The scenarios wherein Police want to talk to, or request a statement from, a driver come in various forms. The form discussed here will be when Police want to question a driver during a vehicle stop.
It is common for Police to stop a vehicle for a Pennsylvania Vehicle Code “operator” violation, such as exceeding the speed limit. It is also common for Police to stop a vehicle for a Vehicle Code “mechanical” violation such as a broken taillight. These mechanical violations are often beyond the control and knowledge of the driver, and justify a vehicle stop even if that driver is complying with all other Vehicle Code laws. In either of these scenarios, Police are permitted to stop your vehicle, obtain basic operator information (i.e. license, registrations and insurance information), and issue a citation if it is required.
However, at this point the scenario often changes, and drivers must be aware of their rights moving forward. After Police have issued a written citation, the Probable Cause has been completed. However, often times Police will engage in additional questioning of the driver, and possibly even try to search the vehicle.
Once the original Probable Cause for the stop has been completed, Police generally need either new Probable Cause or your consent to search the vehicle. If they do not have either, they generally may not search your vehicle. Therefore, it is wise for a driver to refuse a vehicle search. This refusal should be made respectfully and firmly.
In some cases, Police may insist upon searching or even threaten to tow the vehicle. If this happens, it is important for the driver to inform Police that they must speak with a lawyer immediately. Typically, this request will end any further questioning.
Sometimes Police will simply impose their authority and begin to search despite the driver’s refusal. In this circumstance, a driver should remain silent. After the search, they will need to hire a lawyer who specializes in criminal law, specifically in the areas of Search & Seizure/Fourth Amendment rights.
