Police Can No Longer Ask 'Do You Know Why I Pulled You Over?' in California — Here's Why

Police officers in California can no longer ask, “Do you know why I pulled you over?”

That’s because of a new state law that came into effect on Jan. 1.

Assembly Bill 2773, passed in 2022 by the state government and sponsored by Assemblymember Chris Holden, D-41, now requires an officer making a traffic stop to “state the reason for the stop before asking any questions” — and the reason also needs to be officially documented in any reports that officer makes. The law also extends to pedestrian stops.

One exception is if an officer “reasonably believes that withholding the reason for the stop is necessary to protect life or property from imminent threat.”

Holden said his “goal” with this bill was “to promote equity and accountability in communities across California” and that the new law “brings transparency to service of protecting our public.”

But how do experts believe this law will play out in the coming year? And what should you know about your rights if you are pulled over while driving in California?

Keep reading for our guide.

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• Jump straight to: What to know about being pulled over in 2024

What is the background of the new law?

AB 2773 is intended to limit what are called “pretext stops” — when a police officer pulls a motorist over for a minor infraction, like a broken taillight — to be able to then search the vehicle for illegal items like drugs.

Black motorists across California are far more likely to be stopped by the police than their white counterparts, according to research by the nonprofit organization San Francisco Bay Area Planning and Urban Research Association (SPUR).

According to a 2022 report by the Racial and Identity Profiling Advisory, Black individuals made up almost 13% of traffic stops — despite only making up 5% of California’s population (PDF).

Oakland Privacy — an organization focused on citizen privacy and promoting oversight around surveillance techniques — wrote in support of this new bill, saying it “addresses a problem that has taken lives and ended in tragedy far too often.” (PDF)

“Nonemergency traffic stops for busted taillights or expired registration should, we can all agree, never end in death and violence, and yet they do,” wrote the organization. “Philando Castile was pulled over for a busted taillight in 2016. He did not survive.”

Over a thousand people have been shot and killed by the police in the past twelve months, according to January data from The Washington Post. The Post’s analysis using data from 2015 shows that Black people are shot and killed by police at more than twice the rate of White people. Hispanic Americans are also shot and killed at a disproportionate rate.

Oakland Privacy’s statement also noted that many people naturally become frightened when pulled over, especially if the officer is not explaining the reason for the stop.

“Despite all the ‘know your rights’ pamphlets (which by the most optimistic of estimates will reach only a fraction of the population), it is difficult to control these feelings, which can be interpreted by law enforcement officers as having ‘something to hide,’” said the organization.

These reactions are “going to be exacerbated,” said Oakland Privacy, when it comes to groups “that have difficult relationships with law enforcement due to racial profiling or previous encounters.”

“A simple explanation of the reason for the stop at the beginning can do a lot to prevent fear, panic and the urge to flee,” they said. “The role of law enforcement is to enforce the law, not to play cat and mouse games to try to provoke people into doing the wrong thing and causing the encounter to spiral out of control.”

Shanāe Buffington, president of the California Association Of Black Lawyers (CABL), said AB 2773 was a good idea — explaining that before the passage, officers could also give false reasons for pulling someone over.

“That will give the driver an understanding of why they’re being pulled over. I hear many stories from persons that are of diverse backgrounds being pulled over by police officers, and they have absolutely no reason,” she said. “They don’t know why they’re being pulled over.”

Buffington said she sees this being a particular issue for individuals who have recently completed parole or probation, who find that history makes them more of a target for traffic stops.

California also has some of the highest traffic penalties in the country, with some even exceeding $200 over a small speeding ticket.

What is the exception to the new law?

One of the exceptions to AB 2773 is when an officer “reasonably believes that withholding information for the reason of the stop is necessary to protect property or life right from imminent threat.” Only in this instance is a police officer exempted from giving a reason for a traffic stop under this new law.

“If you’re going to save another person from being harmed or killed possibly, I’m in agreement with that exception,” Buffington said, adding she was not sure if property should have been included.

However, the exception gives officers discretion to “pick and choose when they’re going to withhold certain information specifically about the reason for the stop,” Buffington said. That’s “going to open up the door to disproportionate impact on certain races,” she said.

“If [the officer] has some biases, he may be more likely to withhold some information if he stops a Black or brown person […] I think that opens up the door for racial profiling,” Buffington said.

What to know about being pulled over in 2024?

Buffington said that as of Jan. 1, if you’re pulled over by the police while driving, you can ask the officer why you are being pulled over — and then wait for an explanation.

What if an officer still does not give a reason?

In the case that an officer does not give a reason for the stop, Buffington said you should ask specifically to speak to an attorney — and not say anything further to the police officer.

“Especially if the motorist feels like it may be going in a situation that can possibly end up in that person being detained,” she said.

What if the officer wants to search my car?

As a motorist, you are protected against “unreasonable searches and seizures” under the Fourth Amendment, and an officer would need a warrant to search your car.

“Don’t consent to the search and seizure. Let the police officer go and get a warrant. Because at that point, there has to be probable cause,” Buffington said. By then, another set of eyes will be on your case — who will determine if there is enough cause to search your vehicle.

In this situation, a motorist should again ask for an attorney — but without providing any other potentially incriminating details, Buffington said.

“I think at that point, if the officer is going to arrest the motorist, then he will do that,” Buffington said. “But at least if there is a preliminary hearing, or there’s a trial later on down the line, the officer will not be able to use that incriminating statement in a proceeding.”

When ‘knowing your rights’ isn’t always enough

The Northern California ACLU has developed a guide specifically for Black and brown people in regards to their rights in police interactions.

Buffington said it helps for citizens to know about their rights and not “letting the police officer just tell them anything.” But she also said she knows about the fear and anxiety that comes with these interactions.

“It’s a police officer with the ability to alter your life in ways that are just unimaginable,” she said. “What would you do in that situation? You’re going to acquiesce, right? […] ‘I don’t want to resist or, I don’t want to be confrontational or combative because then things can really snowball out of control.’”

As for future lawmaking, Buffington said she supported more exposure of policing practices in general.

CABL is sponsoring AB 797, which would require cities and counties to establish independent civilian commissions to look into the use-of-force cases by the police. The bill is sponsored by Akilah Weber, D-79. “Giving the community the opportunity to be a part of policies and procedures that essentially affects us all,” Buffington said. “I think that’s important.”

Another California bill, SB 50 by Sen. Steven Bradford (D-Gardena), also seeks to outlaw pretext stops altogether — rather than just limiting them, as AB 2773 does. This bill would have banned police officers from stopping drivers for more minor infractions like an issue with a single brake light or headlight or the lack of a registration tag. SB 50, while approved by the state Senate in early 2023, later stalled in the Assembly — but will be taken up again this year.