The Danger of the Traffic Stop
For many undocumented people, a broken taillight can end in deportation. Police often collaborate with ICE, or ICE agents themselves (ERO) may conduct stops.
Knowing the difference between your rights as a Driver versus a Passenger is vital.
1. If You Are the DRIVER
You have fewer rights than a passenger because driving is a licensed privilege.
Required Documents
You MUST show specific documents if asked:
- Driver’s License (from a US state or foreign country).
- Registration.
- Insurance.
The Golden Rule:
Never present a fake ID or a fake license. It is a felony and can permanently ban you from legal status. If you do not have a license, say: “I do not have a license.” It is better to get a ticket than to commit a felony fraud.
Do Not Answer Extra Questions
Police will ask: “Where are you coming from?” “Where were you born?”
- You DO NOT have to answer these.
- Say: “I am exercising my right to remain silent.”
2. If You Are a PASSENGER
You have more rights than the driver.
You Usually Do Not Need ID
In most states, passengers are not required to show ID unless the officer has “Reasonable Suspicion” that the passenger specifically committed a crime.
- Officer: “Let me see everyone’s ID.”
- You: “Am I being detained, Officer?”
- If No: You can decline.
- If Yes: You may be required to identify yourself depending on state law (see “Stop & ID” states).
Do Not Translate
Officers often ask passengers to translate for the driver.
- Refuse politely. helping the officer investigate the driver can hurt both of you.
- Say: “I choose not to translate.”
3. “Stop & ID” States
In “Stop & ID” states, you must provide your name if you are lawfully detained (suspected of a crime). In other states, you may not even have to give your name unless arrested.
Common Stop & ID States:
- Alabama, Arizona, Florida, Georgia, Ohio, Texas. (Check your specific state laws).
4. Searching the Car
Police need “Probable Cause” or Consent to search a car.
- They will ask: “Do you mind if I look in the trunk?”
- NEVER SAY YES.
- Say: “I do not consent to a search.”
- They may search anyway (if they claim they smell drugs, etc.), but your refusal helps your lawyer fight it later.
Summary
- Drivers: Show license lost, silence on everything else.
- Passengers: Silence, ask if free to go, do not show ID unless mandatory.
- Everyone: Never consent to search, never fake documents.