What to Do If You Are Stopped by the Police in Indiana?

Being stopped by police is one of the most common ways individuals enter the criminal justice system. Whether it’s a traffic stop, a stop-and-frisk encounter, or questioning related to a criminal investigation, the first moments of an encounter with law enforcement can shape the course of a future case. An experienced criminal defense attorney in Indiana understands how critical it is for people to know their rights before they ever speak to an officer. This guide explains, in plain language, what someone should do—and just as importantly, what they should not do—during any police stop.

Under both the Fourth Amendment and Indiana state law, a police officer must have at least reasonable suspicion to initiate a stop. Reasonable suspicion means the officer can point to specific facts suggesting that criminal activity “may be afoot.” It’s a low bar, but it’s not nothing. A broken taillight, weaving within a lane, matching a suspect description, or unusual late-night behavior may all be considered reasonable suspicion.

The legality of the stop matters because a criminal defense lawyer can later challenge an unlawful stop in court. If a judge determines the stop was improper, evidence gathered afterward—including statements, contraband, or test results—may be suppressed. But the time to fight the legality of the stop is later in court, not on the roadside.

If an officer activates emergency lights, the driver should:

1. Pull over promptly but safely.
2. Choose a well-lit area if possible.
3. Keep hands on the steering wheel or otherwise visible. 
4. Wait for the officer to approach.
    

These steps protect both the driver and the officer. Nervous or unpredictable behavior can escalate tension. A calm, slow, and predictable response creates a safer interaction for everyone involved.

Passengers should also keep their hands visible and avoid unnecessary movements.

Indiana law requires individuals to identify themselves when lawfully stopped. In a traffic stop, this means providing:

• Driver’s license
• Vehicle registration
• Proof of insurance
   

Beyond these items, a person is generally not required to answer questions. Officers often begin with seemingly harmless inquiries such as:

• “Do you know why I stopped you?”
• “Where are you coming from?”
• “Have you had anything to drink tonight?”
   

The purpose of these questions is to gather incriminating information. A seasoned criminal defense attorney routinely sees simple answers used against drivers later.

A polite, protective response might be:

“Officer, I prefer not to answer any questions.”

This is completely lawful, and officers are trained to expect such responses.

The right to remain silent applies to all encounters with law enforcement—not just formal arrests or interrogations. A person may always decline to answer questions beyond basic identification.

To invoke this right clearly, a person may say:

“I am choosing to remain silent. I would like to speak with a criminal defense lawyer.”

Miranda warnings are not required during a simple traffic stop. They apply only when a person is in custody and being interrogated. However, even without Miranda warnings, anything said voluntarily can still be used as evidence.

Remaining silent is often the most protective step a person can take.

Officers frequently ask:

• “Do you mind if I take a look in your vehicle?”
• “Can I look in your bag?”
• “Do you have anything you shouldn’t have?”
   

Consent makes a search legal—even if the officer had no probable cause beforehand. Most people mistakenly think they must agree.

A person may simply and respectfully say:

“I do not consent to any searches.”

That sentence preserves constitutional rights. Officers may still search if they develop probable cause (for example, the smell of marijuana or visible contraband), but lack of consent becomes a key issue for a criminal defense attorney later.

Many criminal charges result from resisting law enforcement—a crime in Indiana. Even verbal resistance or argumentative behavior can escalate the situation.

Best practices include:

• Remain respectful, even if the officer is not.
• Do not raise your voice.
• Do not touch the officer.
• Do not attempt to walk or drive away.
   

If the officer has made a mistake, the courtroom is the place to challenge it.

Under U.S. Supreme Court precedent, officers may legally order drivers and passengers out of a vehicle during a traffic stop.

Complying does not waive your rights.

If you are asked to step out:

• Do so calmly. 
• Close the door behind you only if the officer does not object.
• Continue to refrain from answering questions.
   

A criminal defense lawyer can later challenge improper police conduct, but refusing to exit the vehicle creates significant legal risk.

In Indiana, field sobriety tests (FSTs) are not mandatory. You have the right to refuse.

These tests are subjective and often performed under poor conditions (roadside, in the dark, in bad weather). The officer’s interpretation—not the driver’s actual performance—determines the outcome.

A person may politely decline by saying:

“I prefer not to perform any field sobriety tests.”

However, refusing a chemical breath test after arrest triggers Indiana’s implied consent law, which can result in a license suspension. Field sobriety tests and chemical tests are legally different.

This distinction is critical, and a criminal defense attorney can later challenge the validity of either type of test.

If the officer issues a citation or warning, the interaction is complete. However, the individual should:

• Write down everything that happened.
• Save any recordings.
• Note names, badge numbers, and patrol car identifiers if visible.
• Contact a criminal defense lawyer promptly if there are concerns.
   

Small details often become significant when evaluating whether a stop was lawful.

Anyone who experiences:

• A search
• A seizure of property
• A request for questioning
• Signs of potential criminal charges
• A traffic stop involving alleged intoxication
   

should speak with an Indiana criminal defense attorney immediately.

Early consultation allows a lawyer to:

• Preserve evidence
• Request bodycam footage
• Identify constitutional violations
• Advise the individual on upcoming steps 
• Prevent harmful mistakes in future police interactions
   

Knowledge is power, and legal guidance early in the process makes a measurable difference in outcomes.

If you or a loved one is facing criminal charges, the Kutsenok Law Office is here to help. We are located in Fort Wayne, Indiana and we service Allen County, Adams County, Huntington County, Wells County, DeKalb County, Whitley County, Noble County, Steuben County, and all other counties in Northeast Indiana. 📞 Call 260-443-1676 today to get started.