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What Should You Do If You Feel Your Civil Rights Have Been Violated During a Traffic Stop?

Robert Stahle • July 9, 2021
A man wearing a watch is driving a car at night.

Traffic stops are one of the most common ways that police come into contact with the public. There are dozens of reasons why police may wish to pull you over, and being stopped by police is nearly always a stressful experience that can quickly go bad. Unfortunately, you cannot assume that police officers will behave in a way that respects your civil rights, so it is important to have an understanding of what police can and cannot do during a traffic stop.

If you feel like your civil rights have been violated during a traffic stop, contact our drunk driving lawyer and defense lawyer immediately. We are here to advocate for your civil rights in court.

What the Police Can and Cannot Do During a Traffic Stop

So you have been pulled over by the police while behind the wheel. What rights do they have? What can’t they do? First, we’ll talk about what rights the police have during a traffic stop.


  • Reasonable suspicion: If the officer pulls you over, they must have a reason for doing so. It is a violation of your Constitutional rights if they perform a stop without having a suspicion that you are committing a crime.
  • Ask for information: If you are pulled over for a traffic stop, you must provide the police officer with your driver’s license, proof of insurance, and registration if the officer requests it.
  • Probable cause: It’s important to understand the concept of probable cause. If a police officer wishes to search your vehicle, they must have observed something that has led them to reasonably believe that a crime has been committed. This can include the smell of marijuana or alcohol, seeing drugs through the window, or an admission of guilt by somebody in the car.

Here are some Constitutional rights that drivers have during a traffic stop.


  • Right to remain silent: While you are required to give up your driver’s license, vehicle registration, and proof of insurance, you do not have to answer any other questions that the police officer asks.
  • Right to refuse a search: If the police officer asks to search your vehicle but they do not have a warrant, you have the right to refuse this search, unless they can see something illegal in plain view.

Our Siouxland Attorney Helps Protect Your Civil Rights

If you think your civil rights were violated during a traffic stop, contact our drug crime attorney. You should also write down everything you remember, including the officers’ badges and patrol car numbers, which agency the officers are from, and any other details. If there were any witnesses, get their contact information. If you are injured, seek medical attention and take photographs of your injuries.

It can be overwhelming and stressful to take on an agency as large as the police on your own. They will do everything to protect their own, even if they have broken the law. Our Siouxland defense attorney has experience defending regular citizens against police misconduct. Contact us at (402) 494-3012 today.

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What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.