The police could stop you if they believe you have committed a crime. You may be questioned, searched and arrested during a traffic stop, which could lead to serious criminal charges and penalties.
To protect your legal rights, it may be important to learn about how the Constitution protects you.
First Amendment
The First Amendment gives people the right of freedom of speech, religion and the press. This gives people the right to record the police. This can be a useful tool to use during traffic stops or whenever the police stop you.
North Dakota is a “one-party consent” state. This means that you have the right to record conversations or interactions as long as you are one of the parties in the conversation. You can also record in public spaces and some private properties with permission from the owners. The exception is that recording the police can not interfere with their duties. For example, it can be argued that being too close to the police while they are being recorded would potentially interfere with the officer’s duties and safety.
By recording the police, it allows you to keep law enforcement accountable for their actions. If the police violate your legal rights and abuse their power, then you’ll have video evidence of their actions, which could be used as supporting evidence for your defense in court.
Fourth Amendment
The Fourth Amendment prohibits unreasonable search and seizure. This may be an important right to enforce if the police believe they need to search you or your vehicle during a stop. There are several factors that would give the police permission to search a vehicle, including:
- If you give the police permission
- When there is probable cause of a crime
- When there is belief that a search is necessary for the police’s protection
- When police have a valid search warrant
- After a legal arrest
If the police search you or your vehicle unreasonably, then your rights may have been violated. Evidence collected during an unreasonable search and seizure may be removed from a trial.
Fifth Amendment
The Fifth Amendment gives you the right to a fair trial and protection from testifying against yourself. Testifying against yourself means the unintentional act of providing incriminating information. In other words, the indication that you were involved in a crime could be used to charge you. You have the right to plead the Fifth during a traffic stop. Pleading the Fifth allows you to remain silent, which can protect you from making incriminating comments.
Using your constitutional rights can protect you from serious criminal charges. You can reach out for legal guidance to learn more about how these rights can help you, if you’ve already been accused of wrongdoing.