Legal Question in Traffic Law in Illinois

What rights does a citizen have when "pulled over" ?

If a driver is stopped for a traffic violation (from speeding to a simple broken tail-light), is there anything that a police officer could ask them to do that the driver isn't really "required" to do? (ie. Please step out of the car, or please open your trunk/purse/backpack) How do we know when we're being "asked" to comply, as opposed to being "ordered" to comply?


Asked on 8/25/00, 4:23 pm

1 Answer from Attorneys

David Shestokas Shestokas, & Associates

Re: What rights does a citizen have when

You are always actually being "asked" to comply. You needn't step out of the car, nor answer any questions. If you choose not to do so, you should certainly, as a practical matter, be polite about it. The law does require you to carry your driver's license and proof of insurance while driving. You should provide these to the officer. Any search of your vehicle or person can only be done with either your consent, or "probable cause" that a crime has been committed. "Probable cause" is a technical concept, but furtive movements on the part of the driver or a passenger can create it, so be sure to always maintain your hands in sight, and avoid unusual movements. If the officer wishes to otherwise search you or your vehicle, absent placing you under arrest, you should be willing to wait while he obtains a valid warrant to do so.

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Answered on 10/02/00, 3:18 pm


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