What Are My Rights If Stopped by Police in Utah

An encounter with the police can be intimidating, even if you have done nothing wrong. Fortunately, the Constitution provides basic legal protections when people are stopped by police. However, the laws that govern interactions with police officers have become increasingly complex, and it can be difficult to fully understand your rights. In addition, a person’s rights can change drastically depending on the specific circumstances of an encounter with the police.

It is important to understand your rights if stopped by police. Police officers are trained to notice things other observers may not. They are armed and authorized to use force when the situation warrants it. You must protect yourself and your rights and avoid doing something that could jeopardize your safety, lead to your arrest, or incriminate you.

What Are Your Rights When Stopped by Police in Utah?

A person who is stopped by police has certain legal rights and protections. The more you know about your rights, the better off you will be.

One of the biggest mistakes people make when stopped by police is assuming that cooperating with the police will somehow protect them from criminal charges. People often give up their constitutional rights when speaking to police to try to gain favor, or because they think they can avoid being charged with a crime. But often, there is little to be gained from speaking to the police, especially once you have been placed under arrest.

Do You Have the Right to Remain Silent?

The right to remain silent is a cornerstone of a person’s interactions with the police. It means you cannot be forced to provide incriminating testimony. When you exercise your right to remain silent, you may still face consequences such as being arrested or having the police officers assume you are guilty. But talking to the police will rarely improve your situation, and anything you say can be used against you in court to prove you guilty.

Can Police Ask Where You Are Going?

When you are stopped by police, you are not required to provide anything more than basic identifying information. You are not required to share where you are going, where you came from, or why you are on the road.

Can You Ask Why You Were Pulled Over?

In many situations, police are not required to tell you why they pulled you over. However, they must have probable cause to believe you committed a crime. If your case goes to court, the officer must be able to explain why they thought you were breaking the law.

Are You Required to Get Out of the Car?

In most cases, drivers are not required to get out of the car when stopped by police. However, if a police officer asks you to get out of your vehicle, it is generally recommended that you comply to avoid escalating the situation. Police officers often ask people to get out of the car for their safety and to ensure there are no weapons in the vehicle.

Can You Ask If You Are Allowed to Go?

When interacting with police officers, especially in situations where you have not been placed under arrest, it can be helpful to remember to ask if you can leave. Police officers cannot detain you without probable cause. If the police have probable cause, you will know you are suspected of a crime and can assert your right to remain silent and ask to speak to an attorney. If the police say you are free to go, you should do so and not risk incriminating yourself by talking to the police.

Can You Refuse a Search?

You are not required to consent to a search. If you were stopped by police and the officer asks to search your car, you can politely state that you do not consent to a search. However, in certain circumstances, police do not need your consent to search your vehicle. If they have a reasonable suspicion that you committed a crime or there are illegal materials in plain view, police do not need your permission to search your vehicle.

Can You Refuse a Breathalyzer Test?

If the police suspect you are driving under the influence, they may ask you to submit to a breath test. You are not required to provide a breath sample. However, under Utah’s implied consent laws, you could face consequences for your refusal, including suspension of your driver’s license.

Can You Record Your Interaction with the Police?

If you believe you were stopped by police without justification, you may consider recording your interaction with the police. You have the right to record your interaction with the police, and doing so can document the police officer’s behavior during the stop. When done appropriately, recording the interaction can protect against police misconduct and provide proof of what was said and done.

Stop and Identify Laws in Utah

When you are stopped by police in Utah, there are a few things you must do. You must:

• Show a valid driver’s license
• Provide proof of insurance
• Show proper vehicle registration

Unlike many states, Utah has adopted a “stop and identify” law. When a police officer has reasonable suspicion to believe a person has committed a crime, the officer can ask the person to identify themselves. The suspect is only obligated to prove their name and address. But remember, even with “stop and identify” laws, police officers must have reasonable suspicion to believe a person committed a crime.

What You Should Do When Stopped by Police

It is well known but bears repeating: when you are stopped by police, it is better to say less. You may feel like staying silent is hurting your case. But remember, the police do not have the final say in deciding whether or what charges are filed. Instead, the prosecutor will evaluate the case to determine whether to bring criminal charges and what charges to file. Without evidence required to prove their case, the prosecutor may not be able to charge you with a crime.

You can assert your rights while avoiding being confrontational or argumentative. When asserting your rights, calmly and politely tell the police you do not consent to a search, that you are asserting your right to remain silent, and ask to speak to a lawyer.

Contact Douglas D. Terry & Associates Today

If you have questions about what to say or how to respond when stopped by police, it is best to say nothing and contact an attorney. Douglas D. Terry & Associates has offices in St. George and Cedar City and has been defending people accused of crimes for more than 40 years. To schedule an appointment, contact our law firm today by calling (435) 628-4411, sending an email to email@SouthernUtahDefense.com, or completing the online contact form.