Most people have no idea what their Fourth Amendment rights during a traffic stop actually look like in practice. You see blue lights in your mirror. Your heart rate spikes. An officer walks up to your window. And in that moment, you are making decisions that could shape the outcome of your entire case, or keep you from having one at all.
Criminal defense attorney Holly Waltman joined the latest episode of Justice Unfiltered, the podcast presented by A 2nd Chance Bail Bonds, for a conversation that every Georgia driver needs to hear. Holly is the owner and managing partner of the Waltman Firm in Marietta. She handles everything from complex felonies to federal cases across the country. And she has a specific focus that sets her apart: the Fourth Amendment.
Here is what she wants you to know before you ever see those blue lights again.
The Fourth Amendment Is Your Right to Be Left Alone
The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. In everyday terms, it means the government cannot search you, your car, or your home without a valid reason. According to the Legal Information Institute at Cornell Law School, the ultimate goal of this protection is to safeguard your right to privacy and freedom from unreasonable government intrusion.
Holly put it simply on the show. The Fourth Amendment is “your constitutionally promised right to be left alone from unreasonable searches and seizures.” That one word, “unreasonable,” is where most cases are won or lost.
A traffic stop counts as a seizure under the Fourth Amendment. That means the officer needs at least reasonable suspicion that a traffic violation or criminal activity occurred. Without it, the stop itself may be unlawful, and any evidence found as a result could potentially be thrown out.
Fourth Amendment Rights During a Traffic Stop: What You Must Do and What You Can Refuse
This was the most practical part of the conversation, and the part Holly said she wishes she could “scream from the mountaintops.”
Here is the breakdown:
What you are required to do:
- Identify yourself to the officer.
- Provide your driver’s license if you are operating a vehicle.
- Show proof that you have the legal requirements to drive in Georgia (license, registration, insurance).
What you are NOT required to do:
- Answer questions about where you are coming from or where you are going.
- Tell the officer how much you have had to drink.
- Consent to a search of your vehicle.
- Provide any information beyond basic identification.
Holly recommends a simple, respectful response if the officer starts asking questions beyond identification: “Respectfully, I am not going to answer any questions.”
And here is the move she said can change everything. Instead of answering their questions, flip it. Ask the officer directly: “Am I free to leave, or am I under arrest?”
That question forces the officer to make a decision right there. Either they have probable cause to detain you, or they do not. If they do not, they need to let you go (possibly after writing a ticket for whatever the original stop was about). If they do detain you, a whole set of legal rules kicks in, including limits on how long they can hold you.
Why Consenting to a Vehicle Search Can Hurt Your Case
This is where Holly got very direct with the audience. If an officer asks to search your car, you can say no. The exact words she recommends: “I do not consent to a search of my vehicle.”
Here is why this matters so much. If you consent to a search and officers find something, your defense attorney has a much harder time challenging that search in court. You gave permission. But if you clearly said no, and the officers searched anyway, your attorney now has grounds to file what is called a motion to suppress. That motion asks a judge to throw out whatever evidence was found because the search violated your Fourth Amendment rights.
Under Georgia law, police can search your vehicle without consent in certain situations. These include having probable cause (for example, seeing contraband in plain view), conducting a search after a lawful arrest, or performing an inventory search when your vehicle is impounded. But the key point Holly stressed is this: do not make their job easier by giving consent. Let them follow the legal process. That process is what protects you.
What Is an Inventory Search in Georgia?
Holly explained one specific scenario that catches a lot of people off guard. If you are arrested during a traffic stop, your vehicle will likely be impounded. Before it gets towed, officers can perform what Georgia law calls an inventory search.
The stated purpose of an inventory search is to protect your belongings. Officers catalog what is inside the car so you get everything back later and so nobody can claim items were stolen. But anything illegal found during that search (drugs, weapons, or other contraband) can and will be used against you in court.
Georgia courts have upheld inventory searches when the vehicle was lawfully impounded and the search followed standard department procedures. But courts have also thrown out inventory searches when impoundment was unnecessary or the search was just a cover for investigating without a warrant.
The bottom line: even if you are being arrested, do not consent to a search. State your refusal clearly. It gives your attorney something to work with later.
Georgia Treats Traffic Tickets as Misdemeanors (and That Is a Big Deal)
Holly raised a point during the episode that surprises a lot of people, even longtime Georgia residents. Unlike most states that classify minor traffic offenses as civil infractions, Georgia treats nearly all moving traffic violations as criminal misdemeanors.
That means a ticket for not using your turn signal, not stopping long enough at a stop sign, or running a red light technically carries a potential penalty of up to 12 months in custody and a fine up to $1,000.
Now, are judges actually sentencing people to a year in jail for a broken blinker? No. But as Holly pointed out, the possibility is on the table. And if you show up to court without an attorney and handle the situation poorly, you are giving a judge more reason to come down harder than expected.
This is one of the reasons Holly strongly recommends having legal representation for any traffic matter in Georgia. What seems like a simple ticket is actually a misdemeanor criminal charge on paper.
Mental Health, Substance Abuse, and the People Behind the Cases
One of the most honest parts of the conversation came when Holly talked about who her clients actually are. Not the calculated criminals that people picture. Real people. Moms, dads, brothers, sisters, kids who made a mistake or ended up in the wrong place at the wrong time.
She and Daniel Matalon, CEO of A 2nd Chance Bail Bonds, both agreed that mental health and substance abuse are at the root of so many cases they see. And the data backs that up.
According to the National Alliance on Mental Illness (NAMI), about 2 in 5 people who are incarcerated have a history of mental illness. The Substance Abuse and Mental Health Services Administration (SAMHSA) estimates that 63% of people in jail have a substance use disorder. And nearly 45% of people with a substance use disorder also experience mental illness, according to the National Center for Drug Abuse Statistics.
Holly pointed out that people who cannot afford proper mental health treatment often self-medicate with drugs. Then the drug use creates legal problems. Then the legal problems make the mental health worse. It is a cycle, and the resources to break it are not always there for people who need them most.
This is exactly why organizations like A 2nd Chance Bail Bonds exist. Getting someone out of custody and back to their family, their job, and their treatment is often the first step toward actually addressing what went wrong. A 2nd Chance Monitoring provides tools like GPS monitoring and alcohol monitoring that allow people to stay out of jail while their case moves forward, giving them the stability to focus on getting better.
Why Relationships Matter More Than You Think in Criminal Defense
Holly made a point during the episode that might not seem obvious to people outside the legal system. Knowing the law inside and out is important, but the relationships a defense attorney has with prosecutors and judges can be just as critical to getting a good result.
She described courtroom calendar calls where 50 defense attorneys are lined up, and one or two prosecutors are trying to move through 250 cases. If an attorney is aggressive, combative, or disorganized, the prosecutor has every reason to dig in and say no. But if there is mutual trust and professionalism, there is room to have a real conversation about what a fair resolution looks like.
That same principle applies to the relationship between defense attorneys and bail bond companies. Holly said that being able to tell a judge she has already contacted A 2nd Chance Bail Bonds, and that they are ready and willing to facilitate monitoring, puts everyone at ease. Judges know the company. They trust the company. And that trust can make the difference between a client sitting in jail or going home to prepare their defense.
Three Questions to Ask Before Hiring a Criminal Defense Attorney
Holly left listeners with three questions that anyone facing criminal charges should ask a potential attorney before hiring them:
- Do you practice this kind of law? Criminal defense is a specialty. A family law attorney or a real estate attorney is not the right fit for a felony charge.
- Do you practice in this jurisdiction? Knowing the judges, the prosecutors, and the local court system matters. An attorney who works in Savannah may not know the players in Atlanta.
- How many cases like mine have you taken to a jury trial to completion? This is the big one. You want someone who has actually been through the full trial process with your type of charge, not someone who will be figuring it out as they go.
Holly was candid that too many people grab the first attorney who answers the phone or rely on a friend-of-a-friend referral without asking these basic questions. When your freedom is on the line, that is not the time to cut corners.
Protecting Your Fourth Amendment Rights During a Traffic Stop Starts with Knowing Them
The biggest takeaway from this conversation is that understanding your Fourth Amendment rights during a traffic stop is not just legal theory. It is practical, everyday knowledge that could keep a routine traffic stop from turning into something much worse.
Identify yourself. Provide your license. Be respectful. But do not answer questions beyond that. Do not consent to a search. And if things escalate, ask clearly: “Am I free to leave, or am I under arrest?”
If you or someone you love is facing charges in Georgia and needs help getting out of custody, A 2nd Chance Bail Bonds is available 24/7 across the state. And if monitoring is part of the conversation, A 2nd Chance Monitoring offers GPS, alcohol monitoring, and other solutions that can help demonstrate to a judge that a defendant is serious about meeting the conditions of their bond.
Everyone deserves a second chance. But the first step is knowing your rights.
Listen to the Full Episode
Hear the complete conversation on the Justice Unfiltered podcast, available wherever you get your podcasts or watch on YouTube.
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About Justice Unfiltered
Justice Unfiltered is a podcast presented by A 2nd Chance Bail Bonds and hosted by Tug Cowart and Daniel Matalon, CEO of A 2nd Chance Bail Bonds and A 2nd Chance Monitoring. The show airs on XTRA 1063 AM, Atlanta’s only conservative news and talk station, and features candid conversations with law enforcement, judges, attorneys, and voices from every part of the justice system. Listen to all episodes here.
About A 2nd Chance Bail Bonds
A 2nd Chance Bail Bonds serves clients across Georgia and multiple states, providing professional bail bond services 24 hours a day, 7 days a week. A 2nd Chance Monitoring offers GPS monitoring, alcohol monitoring, and other court-ordered monitoring solutions to help defendants meet their bond conditions while maintaining their daily lives.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. If you are facing criminal charges, consult a licensed attorney in your jurisdiction.
