Can Police Pull You Over Because of Out-of-State Plates?
You’re driving through Texas with out-of-state plates. A trooper locks onto your car and follows for miles. You haven’t broken any laws. So why are they watching you?
This exact scenario was highlighted in a YouTube Short that inspired this blog, where we break down what your rights are in Texas when police tail or stop you just for having different plates.
Let’s cut through the confusion. Can police legally pull you over because of out-of-state plates? The short answer: No, but they might anyway. Here’s what you need to know, what the law says, and how to protect yourself.
Is It Legal to Pull Over Someone Just Because of Out-of-State Plates?
No, it’s not legal. A police officer cannot lawfully pull you over just because you have out-of-state plates. That’s considered an unreasonable search and seizure under the Fourth Amendment of the U.S. Constitution.
In Delaware v. Prouse, 440 U.S. 648 (1979), the U.S. The Supreme Court ruled that officers must have a reasonable suspicion that a traffic law was violated to justify a stop. Out-of-state plates by themselves don’t count.
However, and this is important, there’s a big difference between what’s legal and what happens in practice.
How Cops Still Pull Over Out-of-State Plates
In the real world, some officers use “pretextual stops.” This means they find a technical traffic violation (even a minor one) to justify pulling you over, but their real motivation is suspicion tied to your out-of-state plates.
That could be:
- A slight drift within your lane
- Going 2 MPH over the limit
- A faded license plate light
- “Following too closely”
Under Whren v. United States, 517 U.S. 806 (1996), these kinds of stops are legal as long as there’s a valid traffic violation, even if the officer had another motive in mind.
So while they can’t say, “We stopped you because you’re from another state,” they can look for a reason to justify stopping you once they see those unfamiliar plates.
Why Drivers With Out-of-State Plates Get Targeted
Out-of-state plates catch attention. Police may (rightly or wrongly) associate them with:
- Drug trafficking routes
- Interstate gun transport
- Human smuggling
- “Suspicious” travel patterns
- Unfamiliarity with local laws
Some states, including Texas, have informal watchlists for certain out-of-state tags. If your plates are from a state with known trafficking activity, you may get extra attention.
But again: None of these are legal reasons to stop you. They might raise suspicion, but without a specific and articulable violation, the stop would be unconstitutional.
What To Do If You’re Pulled Over Because of Out-of-State Plates
1. Stay Calm and Follow the Basics
Pull over safely. Keep your hands visible. Be polite. Don’t argue roadside; it won’t help you.
You must provide:
- A valid driver’s license
- Vehicle registration
- Proof of insurance
2. Don’t Volunteer Extra Information
Officers often ask:
- “Where are you coming from?”
- “Why are you in Texas?”
- “How long are you staying?”
These questions are designed to probe. You are not required to answer them.
Say something simple like:
“I prefer not to answer questions. Am I free to go, officer?”
That’s your Fifth Amendment right.
3. Do Not Consent to a Search
If the officer asks to search your vehicle, respond clearly:
“I do not consent to any searches.”
This is legal and smart. Don’t give up your rights because you feel pressured.
Police can only search your car if:
- You give consent
- They have probable cause
- You’re being arrested
Having out-of-state plates is not a probable cause.
What If the Stop Feels Illegal or Targeted?
If you suspect you were pulled over because of out-of-state plates without a valid traffic violation, do the following:
- Document the interaction (time, location, reason given)
- Record video (legal in Texas, as long as you don’t interfere)
- Write down officer names/badge numbers
- Note if they mentioned your license plate state
- Call a criminal defense attorney immediately
Any evidence found during an unlawful stop can be suppressed in court, meaning it can’t be used against you.
Tips to Avoid Being Targeted on the Road
Whether you’re road-tripping or moving between states, follow these rules to reduce your risk:
- Follow all traffic laws to the letter
- Make sure your car is in top shape (lights, tags, signals)
- Keep all documents current and accessible
- Stay calm, respectful, and firm
- Never consent to searches without legal cause
- Know your rights and use them
Arrested? Don’t Plea, Call Me!
While it’s illegal to stop someone just for their plates, the reality is more complicated. Out-of-state drivers get profiled—especially in states like Texas, where law enforcement is on high alert for interstate crime.
The good news? You don’t have to take it lying down. The Constitution is on your side.
If you were pulled over and feel the stop was unlawful, talk to a criminal defense attorney right away. There may be a strong case to suppress any evidence or challenge the stop entirely.