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Traffic stops are among the most common interactions between citizens and law enforcement in Mississippi. Such encounters can be confusing and even result in arrest. At Coxwell & Associates, PLLC, we believe an informed citizen is an empowered citizen. This guide explains your rights, police powers, & best practices during Mississippi traffic stops.
When Can Police Pull You Over?
In Mississippi, law enforcement officers need "reasonable suspicion" to initiate a traffic stop. This means they must have a legally justifiable reason to believe you've violated a law.
Common legitimate reasons include:
- Observed traffic violations (speeding, running stop signs, broken taillights)
- Matching the description of a vehicle involved in a reported crime
- Driving patterns suggesting impairment (weaving, erratic speed changes)
- Equipment violations (expired tags, broken lights)
- touching the center line with your wheels or going far to the right
PRACTICE TIP: The reasons a law enforcement officer can initiate a traffic stop are limitless! Our best, and most practical advice, even if it goes against your personality, or if you’re in a bad mood, is to be polite. Whether you agree with the officer or not, you will not benefit yourself by “copping an attitude.” This advice does not mean you have to agree with the officer, but you should be very circumspect in your tone and language. You may not know this, but you can be arrested for a traffic ticket. The officer does not have to write a ticket. He has the authority to make an arrest. If you doubt me, email and I will send you the case!
What police cannot legally do is pull you over based solely on:
- Your race, ethnicity, or perceived national origin
- Driving in a "high crime" area without other suspicious factors
- Anonymous tips without corroborating observations
- "Hunches" without specific, articulable facts
Recent Mississippi court cases have reinforced that pretextual stops (using minor violations as an excuse to investigate other suspected criminal activity) are technically legal, but they cannot be motivated by discriminatory intent. When we state pretextual stops are legal, we mean absolutely that. If the officer provides any valid reason for the stop, then it is not going to be held unconstitutional.
Documents You Must Provide
You can prevent avoidable arrest by knowing your rights and knowing what documents you are required to provide to law enforcement upon a traffic stop. At Coxwell & Associates, we have at least 3 calls a week from individuals who failed to provide documentation to law enforcement at a traffic stop and ended up arrested.
*Remember, the roadside court does not exist. If you argue on the street, you are likely going to jail with additional charges. We are not telling you it is right but are telling you what is going to happen. Save your complaints for the Attorneys, Courtroom, and Judge.
Mississippi law requires you to provide:
1. Valid driver's license;
2. Proof of insurance;
3. Vehicle registration
You are legally obligated to provide these documents when requested during a traffic stop. Failure to do so can result in additional citations or arrest, as mentioned. You are also required to exit the car upon the request of the officer.
You are NOT required to answer questions about:
- Where you are coming from or going.
- Whether you have been drinking.
(Tip: refusing field sobriety tests can have consequences)
- What is in your vehicle? You do not have to consent to a search of your vehicle.
PRACTICE TIP: If you can turn your phone on and let it record your conversation with the police officer that can be helpful. I would recommend doing this in an unobtrusive manner and making sure it is locked while recording. We had a case not long ago where the client was mistreated by the officer. He recorded it but did not close his phone. The next day after he bonded out and obtained his phone from the jail, the video he recorded was deleted.
Searches During Traffic Stops
The Fourth Amendment protects against unreasonable searches and seizures, but there are many important exceptions you should understand:
When Police CANSearch Without a Warrant:
1. Consent: Search if you voluntarily agree. You have the right to refuse!
2. Probable Cause: Search relevant areas of the vehicle if officers have probable cause to believe the vehicle contains criminal evidence (drug odor is a common claim)
3. Plain View: Objects clearly visible from the outside can be seized.
4. Search Incident Arrest: Search areas within your immediate reach after your arrest.
5. Inventory Searches: If your vehicle is impounded, police can catalog its contents.
When Police Should Search Without a Warrant:
1. Based solely on a traffic violation
2. Your entire vehicle based on suspicion limited to a specific area
3. Based on your refusal to consent (refusal alone cannot constitute probable cause)
4. Based on nervousness or avoiding eye contact.
PRACTICE TIP: There is not much a citizen can do if the officer decides to search your car. The best thing you can do is try to unobtrusively record it and politely say no. Experience has taught me that if the officer wants to search, they are going to come up with a reason to search. Later, the attorney can determine if a Fourth Amendment violation occurred.
Mississippi Supreme Court Ruling – In 2021, the Mississippi Supreme Court had the opportunity to rule the smell of what appears to be marijuana does not support probable cause to search a vehicle. The Court was confronted with this issue now that hemp is legal. Many other States have ruled the smell of what appears to be marijuana does not provide an officer probable cause to search your car.
PRACTICE TIP: Currently in Mississippi if an officer smells marijuana, he has the lawful authority to search your car. So, if you smoke marijuana in your car, you will have problems. First, the officer can search your car under our current law. Secondly, the officer will likely arrest you for DUI-driving under the influence of an illegal substance. Just because you have a medical marijuana card you are not permitted to operate a car under the influence. Nor are you permitted to operate a car while taking prescription drugs or some over-the-counter drugs that might affect your ability to safely operate a car. Each of the circumstances we have described comes from arrests, convictions, and appeals to higher courts. The citizen/driver lost the cases.
Questions and Interrogation
During a Mississippi traffic stop, you have the right to remain silent beyond providing the required documents. Remember, anything you say can (and will) be used against you in court. We all have the right to remain silent; but what about the ability? Start exercising your right – it could help you in the future.
The ability to exercise your right to remain silent is key. You can politely decline to answer questions by saying: “I am choosing to exercise my right to remain silent.” No need to act obnoxious, as this could lead to an undesirable outcome.
Common Misconceptions:
- You do not have the right to have an attorney present during roadside questioning.
- Officers are allowed to ask passengers for identification in Mississippi, though passengers generally maintain their right to silence if they wish.
Recording Traffic Stops
Mississippi law does not prohibit recording police interactions during traffic stops provided you:
- Do not interfere with police duties
- Remain in your vehicle unless instructed otherwise
- Inform officers you are recording (as a courtesy, though not legally required)
PRACTICE TIP: The Mississippi Department of Public Safety acknowledged citizens' right to record interactions with police, though they request that recordings do not obstruct officers' duties or create safety hazards. We have often thought it might be a good idea to carry this statement from MDPS in the car.
Field Sobriety and Chemical Tests
Mississippi operates under "implied consent" laws. By driving on Mississippi roads, you implicitly agree to chemical testing if lawfully arrested for DUI.
Refusing can result in:
- Automatic license suspension (90 days for first offense)
- The refusal being used as evidence of guilt in court
- Enhanced penalties if convicted
However, field sobriety tests (walking in a straight line, standing on one leg) are generally voluntary, and you can decline them without automatic penalties. Be aware that refusing may lead officers to rely more heavily on other observations to establish probable cause for arrest.
When Traffic Stops Escalate
If a traffic stop escalates to an arrest:
1. Clearly state: "I am exercising my right to remain silent"
2. Request an attorney immediately
3. Do not resist physically, even if you believe the arrest is unlawful
4. Make notes of officer badge numbers, patrol car numbers, and details of the interaction
Mississippi law requires officers to inform you of your Miranda rights only before custodial interrogation, not necessarily the moment of arrest.
Best Practices During Traffic Stops
To ensure safety and protect your rights:
1. Pull over in a safe, well-lit area when possible
2. Keep hands visible, preferably on the steering wheel
3. Inform officers before reaching for documents
4. Be polite but firm about exercising your rights
5. Do not physically resist, even if you believe police actions are illegal
6. File complaints or seek legal counsel afterward for rights violations
When Your Rights Have Been Violated
If you believe your rights were violated during a Mississippi traffic stop, consider these steps:
1. Document everything as soon as possible (officer names, badge numbers, patrol car number, time, location, witnesses)
2. If you received a citation or were arrested, consult with an attorney before the court date
4. Contact Mississippi Bureau of Investigation for serious misconduct allegations
5. Consult with Coxwell & Associates about possible legal action
PRACTICE TIP: Very few cases grow to the level of a clear constitutional violation. We usually only accept civil rights cases if there is a serious injury involved which resulted from excessive force. Our experience has shown us Courts give the greatest amount of deference to the opinions, judgments, and statements of officers. We do represent hundreds of people every year. Good people who make a bad decision, are in the wrong place at the wrong time, or who are need intelligent, experienced, and respected criminal defense attorney.
How Our Firm Can Help
At Coxwell & Associates, PLLC, we understand that navigating traffic stops, Fourth Amendment search and seizure law, and potential civil rights violations can be challenging.
Our experienced team can:
- Challenge evidence obtained through illegal searches or seizures
- Represent you in criminal proceedings stemming from traffic stops
- Advocate for policy changes to protect citizens' rights
If you experienced a problematic traffic stop or believe your rights were violated by law enforcement, contact our office for a confidential consultation. We are committed to protecting the constitutional rights of all Mississippians. Contact Coxwell & Associates immediately so we can preserve your records and protect your rights and interests. You can submit an online form, call our office, or email Courtney Sanders (courtneys@coxwelllaw.com)
TIP: Knowing and asserting your Constitutional rights, respectfully, is not anti-police. It is pro-Constitution.