Tyreek Hill’s Traffic Stop Provides a Good Opportunity to Review Rights and Obligations

Tyreek Hill’s story is a good reminder that traffic stops can happen to anyone behind the wheel, regardless of fame or fortune.

We’ll review what Hill did right and wrong and what you should do if it ever happens to you.

The Events in Chronological Order

Speeding, no seat belt on

Let’s start with the obvious. We don’t know the exact speed, but the body camera footage shows that Hill was driving faster than all the other cars. Later, we can also see he didn’t have his seat belt on. Speeding and not wearing a seat belt are both traffic violations, so the police had a fair reason (known as probable cause) to pull him over.

Handing over his license and pulling the window back up

It’s common sense to hand over your license when pulled over, and that’s what Hill did. The problem is that he should have done exactly what the officer said. The officer had not yet asked for the license; instead, he inquired why Hill did not have his seat belt on and instructed him to keep the window down.

Hill did not have an obligation to answer the question about the seat belt; he could have just said he wanted to remain silent. However, he should have told the officer that he wanted to remain silent and kept the window down as the officer instructed. While you have the right to remain silent, you must still obey lawful police commands. This includes police requesting that you keep the window down, step out of the vehicle, or keep your hands where the officer can see them.

Getting him out of the car, forcing him onto the ground, then again with one knee on his back

The last part leads to the most controversial aspect: the police’s response. Let’s break it down step by step.

Asking Hill to get out of the vehicle could be justified. Hill’s window was tinted, which likely prevented the officer from seeing what he was doing. He could have thought he was getting a weapon. That’s why it’s not only advised to do what officers say but also to let them know where you are grabbing items from. For example, “I will grab my license from my purse and my registration from my glove compartment.”

However, the allegations of excessive use of force gain strength because he was aggressively dragged out of his car, and one officer put a knee on his back later.

While Hill did not follow instructions, when one officer forced him down and put a knee on Hill’s back, the football player was already out of the car and handcuffed. He did not represent a threat at this point.

Police use of force must stop when the need for the force ceases. The Supreme Court recognized in the case Graham v. Connor that an investigatory stop carries some degree of physical coercion but that coercion must be proportional to the threat. And Hill was already restrained.

Moreover, Hill repeatedly told them he had just had surgery on his knee. The officers’ response here wasn’t appropriate either: they asked if he also had surgery on his ears since he didn’t follow instructions.

Excessive force is a constitutional violation. The Fourth Amendment prohibits unreasonable seizures, including the manner in which they are executed. Hill now may file a civil rights lawsuit and a complaint with the U.S. Department of Justice, which may investigate his case.

The Ending ... For Now

An investigation is ongoing, and it is not clear how the matter will be resolved. The police officer was placed on administrative leave and Hill demanded that the officer be fired. The Miami Dolphins' star did admit that his behavior during the situation could have been better, although he argued it did not justify the police response.

The player also mentioned how “crazy” it was that officers would do that with bodycams on, that the officer should have written him a ticket without “being disrespectful,” and that he didn’t want to bring race into it.

To decide whether excessive force was used, it will have to be determined if the actions were objectively reasonable under the circumstances. This is done using the perspective a reasonable officer would have used in that situation and knowing as much as the officers involved did.

The Right Steps During a Police Stop

Below are a few tips if you find yourself being pulled over. Remember that state laws differ, so if you believe your rights were violated, it's best to speak to a criminal defense or civil rights lawyer who knows local laws.

• When you see the flashing lights: Pull over quickly and safely. Pull as far to the right as possible for your safety and the officer's.
• Before they approach you: Turn off the engine and roll down your window.
• When approached by the officer: Do as they say to the greatest extent possible. If you are prohibited from doing an action because of an injury, clearly and calmly try to explain. Either have your license and registration ready before the officer approaches or hold off and search for your license and registration when they ask for them. It’s also advisable to let them know where these things are. You want to ensure there are no misunderstandings and they don’t think you are reaching out for a gun. Only get out of the car if they instruct you to do so.
• When asked questions: Politely decline to answer. You do not have to admit guilt or talk about why you were pulled over. Silence is not an admission of guilt and it’s their job to prove you guilty. Telling them that you know why they stopped you, that you were going at a certain speed, or that you are sorry could incriminate you.
• You (mostly) don’t need to let them search your car: State laws differ, and there are some notable exceptions, but know that police are generally not allowed to search your vehicle without your consent or probable cause. This means they must have a reasonable suspicion there are illegal items in your car. However, if they insist or violate your rights during a traffic stop, the time to argue is in court. Try to keep calm, even if it's a difficult circumstance or the police are acting unreasonably.

Remember to perform all of these steps respectfully. Politeness can go a long way and may even result in just a warning instead of a citation.

When Should I Call a Lawyer?

Traffic tickets are minor offenses. However, calling a traffic ticket lawyer to help with the case could be helpful if:

• You have multiple tickets that could lead to a license suspension
• You are a commercial driver
• The offense is serious
• You believe you did not commit an offense and the officer is wrong

If you injured someone or it’s a DUI case, then calling an attorney is a must. A DUI, causing injuries due to criminal negligence, or resisting arrest is criminal law territory, not traffic law.

Understanding rights and procedures during a traffic stop is crucial, not just for legal compliance but for personal safety and accountability on both sides (the driver and law enforcement).

The last and most basic piece of advice is: do not give an officer a reason to stop you in the first place. But if that ever happens, make sure to remember all of these steps. The sirens of a police car behind you are an extremely effective anxiety trigger that can cause even the most mindful person to make wrong choices.

Related Resources

• Traffic Stops 101, with Turnsignl CEO Jazz Hampton (FindLaw's YouTube page)
• What To Do During Traffic Stops (FindLaw's Learn About the Law)
• DUI Traffic Stop FAQ (FindLaw's YouTube page)