Teaching your teen about pretext stops

For many parents, teaching their teen how to drive safely is a top priority, but it is arguably just as important to educate them about their rights in the event that they’re involved in a traffic stop. Making this effort can help keep them safer and also preserve their legal rights more effectively.

Pretext stops, which is when police pull over a driver for a minor traffic violation to investigate an unrelated suspicion, are common. Young drivers, especially teens of color, may be more likely to experience them than older drivers are.

What is a pretext stop?

A pretext stop occurs when law enforcement pulls over a driver for a minor infraction, such as a broken taillight or failing to signal, while actually looking for evidence of a different offense. These stops are legal under the Supreme Court’s ruling in Whren v. United States (1996) as long as an officer has a valid reason for the initial stop in question. However, they are often criticized for leading to racial profiling and unnecessary – possibly unlawful – searches.

If your teen is stopped by police, they should remain calm, be polite, and follow these key steps:

1. Pull over safely – As soon as it is safe, they should pull over, turn off the engine and place their hands on the steering wheel.
2. Provide required documents – If asked, they should hand over their driver’s license, registration and proof of insurance.
3. Know their right to remain silent – Teens do not have to answer questions beyond providing their identification. If the officer starts asking unrelated questions, they can politely decline to answer.
4. Refuse unlawful searches – If an officer asks to search the vehicle, your teen has the right to say no unless the officer has probable cause or a warrant.
5. Avoid sudden movements – Any movement toward a glove compartment or pocket should be slow and explained beforehand to avoid misunderstandings.
6. Stay inside the vehicle – Unless the officer instructs them to exit, they should remain in the car with their seatbelt on.

Having open conversations about pretext stops can help your teen feel more confident if they are ever pulled over. Role-playing different scenarios and reinforcing the importance of staying calm can be helpful.

Encourage them to call you immediately if they feel uncomfortable or believe their rights have been violated. If a pretext stop leads to an arrest or search, seeking legal guidance can help you safeguard your child’s future in the wake of wrongdoing on the part of law enforcement.