What is an officer allowed to do on a traffic stop? and What rights do you have? NBC26 was assisted by the Fox Crossing and Town of Menasha Police to take a closer look.
"An officer has a job to do," Officer Jason Weber with Town of Menasha and Fox Crossing Police Department says the goal of most traffic stops is safety: Yours, other drivers and the communities. "We get complaints everyday about speeding through neighborhoods," said Weber.
What is an officer allowed to do?
- Ask for your license and registration: You are required to show these documents.
- Ask you to get out of the car: "There will be times where an officer asks someone to get out the vehicle, that is usually when there is suspected drunk driving or other concerns," said Weber.
- Ask you where you are headed: "We want to know who we are talking with," said Weber.
What your allowed to do?
- Record the traffic stop: "You are free to video tape as long as you're not interfering. We don't want anyone coming up and following the officer," said Weber. Remember in all likelihood the traffic stop is also being recorded by dash cam or body camera.
- You can say no if an officer asks to search your car: " An officer can't just arbitrarily search anybody's car," said Weber. But an officer *can search your car without consent if they have probable cause. That can include but is not limited to the smell of alcohol, drugs or spotting illegal items.
Weber says the bottom line is to be kind, honest and cooperative and the traffic stop is more likely to go your way, "Debating it on the side of the road isn't the safety place," said Weber. Weber says if you feel the need to question a stop use your court date or file a complaint.
