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In this article, we explain passenger rights in a traffic stop in Illinois. The United States Supreme Court has ruled that passengers in a vehicle which has been stopped by police have been “seized” for purposes of asserting their fourth amendment rights against unreasonable searches and seizures. Therefore, passengers generally have the same rights as the driver when stopped by police for a traffic violation.
In this article we explain your rights if you are pulled over for a traffic stop in Illinois. We discuss when the police are permitted to pull you over, your right to remain silent in a traffic stop, your right to refuse consent to the search of your vehicle, what constitutes probable cause for the search of your vehicle, and what to do if detained or arrested during a traffic stop.