As a passenger in a vehicle, you may feel like you have little control over the situation when the driver is pulled over by law enforcement. However, even as a passenger, your legal rights are still very much on the line. It’s important to understand the limits of police authority and the steps you can take to protect yourself during a traffic stop in New Jersey.
Police Authority and Constructive Possession
During a vehicle stop, police may attempt to search the car and charge all occupants with drug or DUI offenses, even if the contraband or impairment is solely related to the driver. This is due to the legal concept of “constructive possession.”
Constructive possession means that even if an item is not physically on your person, you can still be charged if the police believe you had knowledge of and control over the item. As a passenger, this can be a tricky situation, as the police may claim you had constructive possession of any drugs, open containers, or other evidence found in the vehicle.
Protecting Your Rights as a Passenger
If you find yourself in this scenario, it’s crucial to understand your rights and take the right steps to protect them:
- Remain Calm and Cooperative: While you should assert your rights, avoid confrontation or anything that could be interpreted as obstruction of justice.
- Clearly State You Did Not Know About or Consent to Any Illegal Items: Make it clear to the officers that you had no knowledge of or involvement with any contraband or illegal activity.
- Refuse Consent to Search: You have the right to refuse consent for the police to search your person or belongings. Clearly state, “Officer, I do not consent to any searches.”
- Invoke Your Right to Remain Silent: You have the right to remain silent. Politely state, “Officer, I’m exercising my right to remain silent. I won’t answer any questions without a lawyer present.”
- Contact a Lawyer Immediately: If you are charged with a drug or DUI offense as a passenger, seek legal representation right away. An experienced criminal defense attorney can protect your rights and fight the charges.
Even as a passenger, your rights are on the line during a traffic stop in New Jersey. By understanding the law and taking the right steps, you can help protect yourself from unwarranted charges.
If you’ve been arrested, don’t wait.
Contact Fetky & Petty Criminal Defense Lawyers now at (732) 545-7755 for experienced, compassionate guidance and a free consultation. We’re here to protect your rights and provide the assertive defense you deserve.