New restrictions on the use of handheld devices while driving in Maine go into effect Thursday. We can expect police stops to increase. Here’s what you need to know: 1/
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First, police do have the right to pull you over for using your phone while driving. Even if you were using it while stopped at a traffic light or stop sign. 2/
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If you are pulled over, both the driver & passengers have the right to remain silent or say you'll only answer questions with an attorney present. If asked about your immigration status, you may decline to answer. 3/
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A limited exception exists for some people lawfully present in the U.S. who are required to provide information about their immigration status. If you're unsure whether you fall into this category, consult an attorney. 4/
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If the officer asks to look inside your car, you can refuse consent to a search. BUT, if police have reason to believe your car contains evidence of a crime, they may proceed to search it without your consent. 5/
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If the officer asks to see your phone, clearly ask if you have to and state that you do not consent to a search of your phone. For your safety, you may record yourself refusing consent, but comply with the officer's request. 6/
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REMEMBER: Officers need a warrant to search the contents of your phone. 7/
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Ways to reduce risk to yourself include:
Stop the car in a safe place as quickly as possible. 8/Show this thread -
Turn off the car, turn on the internal light, open the window part way, and place your hands on the wheel. If you’re in the passenger seat, put your hands on the dashboard. 9/Show this thread -
Upon request, show police your driver’s license, registration, and proof of insurance. 10/Show this thread -
Avoid making sudden movements, and keep your hands where the officer can see them. 11/Show this thread -
We want to be clear: the burden of de-escalation is on the police officer, not you. But staying calm and knowing your rights may help you stay safe.
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