Getting pulled over or approached by law enforcement can be a little terrifying. Even if you haven’t done a thing wrong, your mind jumps to worst-case scenarios. But remember, you do have rights during a police stop in Knoxville.
When you know these rights, that doesn’t make you combative; it makes you prepared. And as a prepared driver, you can stay calm. Here is what you can and should do if you’re stopped by police in Knoxville.
Why You Can Be Stopped
Police need reasonable suspicion to pull you over. That means the officer must have a specific reason to believe a law is being broken. This can include:
- Speeding
- Expired plates
- Weaving
- Equipment issues
- Running a light
- Anything that indicates a possible violation
While you cannot debate the reason on the roadside, you do have the right to challenge the stop later in court, especially if you or your attorney believes it wasn’t a legitimate stop.
Your Right to Remain Silent
Whether it’s a traffic stop or a street encounter, you always have the right to remain silent. You never have to answer questions like:
- “Where are you coming from?”
- “Where are you headed?”
- “Have you been drinking?”
- “What’s in the car?”
If you choose to remain silent, you want to say, “I prefer not to answer questions.”
That sentence protects you without escalating the situation. Remember to always keep your tone calm and steady.
Your Right to Refuse a Vehicle Search
In Tennessee, officers cannot search your car without your consent unless:
- They have probable cause
- They obtain a warrant
- You’re arrested, and the search is related to the arrest
- There are safety concerns, like suspicion of a weapon
An officer can ask, “Mind if I take a look in your car?” But you are within your rights to say, “I don’t consent to a search.”
You will not get in trouble for saying no. This preserves your rights if the search later becomes an issue.
Your Right to Ask if You’re Free to Leave
If you’re unsure whether the encounter is voluntary or if you’re being detained, you can ask: “Am I free to leave?”
If the officer says yes, you can leave calmly. However, if the officer says no, that means you’re detained. In this case, the officer must legally justify that detention.
Your Right to a Lawyer
If the stop escalates into questioning or an arrest, your right to an attorney kicks in. You can make a clear statement: “I want to speak with a lawyer.”
At that point, questioning is supposed to stop until you have legal representation.
What You Do Have to Provide During a Traffic Stop
Even though silence is your right, you do have to hand over:
- Your driver’s license
- Vehicle registration
- Proof of insurance
What About Recording a Police Stop in Tennessee?
In Tennessee, you have the right to record police as long as you:
- Don’t interfere with their work
- Don’t get physically in the way
- Don’t make movements that look threatening
Your phone is your property. That means officers cannot require you to delete your video.
What Happens if You’re Asked to Perform Sobriety Tests?
Since Tennessee’s DUI laws are strict, you may have to tread lightly when pulled over for suspected driving under the influence. Here is what you will want to know:
- Field sobriety tests: You can refuse them. They are subjective, but officers rely heavily on them as evidence.
- Roadside portable breath tests: You can also refuse this without automatic penalties.
- Official breath or blood test after arrest: This is different. Tennessee’s implied consent law means that refusing this test can result in an automatic license suspension.
If alcohol is in the picture, staying quiet and requesting an attorney is the safest move.
Speak with a Knoxville Criminal Defense Attorney
When you know your rights during a police stop in Knoxville, you can keep yourself protected under the law.
However, if you believe your rights were violated, if you’re facing charges, or if a routine traffic stop took a turn you didn’t expect, you may want to talk to an attorney experienced in Knoxville criminal cases. An improper stop, an unlawful search, or a questionable test can change the outcome of your case.
At Easter & DeVore, Attorneys at Law, we are ready to help Knoxville residents understand their rights. Allow us to build a strong defense for your case. Reach out and schedule a consultation with our team.
