No one plans to get pulled over, but it happens every day—on your way home from work, after a late-night Taco Bell run, or just cruising through your own neighborhood. It’s a routine part of law enforcement, but make no mistake: a traffic stop is a legal event with real consequences. If you don’t know your rights—or worse, if you fall into the trap of trying to explain yourself—you could end up in jail over something that started as a busted taillight.
This guide is designed to help you stay safe, stay smart, and not sink your own ship when you see those flashing lights.
You’re Not Free to Go
Let’s get one thing out of the way: A traffic stop is not an arrest, but it is a seizure under both the U.S. Constitution and Indiana law. That means once those disco lights are behind you and an officer is walking up, you’re legally detained. You do not have the right to drive away, and acting like you do can quickly lead to charges of resisting law enforcement.
Understanding that you’re in a seizure situation means understanding that your words and actions matter. Everything you say can be recorded—and will be used if things escalate.
Why Did They Pull Me Over?
We hear it all the time: “They stopped me for no reason.” Unfortunately, that’s not usually how the courts see it. In Indiana, if an officer witnesses even a minor traffic violation—something as small as a forgotten signal or a cracked tail light—they have the legal authority to stop you.
And yes, even if five other cars did the same thing, and you were the only one pulled over, it doesn’t matter. That’s called a pretextual stop, and it’s perfectly legal in Indiana. The officer doesn’t need a good reason—they just need a reason. The bar is low. Think ankle-level low. If it looks like a violation, it is a stop.
Pull Over Promptly and Safely
When you see lights or hear a siren, don’t hesitate. Pull over right away—but do it safely. Use your turn signal. Find a spot that’s off the road far enough so the officer isn’t standing in traffic. If you keep driving, even with good intentions, you could be charged with resisting law enforcement by flight under Indiana Law. That’s a felony—two and a half years in prison and up to a $10,000 fine.
This isn’t about fairness. It’s about protecting yourself. Pull over as soon as it’s safe.
Stay Still, Stay Visible
Imagine approaching a car at night as a police officer. You can’t see the driver’s hands. You don’t know if the person is reaching for their registration or a weapon. That’s the scenario officers are trained to fear—and it’s why your behavior during the stop matters so much.
Put your hands on the wheel. Don’t fidget. Tell your passengers to sit still. Don’t dig through the glove box or reach under your seat until the officer asks. Sudden movements can be interpreted as threats, and they can give police an excuse to escalate—or even search your car.
Yes, You Have to Identify Yourself
If the officer asks for your license, registration, or identifying information, comply. Refusing to identify yourself is a criminal offense in the State of Indiana—specifically, Refusal to Identify, a Class C misdemeanor. That’s jail time and a permanent record over something entirely avoidable.
If you don’t have your physical license on you, you must provide your name, address, and date of birth. That alone can save you a night in jail and a world of legal trouble.
Passengers: Know Your Role
If you’re a passenger in a vehicle, you might think you’re off the hook—but think again. You can’t just walk away from a traffic stop if the officer tells you to stay put. If a passenger refuses lawful orders, they can face charges too. Additionally, if an officer sees a passenger commit an infraction, throwing a cigarette butt out of the window, the officer can now lawfully ask for the passenger’s identification too.
Why Are They Asking Me Questions?
The officer might start the conversation with a friendly-sounding question: “Do you know why I stopped you?” It seems innocent, but it’s a trap. They’re fishing for a confession. If you say, “I guess I was speeding,” you’ve just admitted guilt—and given them more ammunition than they had before.
It gets worse. Officers can legally ask, “Do you have any drugs or weapons in the car?” or “Where are you headed?” Here’s the trick: You don’t have to answer those questions. Not one of them. Just say, “I plead the Fifth.”
And no, that doesn’t make you look guilty. It makes you look smart.
Do NOT Consent to a Search
This one is huge. If the officer asks to search your vehicle, just say, “I plead the Fifth.” If you give them permission—even if you have nothing to hide—you’ve just waived your constitutional rights.
It doesn’t matter if you’re confident that your car is clean. If your passenger dropped something, if your buddy left gummies in the glove box, if the officer “finds” something questionable—you’re the one on the hook. Always refuse. Always.
Marijuana Smell = Search
In Indiana, if an officer says they smell marijuana—burnt or raw—that’s enough to search your car without a warrant. It doesn’t matter what you were actually smoking. It doesn’t matter if it was CBD or Delta-8. Indiana courts have upheld the smell of marijuana as legal grounds for a search.
You can’t argue your way out of it. All you can do is stay quiet, stay respectful, and call us later.
Inventory Searches and Arrests
If you’re arrested, your vehicle can be towed—and police are allowed to perform an “inventory search.” This is not just a quick peek in the trunk. They can go through every bag, glove box, and compartment. And yes, they will find anything they’re looking for.
Even worse? If your friend’s bag has something illegal in it, you might be the one charged. Be careful about what—and who—you allow in your car.
Time Limits on Stops: The Clock Is Ticking
Police can only keep you at the side of the road as long as it takes to handle the traffic stop. That means checking your license, registration, and insurance. They can’t just hold you while waiting for a drug dog—unless the dog is already on site.
If the officer is clearly dragging things out, hoping for a reason to search or make an arrest, that might be a constitutional violation. But again, don’t argue it in real time. Let us handle that.
Record, Don’t Rage
If things feel off—if the officer is being aggressive or dismissive—don’t yell. Don’t argue. Record. Set your phone to start audio recording. Ask your passenger to quietly document what’s happening.
Just remember: Assume everything is being recorded. Your words, tone, and attitude can all be used later. Be calm. Be clear. Be smart.
Let the Officer Be the One to Screw Up
Here’s the hardest part for most people to accept: You’re not going to win the argument with a police officer at the side of the road. Even if you’re right and the officer is wrong, raising your voice or refusing to cooperate only hurts you. Most of the time, people get themselves arrested by saying too much, moving too fast, or trying to talk their way out of something.
Let the officer do whatever he’s going to do. If he makes a mistake, we’ll hold him accountable later. That’s why you call us.
Make the Right Call
If your traffic stop turned into a criminal charge—whether it was fair or not—you need help. Don’t wait. Call the Marc Lopez Law Firm at 317-632-3642. Whether you’re guilty, innocent, or somewhere in between, we can help you navigate what comes next.
And remember, at every traffic stop, in every uncertain moment, the safest words you can say are:
