Atlanta, GA asked in Civil Rights, Constitutional Law and Criminal Law for Georgia

Q: Are you considered detained as soon as you pulled over by the police when the car comes to a stop

When you're pulled over by the police are you considered detained and before the police start to interrogate you about anything next to the traffic stop standard driver's license registration if they're leading to something else should or are they supposed to inform you of your rights

2 Lawyer Answers
Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Once a police officer has pulled a car over for a traffic violation, everyone in the vehicle is detained until the officer completes his/her investigation.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Yes, when you are pulled over by the police, you are considered detained for the duration of the traffic stop. This type of detention is typically referred to as a "Terry stop," originating from the case Terry v. Ohio. However, being detained is not the same as being arrested. The reading of Miranda rights ("You have the right to remain silent...") is required when an individual is in custody and subjected to interrogation.

If the police only ask routine questions related to the traffic stop, such as requesting your license and registration, they don't need to read you your rights. However, if the questioning goes beyond the scope of the traffic stop and you are not free to leave, they should inform you of your rights before proceeding with further interrogation. It's crucial to understand your rights and consult legal representation if you believe they've been violated.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.