Every DFW driver needs to know this. A traffic stop is a legal interaction governed by specific rules.
What you MUST do:
- Provide driver's license, registration, and proof of insurance when asked (Texas Transportation Code 521.025, 601.053)
- Follow lawful orders (exit the vehicle if asked)
- Keep your hands visible
What you DON'T have to do:
- Consent to a search. "I do not consent to a search." Say it clearly and calmly. Under the 4th Amendment, an officer needs probable cause or your consent to search your vehicle.
- Answer questions beyond identification. The 5th Amendment protects your right to silence. "I'm exercising my right to remain silent" is a complete sentence.
- Take a field sobriety test. In Texas, field sobriety tests (walk the line, follow the pen) are VOLUNTARY. You can decline. However, refusing a breathalyzer triggers implied consent consequences (license suspension under Texas Transportation Code 724.035).
What cops CAN do:
- Order you out of the car (Pennsylvania v. Mimms, 1977 — applies nationally)
- Run your license/plates
- Detain you for a reasonable period to complete the stop
- Search if they have probable cause (smell of marijuana, visible contraband, etc.)
What cops CAN'T do:
- Extend the stop beyond its original purpose without reasonable suspicion (Rodriguez v. United States, 2015)
- Search your phone without a warrant (Riley v. California, 2014)
- Use excessive force during a routine stop
Practical tips:
- Record the interaction. Texas is a one-party consent state (Penal Code 16.02). You can record.
- Interior lights on at night. Hands on the steering wheel.
- Be polite. Assert your rights calmly. Arguing roadside never helps.
- If your rights are violated, comply in the moment and fight it in court later. The roadside is not a courtroom.
Sources:
- U.S. Constitution — 4th Amendment, 5th Amendment
- Texas Transportation Code 521.025, 601.053, 724.035
- Texas Penal Code 16.02 (recording law)
- Rodriguez v. United States, 575 U.S. 348 (2015)
- Riley v. California, 573 U.S. 373 (2014)
- Pennsylvania v. Mimms, 434 U.S. 106 (1977)
Know the law. Stay calm. Exercise your rights politely.
The Rodriguez case is crucial. If a cop is done writing your ticket and then says "mind if I walk my dog around the car?" — that's an extension of the stop. You can say no.