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Families of color have long had “the talk” with their kids about what to do when stopped by police. After the Windsor incident, other households might be having the same conversation.
Windsor police say they weren’t racial profiling when they pulled Army Lt. Caron Nazario over on U.S. Route 460 in December, but the officers — seen on body camera video that’s since gone viral — obviously were on edge, emerging from their squad cars with guns drawn.
No one disputes that Nazario put on his blinker and drove slowly for less than a mile before pulling into the parking lot of a gas station.
So why were police worked up from the start?
Clearly, traffic stops can go wrong even if it seems like we’re doing things right.
What should you do when the blue lights come on?
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Q: Do I have to pull over immediately?
A: Virginia law doesn’t put a timer on when you pull over or say exactly how far you can drive before doing so. Law enforcement and legal experts say you’re expected to pull over as quickly as you can find a “safe” spot. But what’s “safe” can be open to interpretation.
Q: In the meantime, how do I let an officer know I intend to comply?
A: Windsor Police Chief Rodney “Dan” Riddle and many others in law enforcement advise turning on your hazard lights to indicate you’re planning to pull over. But that doesn’t jibe with Virginia’s official driving manual, which says flashers should be activated after you pull over and park.
Still, Rosemarie Worley, owner of O’Neill’s Driving School in Yorktown, says she always tells students to use flashers as a sign that “acknowledges that you’ve seen them and you know they want you to stop but you’re looking for a safe spot.”
You can also dial 911 (hands-free, if possible ) and ask for the message to be relayed to the officer behind you. Officers radio dispatch when they’re about to conduct traffic stops. Tell the dispatcher where you are and what kind of vehicle you’re driving. It helps if you can also say which agency the car that’s following you is from — although that can be hard to determine when lights are flashing in your rear view at night.
Q: How can I be sure the officer trying to stop me is legit?
A: It’s rare, but incidents involving fake cops have occurred across the country. In Suffolk in the late 1990s, a man with a criminal record was impersonating police, using blue lights to pull over motorists, including a teenage girl.
Again, tap 911 if you have doubts. Ask dispatch to confirm that the car behind you is the real deal. You can also request that a second officer be sent if you’re uncomfortable being alone with just one.
Q: Where should I pull over?
A: The first place that feels reasonably safe for you and the officer. Dana Schrad, executive director of the Virginia Association for Chiefs of Police, says road shoulders put officers in danger of being struck by passing vehicles. Dark areas can make drivers nervous. The experts say it’s okay to wait for a wider, well-lit spot, but try to find one on the right. Nazario chose a gas station on the left.
“That looks a little evasive when you cross traffic lanes to pull over,” Schrad said.
Putting your hand out the window and pointing to where you’re heading can help ease tensions.
Q: Do officers have to tell me why I’ve been stopped?
A: Nazario kept asking for the reason, finally getting this answer: “For a traffic violation.”
Schrad says that while the law does not require officers to do so, her organization recommends that in most instances they should introduce themselves and then tell drivers specifically why they’ve been pulled over — steps she refers to as “best practice.”
At a news conference, Riddle explained that Nazario was stopped because officers didn’t see a license plate on his SUV and the tint on his windows appeared darker than the law allows.
Nazario did have a tag — a temporary paper one mounted inside his back window — but if it wasn’t visible, officers had a valid reason to stop him.
About the tint: That alone is no longer a valid reason to pull someone over in Virginia. A new law that went into effect in March (three months after the Windsor incident) took tinted windows off the list of violations considered serious enough to initiate a traffic stop.
Motorists also can no longer be stopped for non-working brake or tail lights, loud exhaust systems, inspection stickers that are less than four months past expiration or objects dangling from rear-view mirrors, as well as other minor infractions.
The family of a Black man killed in early April during a Minnesota traffic stop says he was pulled over because of air fresheners that hung from his mirror. Police say he was stopped for an expired registration. When they realized he had an outstanding warrant, they tried to arrest him. A scuffle ensued and he was shot, with police saying it was an accident and that the officer mistook her service weapon for a Taser.
Q: What should I do after I stop?
A: The American Civil Liberties Union suggests you turn off your car, turn on the overhead light if it’s dark out, open the window part way, then place your hands on the steering wheel. Traffic stops are inherently risky for police, who could be confronting a dangerous person or desperate criminal. Avoid sudden movements and don’t reach for your license or registration until asked. Passengers should put their hands on the dash or some other place they can be seen.
In the Windsor case, police kept yelling for Nazario to put his hands out the window while also telling him to open his door and get out of the car — tough to do, especially because he was still wearing his seat belt.
In public, Riddle hasn’t addressed the conflicting orders, but did say “I’m going to tell you, we are watching your hands. Your hands are what hurts us.”
Q: Do I have to step out of my vehicle if I’m told to?
A: Nazario refused to get out of his car, eventually saying he was afraid to do so. But the U.S. Supreme Court has repeatedly ruled drivers, and passengers, can be ordered out of a vehicle during a traffic stop. An officer also can order you to return to the vehicle. Those who refuse can be arrested.
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Q: What should I do if I think my rights are being violated?
A: The ACLU recommends noting the officer’s name and badge number— you have a right to inspect their identification — patrol car numbers, the agency they work for and any other details. If there are witnesses, get contact information from them. Schrad said it’s fine to video the encounter as long as it doesn’t interfere with the officer’s job. Nazario had his phone set up to tape from inside his car.
You also have the right to ask that a supervisor be contacted or sent out, Schrad said, but that delays the traffic stop and, with some small departments, a supervisor might not be available.
Q: What should I do if I’m detained or arrested?
A: Do not physically resist. The charges for that — not to mention potential injuries — can make things worse. The ACLU advises that you declare your wish to remain silent and ask for a lawyer immediately. You have the right to a government-appointed attorney if you can’t afford one. The organization also suggests not providing any explanations or excuses, and not making any decisions without a lawyer.
Jane Harper, 757-222-5097, jane.harper@pilotonline.com
Joanne Kimberlin, 757-446-2338, joanne.kimberlin@pilotonline.com