One question I often hear is, “Do the police have to tell me why they stopped me at the side of the road?” The short answer is, “No.” However, while they are not required to explain the reason for the stop immediately, they must justify it later, either through a traffic ticket or a police report.
The Law on Traffic Stops in Indiana
In Indiana, an officer must observe a traffic violation or have a good faith belief that a violation has occurred to legally stop a vehicle. This is outlined in the Indiana Code, and both the United States Supreme Court and the Indiana Supreme Court uphold this requirement. So, what does this mean for you when you’re pulled over?
- Observation of a Violation: The officer needs to see you commit a traffic violation. This could be anything from speeding to failing to signal a turn.
- Good Faith Belief: Even if the officer doesn’t see a violation directly, they can still pull you over if they have a reasonable belief that one has occurred.
The United States Supreme Court and the Indiana Court of Appeals have both held that “a police officer’s subjective motives are irrelevant…and a stop will be valid provided there is an objectively justifiable reason for it.”
Duration and Justification of the Stop
The duration of a traffic stop in Indiana should not exceed the time necessary to explain why you were stopped and issue a ticket. However, the statute does not require officers to inform you of the reason for the stop immediately. This often leads to frustration and confusion. Many of my clients tell me:
– “The officer wouldn’t tell me what I did wrong.”
– “I might have been speeding or swerving, but the officer didn’t say why he stopped me.”
While this lack of immediate explanation can be irritating, it’s important to remember that the justification will appear later in official documents.
Real-World Scenarios
If an officer pulls you over and doesn’t explain why, they still need to document their reason in any issued traffic ticket or arrest report. For instance, you might be told you were stopped for speeding, but the ticket might say swerving. This discrepancy can be challenged in court, but it doesn’t change the immediate interaction.
In more severe cases, like arrests, the police report must detail the reason for the stop. While arrested individuals often don’t receive a ticket, the police report must still justify the stop, whether it’s for a DUI or another offense.
What to Do If You’re Stopped
If you find yourself in this situation, remember the following:
– Stay Calm and Polite: Arguing or getting angry will not help. It’s best to stay calm and comply with the officer’s requests.
-Identify Yourself: Under Indiana law, it is a crime to refuse to identify yourself to law enforcement after being stopped. You must provide your driver’s license (if you have it) or your name, address and date of birth.
– Document Everything: Make a mental note of the interaction and, if possible, write down details as soon as you can. This can be useful later.
– Consult an Attorney: If you believe the stop was unjustified, contact a defense attorney. They can help you review the police report and any tickets issued to determine if there were any legal violations during the stop.
Make The Right Call
While Indiana law does not require police officers to tell you why you’re being stopped at the side of the road, they must justify the stop in subsequent legal documents. If you’re facing confusion or believe you’ve been unjustly stopped, it’s crucial to seek legal advice. Remember, staying informed and knowing your rights can make a significant difference in how you handle such encounters. If you have any questions or need assistance, don’t hesitate to contact the Marc Lopez Law Firm to help you navigate these challenging situations at 317-632-3642, and remember—always plead the Fifth!