Jump to Navigation
720-256-2306 | 888-265-0044 Blog: Criminal Law

Criminal Defense FAQ

If the Police Pull Me Over for a Traffic Offense, Can They Search My Car and Arrest Me?

When it comes to cars and their drivers, the police have a quite a bit of latitude in what they can do. It is perfectly legal for them to pull you over for a broken taillight — even if the real reason for making the stop is because the police believe something else is going on. As long as an officer can make a plausible argument to a judge that he believed that you were in violation of some traffic law, he or she can pull you over.

Once the police pull you over, they can search for and seize anything in plain view. This means if you have an open bottle of alcohol lying on the back seat, it is fair game for the police. If police have probable cause to believe you have been involved in criminal activity, including drunk driving, they can arrest you without a warrant. After you’ve been arrested, the police can conduct a full and legal search of your car and any belongings found in your car.

No matter how minor the alleged violation, the police can legally require you and your passengers to get out of the car. While they can’t search your car unless they have probable cause to believe there is criminal activity afoot, officers can do a brief pat down of you or any passenger if they have a only a reasonable suspicion that they might be in danger. Law enforcement can also have a trained dog sniff around your car for contraband without belief that something is wrong, and if the dog finds something, it can be used against you in court.

It is always a good idea to be polite and cooperative in these situations, even if you feel you’re being unfairly treated. If you have been stopped, you must produce a valid driver’s license and, possibly, proof of insurance; failure to do so carries its own penalty. You do not, however, have to answer any questions the police ask you, as you are always protected by your Fifth Amendment right against self-incrimination.

If you feel you have been treated unfairly during a traffic stop, an experienced attorney can help you determine whether the police have acted illegally and, if so, what your remedy might be.

Copyright © 2008 FindLaw, a Thomson Reuters business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter.

View Archives

En Español
  • People v. M.K. (2011): Client charged with felony stalking and violations of orders of protection. Client acquitted of all counts.
  • Araphoe County Attempted Murder trial, client accused of attempting to kill four individuals. Client acquitted of felony charges including all counts of Attempted Murder and client released.
  • P. v. MM (2010): Arapahoe county case involving innocent client mistakenly charged with drug sale. Successfully argued for dismissal of case.
  • P. v. C.B. (2010): Felony drug possession case. Successfully argued for suppression of drug evidence in case where police illegally entered an apartment under the pretense of conducting a child welfare check. Case dismissed.
  • P. v. I (2010): Client charged with inciting a prison riot and faced long mandatory prison if convicted. Successfully negotiated plea for probation.
  • P. v. B-G (2009): Arapahoe County felony case in which client was passenger in vehicle containing over 200 grams of cocaine. Over prosecution's objections, and despite the fact that a co-defendant received a two-year prison sentence, successfully argued to the judge for a sentence of probation.
  • P. v. J. (2009): Felony identity theft case in Arapahoe County. Client wrongly accused of being involved in a scheme to defraud when in actuality client was a victim of the same scheme. Case dismissed.
  • P. v. E. (2009): Client falsely accused by third party of illegal weapons possession of a sawed-off shotgun. Case dismissed after attorney investigation into accuser's background and the allegations.
  • P. v. O (2009): Client charged as look-out for alleged felony cocaine drug sales. Case dismissed.
  • P. v. C. (2008): Client accused of public indecency for changing clothes in a secluded part of a park. If convicted, client would have had to register as a sex offender. Client acquitted at trial of all counts.

Law Office of Andres R. Guevara
1733 High Street
Denver, CO 80218
Phone: 720-256-2306
Toll Free: 888-265-0044
Fax: 303-333-9493
Map and Directions