10 Things To Know and Do If You Are Pulled Over by Police in Georgia
Police-Citizen encounters in Georgia can be anxiety inducing. They can be tense. The blue lights go on behind you and you can forget you know what to do. Here are some tips to remind you what to do if you are stopped by police.
Pull over into a safe place as quickly as you can.
Get out your drivers license, registration, and insurance information and put them in your hand. Most police officers will only ask for your license, but it is best practice to have all three ready.
Keep your hands visible to the officer at all times. The steering wheel is the best place to keep your hands for both your and the officer’s safety.
You do not have to identify yourself, but you do have to provide your drivers license.
Be polite at all times. Every part of this encounter can be used against you if you are arrested. Do not give them any additional evidence to be used against you later. Most police officers have both dashcam and bodycam video with audio and are recording.
You have the right to remain silent. It is best practice to assert your right to remain silent by telling the officer, “I respectfully assert my right to remain silent,” and not providing any additional information beyond identification, registration, and insurance.
If there is a weapon in your vehicle, let the officer know the weapon is in the vehicle, and where it is inside the vehicle. If they ask to secure the weapon during the stop, they can do that for their safety.
If the officer asks if they can search your vehicle, say no. Tell them you are asserting your right to refuse consent to search your vehicle. Even if there is nothing in it. Georgia law states they must have probable cause, a warrant, or it must be a search incident to arrest to search your vehicle if you do not consent. If you consent to search, the police officer does not have to have a legal reason to search. They can search because you allowed them. Their search can also potentially be greater than the scope of probable cause or a warrant.
Ask the officer if you are free to leave. If the officer tells you they have stopped you for speeding and the citation has been issued or the encounter regarding speeding is over, ask the officer if you are free to leave. Do not let the officer extend their encounter any longer than is absolutely necessary to do their job. If you feel like the officer is stalling or asking unnecessary questions, continue to ask them if you are free to leave.
Remain in your vehicle at all times. Do not leave your vehicle unless you are asked. If you are asked out of your vehicle, do not resist. If you are arrested, do not resist. The time to fight an unlawful arrest is in court. Do not give the police the right to add additional charges or to gather additional evidence on audio and video.
Remember, the job of police officers is to enforce the laws of Georgia and its cities and counties. They are not your friends. Everything they do in a police-citizen encounter has the goal of investigation and enforcing the laws. You do not have to aid them in that investigation. Be smart, and protect your rights.
