Every Californian who’s ever pulled over by a police officer has likely been asked, “Do you know why I stopped you?” It can feel like a trick question to get you to confess to speeding, weaving or almost hitting another vehicle.
For some people, for a variety of reasons, it can be terrifying. That can lead to serious consequences for drivers and officers. As a group called Oakland Privacy puts it, “A simple explanation of the reason for the stop at the beginning can do a lot to prevent fear, panic and the urge to flee.”
As of the start of this year, officers generally must provide that explanation. A new law took effect on Jan. 1 that requires officers to tell a driver or a pedestrian the reason they stopped them before they can ask them any questions. There’s an exception if an officer “reasonably believes that withholding the reason for the stop is necessary to protect life or property from imminent threat.” Officers must include that reason (and not change it) in any report they file regarding the stop.
Why civil rights groups advocated for the change
A number of civil rights groups had been advocating for this law in an effort to minimize “pretext stops.” These are stops where an officer pulls someone over for a minor violation like expired license plate tags when they actually suspect them of something more serious. The stops give officers an opportunity to get a look inside the vehicle and potentially to search it.
Too often, the suspicions that lead to these stops are based on someone’s race or ethnicity and perhaps the fact that they’re driving an expensive car and/or look like they don’t “belong” in the area they’re in. Statistics show that Black and Hispanic drivers are more likely to be stopped by police than white people.
What if an officer doesn’t follow this law?
If you’re stopped by an officer, you have a right to be told why. If the officer doesn’t initially tell you, then ask them politely and calmly why they stopped you. Remember that short of providing valid identification, you aren’t required to answer questions without legal representation.
Of course, each situation is different. Sometimes, the most important thing in the moment is staying safe and not giving an officer reason to fear for their safety. It’s crucial, however, to remember your basic constitutional rights – including your right to get legal guidance as soon as possible.
