Police stops your car: 10 Question Quiz

October 10, 2019

Do you know your rights when you get pulled over by the police? Believe it or not you do have rights. There are things that you can and cannot do when being pulled over by the police. Do you know your rights? Take this 10 question quiz and test your knowledge. Find out if your law and order shows, social media and other outlets have taught you the truth about police stops. Can you go 10 for 10? 

 

Questions: 

 

1. Do you need to stop the car when being pulled over? 

 

2. Are you allowed to record the police? 

 

3. If you just don't want to talk to the police can you just drive away? 

 

4. If the police doesn't give you Miranda rights, will your case be automatically thrown out? 

 

5. Does the police have an automatic right to search your car? 

 

6. If you are wrongfully arrested are you allowed to resist? 

 

7. Are you allowed a phone call prior to calling police? 

 

8. Do you have a right to a lawyer during a car stop? 

 

9. Is your car automatically towed in ever case you are arrested? 

 

10. If the police fail to give you a citation could your criminal motor vehicle charges be dismissed? 

 

Answers: 

 

1. Do you need to stop the car when being pulled over? 

 

 

Yes.

 

If the police have their lights on and are pulling you over, you must pull over your car. You can't speed up and try to drive away even if you believe that you haven't done anything wrong. If you are alone on a deserted road and concern that the person pulling you over is not a police officer, you can call dispatch and have them run the license plate of the police vehicle. You can also ask the officer for his or her badge number and call the police station to double check. 

 

2. Are you allowed to record the police? 

 

Yes. 

 

You are allowed to record the police officer. However, you must let the police officer know that you are recording them. In Massachusetts, you are in violation of the wiretap statute should you record a person's voice without their knowledge. If the officer knows that he or she is being recorded then it is fine. 

 

3. If you just don't want to talk to the police can you just drive away? 

 

No. 

 

No matter how much you do not like the conversation, you are not allowed to drive away. Should you try to drive away that makes it very likely the officer will arrest you. If you drive away it will also create a very dangerous situation and will make things much worse. 

 

4. If the police doesn't give you Miranda rights, will your case be automatically thrown out? 

 

No. 

 

Miranda rights are not magic and will not make your charges disappear. In certain cases if you are not given Miranda rights, it may weaken the government's case by suppressing your statements, however, it will not lead to an automatic dismissal of the case. 

 

5. Does the police have an automatic right to search your car? 

 

No. 

 

The police do not have an automatic right to search your car. A police officer needs authority to search your car. This authority may come through your consent or a search warrant. If you do not give consent and there is no search warrant, then it comes down to if there is a legal exception a.k.a. legal reason to justify the search. 

 

6. If you are wrongfully arrested are you allowed to resist? 

 

No. 

 

The courts have been clear in ruling that even if an arrest is wrongful, it does not give the you a right to resist. 

 

7. Are you allowed a phone call prior to talking to police? 

 

No. 

 

The police do not have to give you a phone call prior to you being arrested. 

 

8. Do you have a right to a lawyer during a car stop? 
 

No. 

 

We may all have heard the phrase that you have a right to speak to an attorney. However, during a traffic stop the police do not need to give you time to speak with an attorney prior to asking you questions. 

 

9. Is your car automatically towed in ever case you are arrested? 

 

No. 

 

The police may tow your car in certain situations, but it is not automatic. Some police departments have tried to tow the car in every situation where there is an arrest and those policies have been challenged. If your car in parked in a legal parking spot or at your house the police may not have a legitimate reason to tow the car. Many police stations will not waste the time and effort to tow the car and litigate the issue. 

 

10. If the police fail to give you a citation could your criminal motor vehicle charges be dismissed? 

 

Yes. 

 

Certain motor vehicle charges can be dismissed if the police fail to provide a citation to you at the time of the arrest. This is known as the No-Fix statute. However, there are exceptions to this rule. 

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