Know Your Rights as a Passenger: When You’re Not the One Driving

When You’re Just Along for the Ride—but Still Get Charged

Most people understand their rights when they’re behind the wheel. But what happens when you’re just a passenger—yet find yourself being questioned, searched, or even arrested?

This situation is more common than you might think. A traffic stop escalates. The driver has contraband in the vehicle. An officer asks you questions. The next thing you know, you’re in cuffs—even if you had nothing to do with what was found or why the vehicle was stopped.

At Low Law Firm, Tara Gilmore-Low defends passengers who get swept up in traffic stop investigations. Because whether you’re behind the wheel or not, you still have constitutional rights—and when they’re violated, you deserve a strong legal defense.

Your Rights as a Passenger in Texas

Whether you’re riding with a friend, coworker, or rideshare driver, passengers have legal protections under both state and federal law. But asserting those rights can be difficult in the moment—especially if you’re unsure where the boundaries are.

Here’s what passengers should know:

• You have the right to remain silent. You’re not legally obligated to answer questions about where you’re going, what you’re carrying, or who owns the car.
• You can refuse a search of your body or personal items. An officer can’t search your backpack, purse, or pockets without probable cause, consent, or a warrant—even if they’re allowed to search the vehicle.
• You may be asked to exit the vehicle. The U.S. Supreme Court ruled that officers may legally order passengers out of a lawfully stopped car. But you still retain your rights once you’re outside.
• You don’t have to consent to a vehicle search. Only the vehicle owner or driver can give consent for a vehicle search. Your presence does not grant permission.

Common Passenger Charges After a Traffic Stop

While not driving, you can still be charged under certain circumstances. Some of the most common passenger-related charges include:

• Possession of a Controlled Substance – If drugs are found in the vehicle, and no one claims ownership, all occupants can be charged.
• Possession of Drug Paraphernalia – Items like scales, baggies, or pipes can result in charges—even without actual drugs—if found near your belongings.
• Unlawful Carrying of a Weapon – If a firearm is found and its ownership is unclear, any passenger could be questioned or charged.
• Interference with Public Duties – Arises if you argue with an officer, record the encounter (under certain conditions), or physically obstruct the investigation—even unintentionally.

Why Officers May Charge Everyone in the Car

When illegal items are found and no one claims them, officers may charge everyone under a concept known as “constructive possession”—meaning multiple people had access to or control over the item.

The burden then falls on the accused to prove they had no knowledge or control of the contraband.

Tara Gilmore-Low can work to:

• Discredit assumptions about knowledge or possession
• Challenge the legality of the stop and search
• File Motions in Limine to prevent irrelevant or prejudicial evidence
• Separate your case from the driver’s in court

Why You Need Legal Representation as a Passenger

Passengers often assume they can just explain their way out of a situation. But anything you say may still be used against you, and your case may be influenced by how the driver’s case is handled.

Tara Gilmore-Low understands how prosecutors build cases on association, not just action. She’ll look at:

• Whether there was a lawful basis to search you at all
• Whether officers relied on guilt by proximity
• How evidence was collected and whether your rights were violated

Passenger Arrests Are Real—and Defensible

From college students catching a ride, to employees commuting to work, passengers often face charges they never expected. The consequences can be serious: criminal records, fines, even potential jail time—all for being in the wrong place at the wrong time.

That’s why Low Law Firm treats every case seriously and strategically. You don’t have to prove you’re innocent. You only need a defense that challenges the state’s assumptions.

Additional Resources

• ACLU: Know Your Rights During a Police Stop – www.aclu.org/know-your-rights/stopped-by-police
• Texas Indigent Defense Commission – www.tidc.texas.gov/my-rights
• National Association of Criminal Defense Lawyers – www.nacdl.org

Looking Ahead in Our Criminal Defense Series

Our Criminal Defense Awareness series continues with topics designed to help West Texans understand their rights and respond confidently when facing legal trouble.

If you missed earlier entries on DUI charges, prescription medications, or bar-related offenses, visit our legal blog to catch up:
www.lowlawfirm.com/blog

Stay tuned for more posts covering real-world situations, from search and seizure basics to how your digital presence can affect a criminal case.

Get Help from Low Law Firm Today

If you or someone you know has been charged while riding as a passenger in Texas, don’t try to handle it alone. Get a defense that knows your rights and defends them fiercely.

Call: 325-455-1889
Schedule a consultation: www.lowlawfirm.com/contact