Monday, Mar. 14, 1983

Safe in Your Car?

The average citizen probably worries most about encountering the police while in his car. Herewith a primer of a driver's rights:

The Supreme Court has ruled that a policeman may order you out of your car after stopping you for a traffic violation. In any case, it is usually wise to get out so that the officer can see you are not a threat. He may not frisk you unless he has a reasonable basis for believing that you are armed and dangerous. Erratic or menacing behavior, or a bulge in your pockets, could justify a frisk, but wearing a beard or unusual clothing cannot. If the officer does "pat you down," he may go into only those pockets where he feels something that could be a weapon.

What about your car? The patrolman may seize any contraband that is in plain view, but the Fourth Amendment prohibits a search inside the car unless he has sound reasons for thinking that it contains contraband or illegal weapons. Your rights will not count for much if you are rude, however, because the officer can still choose to make a formal arrest for your traffic offense. If he does, he can then thoroughly search both you and the passenger compartment of the car. This file is automatically generated by a robot program, so viewer discretion is required.