Open in App
  • Local
  • U.S.
  • Election
  • Politics
  • Sports
  • Lifestyle
  • Education
  • Real Estate
  • Newsletter
  • AZCentral | The Arizona Republic

    Do you have to roll down your window in a traffic stop in Arizona? Here's what to know

    By Miguel Torres, Arizona Republic,

    18 hours ago

    https://img.particlenews.com/image.php?url=4FJEKz_0vTsjgne00

    The viral video of a traffic stop that quickly escalated involving Miami Dolphins player Tyreek Hill has prompted many to wonder about their rights when they're pulled over.

    Hill's decision to keep his window rolled up led officers to demand he get out of the car, where they forced him to the ground, restrained and cursed at him.

    There is no specific law in Arizona that specifically requires drivers to automatically roll down their windows during a traffic stop, but both law enforcement and legal experts recommend it.

    In the U.S., people most commonly come into contact with police during traffic stops. Every day, police pull over more than 50,000 people, according to a Stanford University study.

    Every agency and every officer has a different approach to traffic stops, but all stops should balance individual rights and state laws.

    To thread that needle, it is important to understand what a driver's rights are and what authorities expect. Here's what to know.

    What to do when pulled over for a traffic stop

    All police agencies say the same thing when you see flashing lights behind you: slow down and pull the car over in a safe spot as soon as possible.

    If it's a scorching Arizona day, drivers should keep their cars on for the air conditioning, and if it's night, drivers should turn on interior lights, according to the Arizona Department of Public Safety.

    Sgt. Rob Scherer, a spokesperson for Phoenix police, said drivers should keep their hands visible and follow directions.

    Local criminal defense attorney Marc Victor said drivers must provide their license, registration, and proof of insurance.

    "I tell people not to argue; the officer doesn't have to inform you of why they pulled you over at the time," Victor said.

    California is the only state in the country with a law that requires officers to explain why they've stopped someone.

    Do I need to roll down my window?

    Experts said drivers should roll down their windows after being pulled over, even on a hot summer day.

    While there is no state law requiring drivers to roll down their windows, officers will eventually ask them to do it to observe and speak with the driver, said Scherer.

    Not obeying a lawful order or direction from a police officer during a traffic stop is a misdemeanor in Arizona.

    Refusing to roll down a window after it has been ordered could be charged under this law.

    What rights do I have?

    The American Civil Liberties Union says that while officers have a lot of discretion during traffic stops, drivers have protections.

    While you do have to identify yourself, you have a right to remain silent and don't have to answer questions about where you're going or what you are doing.

    In addition, you have the right to refuse to consent to a search. Without consent, an officer would need probable cause to search your car, Victor said.

    Victor said drivers and passengers have to exit the car if told to and can be detained by police, but once arrested, drivers have a right to an attorney. Police may pat you down if they suspect you have a weapon.

    What about guns in the car?

    Arizonans can keep a firearm in their cars as long as they're not in a location, like school grounds, where having a gun is prohibited.

    While drivers do not legally have to automatically tell law enforcement agents that they have a gun in their vehicle, law enforcement agencies recommend drivers volunteer that information.

    On the other hand, if an officer does directly ask, a person must answer or risk being charged with refusing to comply with a lawful order.

    During a traffic stop, an officer may hold on to a person's firearm if they feel unsafe, but they must return it if no related criminal activity is alleged.

    How to leave a traffic stop

    Victor said that if a ticket is handed to a driver, the driver should sign it.

    The Arizona Department of Public Safety said that if drivers have questions about any paperwork they've been handed, they should ask.

    After dealing with paperwork, "determine if and when you are free to leave," Victor said.

    Once the law enforcement agent has said that you are free to go, do not just enter traffic and then accelerate, instead accelerate on the shoulder, matching the speed of surrounding traffic, and enter traffic when safe.

    This article originally appeared on Arizona Republic: Do you have to roll down your window in a traffic stop in Arizona? Here's what to know

    Expand All
    Comments /
    Add a Comment
    YOU MAY ALSO LIKE
    Local News newsLocal News
    The Shenandoah (PA) Sentinel6 days ago
    Alameda Post17 days ago
    AZCentral | The Arizona Republic9 hours ago

    Comments / 0