Do drivers need to roll down their windows during a traffic stop?

2024-12-25 13:14:35 source:lotradecoin developer API documentation category:Scams

On Sunday, NFL wide receiver Tyreek Hill was pulled over by Miami-Dade police prior to that day’s game between the Miami Dolphins and Jacksonville Jaguars, a traffic stop that soon escalated into officers removing Hill from his McLaren 720S coupe, forcing him to the ground and handcuffing him.

A key inflection point in the confrontation occurred when Hill ‒ who initially lowered his window to give the officer his license ‒ rolled up the window over the officer’s objections. The confrontation was captured on body-camera footage.

While different states have different rules for drivers' duties during a traffic stop, experts generally agree drivers should roll their window down to communicate with officers. Here's what to know:

What to do when you're pulled over

According to the American Civil Liberties Union, when you see flashing lights behind you, you should slow down and stop the car in a safe location as quickly as possible.

Criminal defense lawyer Marc Victor of Chandler, Arizona, explains why:

“You have to pull over when the lights come on or risk getting a felony flight from law enforcement charge,” said Victor, whose legal issues videos on YouTube include a series titled, “How to Survive a Traffic Stop.”

Once there, lawyers say, you should turn off the car, switch on the car’s dome light if it’s dark outside and place your hands visibly on the steering wheel.

Traffic stops are the most common way in which Americans come in contact with police officers. According to Stanford University’s Open Policing Project, nearly 50,000 motorists are pulled over daily.

A New York University study conducted in 2020 in conjunction with the Stanford project examined nearly 100 million traffic stops across the U.S., finding that Black drivers were about 20 percent more likely to be stopped than white drivers relative to their share of the residential population.

Contrary to popular belief, Victor said, officers generally don’t have to tell you why they pull you over ― one exception is California, where a 2024 law now requires officers to explain why they've made the stop ― but they must act according to Constitutional and department standards.

Do I need to roll down my window?

Advice regarding whether drivers should roll down their windows is a mixed bag, but in general it’s best to do so, especially when an officer requests it.

In Fort Lauderdale, Florida, criminal defense law firm Meltzer & Bell says drivers are required to roll down their windows when they are pulled over in order to ensure smooth interaction with law enforcement.

The ACLU recommends drivers roll them down at least far enough to be able to hand over required documents – license, registration and proof of insurance – to the officer.

A blog post on Pittsburgh criminal law firm Worgul, Sarna & Ness' website says that in Pennsylvania, rolling down one’s window is not required but recommended.

“Not only does this help communication,” it says, “but rolling down your window all the way puts the officer at ease and shows them you have nothing to hide.”

If an officer asks you to roll down your window, the firm said, drivers should do so to comply.

Lawyers offer more traffic stop advice

In Florida, the state’s Stop and ID laws become active when one is stopped by law enforcement, whether for a traffic violation or because of suspicion of a crime. Drivers are required by law to identify themselves.

“The law is clear and unambiguous: provide ID,” says Melzer & Bell. “Refusal to identify oneself during a lawful stop can lead to further legal action by law enforcement.”

It’s also a good idea to make sure you have your required documentation handy, the firm says.

That doesn’t necessarily mean reaching for them right away. In general, lawyers advise keeping your hands on the steering wheel and avoiding sudden movements.

"Do what the officer tells you to do,” says retired detective Bill Richardson, who spent 16 years as a traffic officer in Mesa, Arizona. “If the officer says, 'Turn off the radio and shut up,' turn off the radio and shut up. You need to talk to the officer like you would talk to your priest or to your parents. You need to be respectful."

Chandler attorney Victor advises drivers to be polite and not to argue or be disrespectful. If the officer asks you to exit the vehicle, exit the vehicle. Arguments over the situation or mistreatment can be handled in court.

“Many people make the mistake of asking what they did wrong before complying,” writes Pittsburgh’s Worgul, Sarna & Ness. “This can be considered hostility.”

USA TODAY Network reporters Lauren Castle, Sean Holstege and Emily L. Mahoney contributed to this story.

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