What Rights Do Passengers Have in a Traffic Stop?

Most of us have been there. You’re riding in the passenger seat with a friend or family member driving when you see those flashing lights in the side mirror.

Anxiety in these situations is common, depending on who’s driving and what they might be getting stopped for. It’s important to remember that driver is not the only person that has specific civil rights related to this experience — as a passenger, you do too.

We often talk about driver-specific rights, but what about a passenger’s rights? Although they are similar, it’s always good to know the difference.

Everyone is protected from unreasonable search and seizure.

Under the Fourth Amendment, all citizens are protected from unreasonable search and seizure by the government or its agents. This means that if the vehicle you’re in is stopped for a driving violation, that protection also extends to you as a passenger. Importantly, this is not a guarantee that you will not be searched, but rather that it is unlawful to be searched without reason.

In most cases, as long as you follow the general rules of safe driving and are not causing additional disturbance or confusion (i.e. reaching around the vehicle, interrupting the officer’s conversation with the driver, or displaying other probable cause for search), the law enforcement officer will not be able to search or detain you.

Another important right you have as a passenger is the right to remain silent. You do not have to answer questions about who you are, what you are doing, or where you are going/coming from. However, many people don’t realize that in order to invoke your right to remain silent, you are required to tell the officer that is your choice. It is critical to clearly vocalize your choice before falling silent.

One last note: if the driver is removed from your vehicle due to suspicion of a crime beyond the initial violation, chances are that you will be asked to exit the vehicle as well. If any evidence is found indicating a crime, the officer's right to search will extend to you.

Always seek legal guidance to ensure your rights are upheld.

If you believe you are being subject to an unreasonable search, whether you are the driver or the passenger, your best course of action is to reach out to an attorney.

TurnSignl specializes in connecting you to a lawyer over real-time video chat. Our attorneys are trained in de-escalation and can help you communicate effectively with the officer on-scene. The mobile app also records the interaction, which can be incredibly useful if you believe there is evidence of misconduct or unreasonable search.

Download the TurnSignl app today to learn more. Keep your rights right at hand.