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LEGAL EASE

something over and above the traffic violation. So, if you’re stopped
for speeding and otherwise have zero reason to cause an officer to
be suspicious, he can’t search your car.
How long can I be detained? In a nutshell, the Supreme Court
has held that you may be detained only the length of time necessary
for the officer to reasonably satisfy the purpose of the stop in the
first place. You can’t be held for any longer than that. For example,
if the officer wants you to stay until he can have a drug sniffing dog
check out the car, he’s in the wrong unless he can prove there was
reasonable cause to believe there are drugs in the car. Officers may
request you to stay but there’s a difference between a request and
an order. You need to make sure of the difference and the easiest
way to do that is to say “Officer, am I free to go now?” and then
get a clear answer to the question.
What if I have a gun in my car? Even if you don’t have a con-
cealed carry permit, you’re allowed to have a gun with you in Texas.
If it’s a handgun and you don’t have a permit, all that’s required is
that it not be in plain view. It has to be in the console or some other
place out of sight.
Can I be handcuffed? If you have been arrested for a suspected
crime, yes, you can be handcuffed at any time. Even if the officer
removes the handcuffs, he has the right to put them back on again.
However, in the context of a traffic stop, the officer has the right
to handcuff you only if he reasonably believes it’s required for the
officer’s safety. He can’t handcuff you just for the heck of it because
your tail light is out. There needs to be a reasonable justification.
The most common one is that the officer has some reason to think
his safety may be endangered unless you’re physically restrained. His
belief has to be justifiable; not whimsical.
Can I be frisked? If the officer has a reasonable belief, based with bad guys. The courts generally give wide discretion to officers,
on articulable facts, to detain you, he also has the right to conduct but it’s not unbridled. Once they put a toe over the line to step on
a pat down search to check for weapons IF there’s a reason to sus- your civil rights (such as by searching your body or your car or
pect you might have a weapon. If the officer actually arrests you (as home, or by curtailing your freedom) the Courts demand some plau-
distinguished from a brief detention), then he certainly may conduct sible excuse as to why they did what they did. But, as a general rule,
a pat down search. if an officer can articulate a factual, objective reason to justify what
What information do I have to provide an officer? When they did, it’s probably legal. Once in awhile you’ll run into a bully
stopped, even if briefly, you are required to identify yourself. Oth- cop who will try to run roughshod over you. The takeaway message
erwise, you have the right to remain silent. Totally silent. Is that the is this. Be polite and be deferential. You don’t have to give permis-
smartest move? Probably not, but it’s your right. sion to a request but first clarify it’s a request rather than a demand.
So, what’s the takeaway: Doesn’t it go without saying that po- If it’s a demand, do what the officer states. Remember, this stuff is
lice officers have a difficult enough job, a dangerous enough job, almost always recorded on car and body cams. You can always make
without some lawyer like me telling you how to smart mouth back a fuss after the fact and challenge the legality of the officer’s actions.
to them? Oddly enough, the courts (a place super-populated with But, even in the face of a bully cop, the time to challenge him/her
lawyers) will be the first to step forward and protect the officers is later; not then. Most importantly, make your teenage kids read
rather than smart-mouthed citizens. It’s a difficult balancing act to this article. If they don’t know already, they need to know that there
weigh the civil rights of citizens against the needs of peace officers are times and places to challenge authority but, when stopped by a
who must protect the community, and themselves, in a world filled police officer, discretion is the better part of valor.

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