South Carolina Self-Defense Laws: When Does It Apply?

Police in the United States conduct over 50,000 traffic stops per day. Unfortunately, the police don’t always respect the rights of citizens during these encounters. It’s important to know your legal rights during a traffic stop in South Carolina. Our experienced Columbia criminal defense lawyers at Shealey Law Firm explain.

Understanding Your Legal Rights During a Traffic Stop

At a traffic stop, you have the legal right to:

  • Remain silent
  • Refuse search of your vehicle, without a warrant or another exception applying
  • Freedom from excessive use of force
  • Refuse to hand over your phone
  • Ask if you are free to leave
  • Hear your Miranda rights, if you are being arrested
  • The stop being a reasonable period, based on the circumstances

What to Do When Pulled Over by Law Enforcement

Know your rights during a traffic stop.

When you’re pulled over by law enforcement:

  • Stop as soon as you safely can.
  • Stay inside your vehicle unless asked to get out.
  • Give law enforcement your driver’s license, vehicle registration, and insurance information.
  • Keep your hands where the officer can see them. If you need to reach for your paperwork, tell the officer what you are doing.
  • Tell the officer if you have concealed carry.

Can You Refuse to Answer Questions During a Traffic Stop?

Yes, you can refuse to answer questions during a traffic stop. In fact, even if there is nothing wrong with your answers, the police may say that the tone of your voice indicated that you were being evasive or under the influence of alcohol. If the police ask you where you came from or what you’ve had to drink, you can refuse to answer. You can just say something like, “No thanks, no questions today.”

Do You Have to Consent to a Vehicle Search?

Your rights during a traffic stop include the right to refuse a consent search of your vehicle. The officer may say something like, “Can I look in your car?”  You should say no. Respond with, “No. I do not consent.” If the law enforcement officer pushes the issue, or tells you that they’re going to search anyway, clearly say, “I do not consent, but I will not resist.”

Generally, the police may not search a motor vehicle without a warrant, however, there are some exceptions. The police may say that there is evidence in plain view, or that they smell marijuana coming from the vehicle. They may search if they have probable cause that there is evidence of a crime, or as a part of inventory during vehicle impoundment.

These searches often lead to factual disputes about probable cause or whether consent was given. Preserve your rights during the stop by politely refusing a consent vehicle search.

Do you have to let the police search your phone during a traffic stop in South Carolina?

No. Don’t hand over your phone. The police need a warrant to search your phone, unless there is an emergency or immediate threat. It’s unlikely that there would be an emergency or immediate threat at a routine traffic stop.

The police need a warrant to access your cell site location information. Carpenter v. United States.

Can the police order you out of your vehicle during a routine traffic stop?

Yes. The police can require a driver to get out of their vehicle during a routine traffic stop. The courts say that officer safety outweighs the minimum intrusion. Pennsylvania v. Mimms.

The Importance of Staying Calm and Cooperative

Always stay calm during a traffic stop. Be cooperative – but know that that doesn’t necessarily mean consent. The police are looking for anything they can use against you, so always interact with the officer calmly.

What Happens If You’re Asked to Take a Breathalyzer Test?

If you’re asked to take a breathalyzer test, you should take the test. Here’s what you should know:

  • The police may only ask you to take a breathalyzer test if they have reasonable grounds to believe that you are drunk driving; this means observable behaviors like bad driving or signs of intoxication.
  • South Carolina has an implied consent law. By driving on the roads, it’s assumed that you consent to an alcohol test.
  • Refusing to take the breath test may result in suspension of your driver’s license, even if you are not criminally charged or convicted.
  • In South Carolina, the breathalyzer test is called a DataMaster.
  • Generally, South Carolina law enforcement officers don’t use roadside preliminary breath tests. While common in other states, the only test you should receive in SC is the DataMaster test at a police station or testing location.
  • If the breath test is administered without legal grounds, your attorney can help you move to suppress the evidence.
  • It’s always best to take the DataMaster test and seek assistance from an attorney as soon as possible.

Talk to a Columbia Criminal Defense Lawyer

If you believe your rights were violated during a traffic stop in Columbia, contact a lawyer.

Shealey Law Firm is an experienced and aggressive law firm, representing individuals in matters involving law enforcement.

We can assist you with your criminal case or with a civil legal action to enforce your rights.

Call or message us now to talk to a lawyer and get started.

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