Chicago Criminal Lawyer Blog
What the Law Says About Passenger Rights in Illinois
As a Chicago criminal defense lawyer with decades of courtroom experience, I’ve had many clients arrested after doing little more than sitting in the passenger seat during a traffic stop. What surprises most people is how quickly a minor traffic stop can spiral into criminal charges for passengers—even if they didn’t say or do anything wrong. One of the most common questions I get is whether passengers can legally remain silent during a police stop in Illinois. The short answer is yes, but there’s more to it.
Under the Fifth Amendment, everyone has the right not to incriminate themselves. This includes passengers in vehicles stopped by law enforcement. However, what makes this tricky is how the courts interpret the encounter. While drivers are obligated to show a license, proof of insurance, and comply with the stop itself, passengers generally have fewer obligations—but they aren’t always treated that way by officers.
