united-states search-and-seizure
During a traffic stop, does silence serve as probable cause for arrest and search?
<p>Jurisdiction: Anywhere United States</p>

<p>Valid driver license is provided during the stop, along with insurance and registration as required by the traffic code. </p>

<p>Fifth Amendment provides a right against self incrimination. The law legally obligates a person to poses a driver license to operate a vehicle. Other than presenting a valid driver license, is a person required to answer any questions asked by a police officer?</p>

<p>Example:</p>

<p>I am driving in Dallas, Texas. I exceed speed limit by five miles. A police officer pulls me over for speeding. He approaches the window and asks for my ID. I provide a valid driver licence.</p>

<p>The Officer Asks me:
Where are you coming from?
Where are you going to?
Have you had something to drink?
Etc...</p>

<p>I respond:
I am only required to provide you with a valid driver license. I do not have to answer any of your questions.</p>

<p>I remain silent. </p>

<p>I have broken no law. Right?</p>

<p>Further, if police officer calls for back up, and searches my vehicle over my vociferous objections, I would have a valid §1983 Complaint for "unlawful search and seizure."</p>

<p>Is my understanding correct?</p>

<p><strong>Silence is not cause.</strong>
However, this may not prevent a search. The officer does not need to tell you that he has probable cause, he must simply have it in order to conduct a search. If he obtained the probable cause before he pulled you over (this is likely), then he will order you out of the car and search over your vociferous (and silent?) objections.</p>
<p>If the officer does not have probable cause, searches anyway, and can't come up with a convincing one in time for the court date, then yes you have a claim. But remember, just because the officer didn't inform you of the cause doesn't mean it didn't exist.</p>
<p>Always consult an attorney before any legal action.</p>
