[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.brodenmickelsen.com\/blog\/passenger-rights-during-a-traffic-stop\/#BlogPosting","mainEntityOfPage":"https:\/\/www.brodenmickelsen.com\/blog\/passenger-rights-during-a-traffic-stop\/","headline":"Are There Passenger Rights During a Traffic Stop in Texas?","name":"Are There Passenger Rights During a Traffic Stop in Texas?","description":"When you ride as a passenger in a vehicle, you are giving a certain amount of control over to the driver. For example, if the driver is exceeding the speed limit, you could find yourself in a situation being pulled over and stopped by the police. What happens if the driver has an illegal substance...","datePublished":"2019-07-11","dateModified":"2023-06-08","author":{"@type":"Person","@id":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/#Person","name":"Mick Mickelsen","url":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/","identifier":16,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Broden, Mickelsen LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","width":378,"height":77}},"image":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2019\/07\/Are-There-Passenger-Rights-During-a-Traffic-Stop-in-Texas-Law-Office-of-Broden-Mickelsen.jpeg","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2019\/07\/Are-There-Passenger-Rights-During-a-Traffic-Stop-in-Texas-Law-Office-of-Broden-Mickelsen.jpeg","height":1707,"width":2560},"url":"https:\/\/www.brodenmickelsen.com\/blog\/passenger-rights-during-a-traffic-stop\/","about":["Criminal Charges","Criminal Defense"],"wordCount":917,"keywords":["Dallas criminal defense lawyer","Law Office of Broden and Mickelsen","police","Reasonable Suspicion","Traffic Stops"],"articleBody":"When you ride as a passenger in a vehicle, you are giving a certain amount of control over to the driver. For example, if the driver is exceeding the speed limit, you could find yourself in a situation being pulled over and stopped by the police.What happens if the driver has an illegal substance in the car? Can the police search you or place you under arrest? Being informed about your rights as a passenger during a traffic stop can help you feel empowered the next time you have an encounter with the police. Here are a few things you should know according to experienced Dallas criminal defense attorney Mick Mickelsen.Police Need a Reasonable Suspicion to Make a Traffic StopUnder the Fourth Amendment, people have a right to privacy, including a right to be free of unreasonable searches and seizures by law enforcement. To make a traffic stop, police first need a reasonable suspicion the driver has committed a crime or traffic infraction. Whether it\u2019s exceeding the speed limit or driving with a burned out taillight, the police can\u2019t just pull someone over because they feel like it.However, the police are also able to stop a car if they have a reasonable suspicion someone in the car has committed a crime. For example, if the vehicle matches the description of a vehicle that fled the scene of a bank robbery, the police may stop the car to determine if the driver or anyone inside was involved in the crime.Passenger Rights During a Traffic StopWhen someone is riding as a passenger in a vehicle stopped by the police, they become part of the stop by default. In other words, they can\u2019t simply exit the vehicle and walk away. In Pennsylvania v. Mimms, the Supreme Court ruled police officers are able to order a passenger out of a vehicle during a traffic stop if they need to do so for safety reasons. The Court affirmed this decision in Maryland v. Wilson, in which it held that passengers may pose a danger to police, and that police may restrict the passengers\u2019 movements to ensure the officer\u2019s safety.In Arizona v. Johnson, the Court held that any reasonable passenger would understand he or she is not free to leave the scene while a police officer is conducting a routine traffic stop.The Supreme Court also recognized that the police intrude on a passenger\u2019s privacy rights when they order someone out of the vehicle or restrict the person\u2019s movements. However, any privacy right must be balanced against the possibility of a threat to the officer\u2019s safety.When the Court weighed the safety risk against the right to privacy, it held that it\u2019s important for officers to be able to restrict a passenger\u2019s movements, including ordering them to leave the vehicle or to sit on the curb while the officer completes the traffic stop. These are all legitimate police actions as long as they\u2019re done in the interest of ensuring the officer\u2019s safety.Once the traffic stop has concluded, however, the officer no longer has any right to control or direct the passenger\u2019s movements.Tips for Dealing with the Police at a Traffic StopIf you\u2019re stopped by police as a passenger in a vehicle, it\u2019s important to stay calm. It\u2019s also important to contact a Dallas criminal defense lawyer at the Broden & Mickelsen, LLP if you believe the police have violated your rights during a traffic stop.If the police broke the law when they stopped you, it\u2019s possible the court will throw out any evidence the police obtained pursuant to an unlawful stop. A criminal defense lawyer in Dallas can help explain your rights.As a passenger, you should deal with the police in much the same way you would as the vehicle\u2019s driver.Be polite \u2013 Be courteous toward the officer. If you\u2019re rude or abrasive, the officer may suspect that you\u2019re hiding something. It\u2019s always better to be polite during a traffic stop, even if you\u2019re annoyed that you were pulled over.Keep your hands visible \u2013 Just because you\u2019re not driving doesn\u2019t mean you should hide your hands or make any suspicious movements. Keep in mind the officer might feel more cautious about stopping a car with more than one person in it, especially if the officer is working alone. The officer wants to protect their own safety, which means they might order you to put your hands where the officer can see them.Don\u2019t exit the vehicle unless the officer requests it \u2013 You should comply with an officer\u2019s request to leave the vehicle, but don\u2019t get out of the vehicle unless the officer orders you to do so.Don\u2019t consent to a search \u2013 You have a right to refuse a search, but that doesn\u2019t mean the police won\u2019t try to get you to agree to one. If the police ask you if they can search you, politely decline and ask the officer why they would like to conduct a search.Dallas Best Criminal Defense LawyersBroden & Mickelsen, LLP(T): 214-720-9552***ATTORNEY ADVERTISING***Prior results cannot and do not guarantee or predict a similar outcome with respect to any future case.Sources:https:\/\/supreme.justia.com\/cases\/federal\/us\/392\/1\/https:\/\/supreme.justia.com\/cases\/federal\/us\/449\/411\/https:\/\/www.oyez.org\/cases\/2008\/07-1122"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.brodenmickelsen.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Are There Passenger Rights During a Traffic Stop in Texas?","item":"https:\/\/www.brodenmickelsen.com\/blog\/passenger-rights-during-a-traffic-stop\/#breadcrumbitem"}]}]