If You Are Wrongly Detained, Any Evidence Collected May Not Be Used Against You

Needless to say, if the officer wrongly detains you, then any information that has been obtained from that illegal investigatory detention can be thrown out in court or there may be a civil lawsuit that you can bring for some type of false imprisonment.

You Cannot Evade the Investigate Detention

When you’re being stopped by a police officer in a vehicle, then you also have an obligation to pull over. Even if the reason for stopping your vehicle was illegal, you still can’t evade the officer. Otherwise, you’re going to come up with a criminal charge of fleeing and eluding the police officer. Likewise, in the street scenario, if you run from the police officer, there could potentially be an obstruction of justice charge lodged against you.

Legally, What Are You Compelled to Obey and What Can You Refuse to Comply With?

Interviewer: In a traffic stop in your car, or if you’re parked, what can they ask you to do that you lawfully can’t refuse? What can they ask you that you can refuse?

Kevin: When a police officer stops a motorist and asks for driving documentation, the motorist has the obligation to provide registration, insurance and driver’s license cards.

If the driver refuses to do that, then there can be traffic tickets issued to the driver for failing to produce those documents.

However, if a police officer starts asking the driver questions about where he was coming from or where she’s going or if the driver had been drinking alcohol, then that driver has no obligation to give an answer to those questions.

By Kevin Leckerman

Attorney Kevin Lekerman
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