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Traffic Stops

KRS 186.510 — the license in immediate possession, shown on demand

  • A licensee has the license in immediate possession at all times when driving, and displays it on demand to a peace officer.
  • It is a defense to that charge to produce in court a license issued before the arrest and valid at the time of it.
  • KRS 186.510
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A driver asked by an officer for a license who fails to display it may have that failure admitted in court as prima facie proof of driving without a license; presenting to the court a license valid on the date of the charge is a defense.

  • KRS 186.620

The Fourth Amendment sets limits on every stop, and the Supreme Court of the United States has drawn several of them. It has held that a stop is reasonable where the officer has probable cause to believe a traffic violation occurred, whatever the officer's actual motive; that an officer making a lawful stop may order the driver, and the passengers, out of the vehicle; that a passenger is seized by the stop and may challenge it; and that a stop may last no longer than its purpose requires, so it may not be extended for a dog sniff without separate reasonable suspicion. It has also held that consent to a search has to be voluntary, judged on all the circumstances, and that the prosecution does not have to prove the person knew they could refuse. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

  • Whren v. United States
  • Pennsylvania v. Mimms
  • Maryland v. Wilson
  • Brendlin v. California
  • Rodriguez v. United States
  • Schneckloth v. Bustamonte
Sources for this section (8)
  1. KRS 186.510 — License to be in possession and to be shown on demand
  2. KRS 186.620 — Unlawful to drive or permit another to drive without license -- Display of license on request of peace officer -- Defense
  3. Whren v. United States, 517 U.S. 806 (1996) — A traffic stop is reasonable when there is probable cause of a traffic violation
  4. Pennsylvania v. Mimms, 434 U.S. 106 (1977) — An officer may order the driver out of a lawfully stopped car
  5. Maryland v. Wilson, 519 U.S. 408 (1997) — An officer may order passengers out of a lawfully stopped car
  6. Brendlin v. California, 551 U.S. 249 (2007) — A passenger is seized by a traffic stop and may challenge it
  7. Rodriguez v. United States, 575 U.S. 348 (2015) — A stop may not be extended beyond its purpose to run a dog sniff
  8. Schneckloth v. Bustamonte, 412 U.S. 218 (1973) — Consent to a search must be voluntary

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kentucky attorney.

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Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.