By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 3, 2022
People often ask us what are their rights when stopped by Michigan police. Specifically, people ask if they have to consent to a search of their car. Being stopped by the police causes a lot of anxiety and confusion. Many people don’t know what rights they have when stopped by the police. Your civil rights may seem like an abstract idea until those rights come into play when the police detain you during a traffic stop
What rights are involved during a traffic stop? How long can the police hold you? Do you have to consent to a search? This article discusses your rights when stopped by Michigan police.
When do the police have the right to stop your car?
If the police see a civil infraction, misdemeanor, or felony take place, they have the absolute right to stop you. Additionally, an individual can be stopped if the police have reason to believe that you are the subject of a “BOLO” (Be On the Look Out). However, the police cannot stop you for a “hunch” or no particular reason. The police must possess at least “reasonable suspicion” to believe that something wrong occurred, even if it is just a civil infraction.
Under the Michigan Motor Vehicle Code, a police officer can stop you for defective equipment. Michigan Law states that equipment on vehicles must be in proper working order. If the officer notices a violation of defective equipment, the officer can stop the car to inspect the issue further. Even something as minor as a non-working light for a license plate can result in a traffic stop.
Despite the “protections” of the 4th Amendment, not much is required for a police officer to stop your car in Michigan. Even though the 4th Amendment protects people from unreasonable searches and seizures, people still get pulled over with little or no justification. If the police want to stop you, they will. It is up to the lawyer to challenge that stop in court. An experienced knows what to look for and what arguments to raise to challenge the legality of the traffic stop and subsequent search.
Over the years, the United States Supreme Court has diminished the 4th Amendment. It is often said that the “exceptions swallow the rule.” For example, in Heien v North Carolina, the United States Supreme Court held that even a police officer’s reasonable mistake of law gives rise to reasonable suspicion that justifies a traffic stop under the Fourth Amendment.
The 4th Amendment protects a person from “unreasonable” searches and seizures. A knowledgeable criminal defense attorney can make a persuasive 4th Amendment argument to get the stop ruled unconstitutional. At Czarnecki & Taylor PLLC, we have presented the court with compelling 4th Amendment arguments that resulted in case dismissals.
Do you have to let the police search your car?
No. You do not have to consent to a search. Police will often ask drivers who have been stopped for a traffic offense if they can search the vehicle. You don’t have to let them search your car. This is especially true if you have only stopped for speeding or some other civil infraction.
But, if the officer has probable cause to believe a crime has been committed, the officer does not need your consent search. For example, if the officer thought the vehicle had been used in a crime, the officer may search the car. If the officer sees evidence of something illegal in the vehicle in “plain view,” the officer will search the vehicle.
But without a warrant or probable cause, you do not have to consent to that search. Never permit them to search you or your car. That is your civil right. Police officers will not inform you of your right to say “no” because they want you to say “yes.” If you don’t want to consent to a search of your car, politely tell the officer “no.” Make it unequivocal.
The police want a person to consent to a search. Consent is the ultimate Fourth Amendment waiver. This means the 4th Amendment will not apply. For example, the police will say, “Can I search your car? You don’t have anything to hide, do you?” Always remember you do not have to give your consent to search.
How long can the police hold you once you have been pulled over?
The answer here can be complex. It is perfectly legal for a police officer to stop you on reasonable suspicion that you committed a traffic offense. However, the officer cannot indefinitely detain you. But, the officer can extend the length of the traffic stop if he detects other evidence of wrongdoing.
There is no magic time frame for how long is too long to be detained by the police for a traffic investigation. If the police have ever stopped you, you know it takes a little while to run your record and check your driver’s license, registration, and insurance. But, if the traffic stop exceeds 30 minutes, the burden shifts to the police to justify holding you longer than necessary to issue a traffic ticket.
Once the police stop or “seize” your vehicle, the police may extend the length of the detention if they have valid reasons. Once stopped, the situation could get progressively worse for you or your passengers. For example, if the officer smells marijuana while talking with you next to your car, the officer can detain you further. “Plain smell” is when the officer indicates that, with his “training and experience,” he detects the odor of marijuana. Although marijuana is now legal, if the police officer believes you are “impaired” by marijuana, the officer could continue the traffic stop to investigate the offense of operating under the influence of drugs.
So, if the officer smells marijuana, or sees what the officer suspects to be contraband in “plain view,” the officer can detain you longer for further investigation and possibly an arrest. If the officer determines that in -plain view – items in your possession are illegal (i.e. contraband, open intoxicants, weapons, etc.) or suspicious (glossy eyes, furtive gestures, etc.), you and your occupants may be asked to step outside of the vehicle for further questioning and investigation. Both Federal and Michigan law gives the police the authority to briefly detain people if the officer has a reasonable and articulable suspicion that the person is engaging in criminal activity. Clearly your prolonged detention will be justified because of an ongoing criminal investigation.
So, the length of your detention depends heavily on the initial reason for the stop and any further facts the officer may uncover. The question often asked in 4th Amendment hearings is, was the extended detention “reasonable” under the circumstances?
A traffic stop can cross the line and become questionable under the 4th Amendment when the detention extends past the time when a person should reasonably be allowed to leave. For example, if a person is stopped for speeding, the moment the officer issues a ticket or warning, the traffic stop should end. Any search performed after the officer issued the ticket, including the use of drug-sniffing dogs, would violate the Fourth Amendment if the officer did not have probable cause to detain you longer.
Case Example:
Our office represented someone the police stopped for a minor traffic violation. Specifically, the individual had crossed a couple of lanes without signaling. After the police stopped our client, he got out of the vehicle and locked the doors. The officer asked if he could search the car, and the client told the officer that he couldn’t. He made it quite clear the officer did not have permission to search.
The officer did not have any evidence of a crime other than a traffic violation. The officer should have just issued the traffic ticket and let our client go on his way. Instead, the officer got frustrated that he could not get permission to search the car. The officer kept our client on the side of the road for approximately one hour so that a K9 could come from another jurisdiction to conduct a “sniff” search.
During the sniff search, the K9 officer claimed the dog smelled a controlled substance. This claim was questionable. The client’s windows were rolled up, and the car’s trunk had been filled with Jimmy John’s bread. Nevertheless, the officer searched the vehicle and found a marijuana pipe in the glove box.
In our motion to suppress the evidence, we argued that the officer unreasonably detained the client for an hour with no proof that the client had been engaged in a crime. Essentially, the officer did not have the right to detain our client for an hour so that a K9 could search. The court agreed and dismissed the possession of marijuana case because the officer violated the 4th Amendment.
When should a traffic stop end?
The answer to this question is not straightforward. The answer is: it depends. In Rodriguez v US, the US Supreme Court ruled that a traffic stop ends when the objective of the stop had been concluded:
“A seizure for a traffic violation justifies a police investigation of that violation” – not more — and “authority for the seizure . . . ends when tasks tied to the traffic infraction are – or reasonably should have been—completed…” Traffic stops have to be reasonably short, and unless there is reasonable suspicion of some other crime, officers can’t use the stop as a subterfuge for extraneous investigation. Most specifically, says Justice Ruth Bader Ginsburg’s opinion for the court, officers can’t prolong a traffic stop just to perform a dog-sniffing drug search.
In Rodriguez, the Supreme Court was presented with the following question: “Was the use of a K-9 unit, after the conclusion of a traffic stop and without reasonable suspicion of criminal activity, a violation of the Fourth Amendment prohibition on unreasonable search and seizures?”
Yes. The court held that using a K-9 unit after the completion of an otherwise lawful traffic stop exceeded the time reasonably required to handle the matter. Therefore, the search and seizure violated the Fourth Amendment’s prohibition against unreasonable searches and seizures.
The court held that the “mission of the stop” determines the allowable duration of the traffic stop. The police officer’s authority for the stop ends when the “mission” has been accomplished. Although the use of a K-9 unit may cause only a small extension of the stop, it was not connected to the mission of an ordinary traffic stop.
So, based on the holding of the Supreme Court, we know when a traffic stop should end. It ends when the mission for the stop has been achieved. Everything after that point could be considered unconstitutional. So, knowing this, police officers will try to get your consent to search or make the traffic stop last longer so they can search you or your car.
For example, officers will delay writing a ticket because they know they have to let you go once they do. So, police officers might have the k-9 arrive before issuing you the ticket. Essentially, the police are trying to find a way around the 4th Amendment. The longer the police can delay completing the objective, the more time they’ll have to explore their options.
When should you use your “Right to Remain Silent?”
Always. Do not answer questions related to a criminal investigation. Traditionally, the right to remain silent is invoked when you are interrogated. Answers limited to a person’s driver’s license, registration, etc., are not really of any concern. Those are limited in scope and related to the traffic stop. However, if you are arrested for a crime, you should not talk to the police.
During a traffic stop, you can tell the officer your personal information. But suppose you are being asked to implicate yourself in something other than a traffic violation. In that case, you may remain silent.
Your 5th Amendment right is quite clear: “You have the right to remain silent when questioned. Anything you say or do may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.”
In plain language, what this is saying is this: you don’t have to say anything, and if you do, your statements can be used to prove the case against you. You have the right to request an attorney. Once you ask for an attorney, the police can no longer interrogate you. These are your rights, and you should be aware of them.
If you believe that you have been unlawfully stopped, searched, and arrested, contact Czarnecki & Taylor PLLC.
Many police encounters occur as the result of a traffic stop. If you feel that you were wrongfully stopped, searched, and arrested, contact an attorney. As this article shows, 4th Amendment law is quite technical and complex. Much of what is legal or illegal depends on the facts.
You should always contact a knowledgeable and experienced criminal defense attorney to look at the facts of your case to see if the police violated the 4th Amendment.
There are many things a skilled criminal defense attorney can do. For example, the attorney will get the dash-cam videos to see if what occurred during the stop was lawful. Suppose you were arrested as a result of evidence obtained during an illegal search. In that case, your attorney may be able to get the evidence suppressed at a hearing.
4th Amendment law is complex. It takes many years of experience in investigating and challenging unlawful traffic stops to know what to look for in each case. Our office has been challenging traffic stops for over 30 years of combined experience.
At Czarnecki & Taylor, we have successfully challenged many unlawful traffic stops related to drinking and driving offenses, unlawful searches of people or vehicles, and unlawful arrests.
Whether you have been charged with a misdemeanor or a serious felony, our experienced attorneys will work tirelessly to advocate and help you achieve the best possible outcome in your case. One thing that sets Czarnecki & Taylor apart from other firms is our ability to handle complex cases that require specialized knowledge and experience. Our firm’s impressive track record for success and aggressive Michigan criminal defense is unparalleled for achieving exceptional results. Czarnecki & Taylor has a well-earned reputation among judges, courts, city attorneys, prosecutors, police, and other defense attorneys for defending our clients.
Our team is committed to providing the highest quality criminal defense services to our clients. Our dedication to excellence is evident in our results. We have a proven track record of success when it comes to representing clients facing all types of criminal charges, from misdemeanors all the way up to serious felonies. No matter how complex or challenging your situation may be, you can trust that we will do everything we can to get you the results you need.
Do you have a legal issue? We’ve got an answer. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, contact us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.