Five Things You Should Know if Stopped by an Officer

What Should I do if I’m Stopped by an Officer? Five simple steps you can take to protect yourself when you are stopped by a police officer.

It is important to realize that when an officer stops your vehicle his or her job is (a) to gather evidence of the offense you were stopped for, and (b) to investigate additional crimes. When the officer turns on the flashing lights you are required to do several things. First, you should pull over as soon as safely possible. Have your license, registration and proof of insurance ready and present them to the officer when asked. (It is a good idea to have all these documents in one place so that they are easily accessible.) Always be polite to the officer and do not resist any attempt to arrest or search your person or vehicle (even if the officer is not justified-it’s better to have your attorney argue this with the judge, then to end up charged with resisting arrest, obstruction or worse).
(1) Do not admit to speeding, drinking or anything else. Not even if you believe you are guilty. There will be plenty of opportunities to do this later. Ask the officer if you are free to leave. If you are not free to leave you should assume you are under arrest and act accordingly.
(2)The time to assert your rights is at the moment you are contacted by the police. By virtue of being stopped on United States’ soil you are entitled to certain Constitutional Rights. However, if you do not assert your rights at the time of the traffic stop, you may be not be able to assert them later.
It is vital that you know your rights so that you can protect them. Please pay careful attention to the advice below, but also the rights you are asserting.
(3) You have the right to remain silent. Use it! Just like you’ve heard numerous times on your favorite T.V. cop show: “Anything you say CAN and WILL be used against you.” It is unlikely that you will say anything that will talk the officer out of giving you that ticket or arresting you. Instead, the officer will be noting everything you say in her report (especially, anything that resembles an admission) to be used later in your prosecution.
(4) You have the right to be free from unreasonable searches and seizures. Never consent to any search of your person, your vehicle, or your property. There are times when the police can conduct a search without your consent (e.g. with a search warrant, on probable cause or “exigent circumstances”) and times when they cannot. Your attorney can address this later, but only if you have not given permission to search. At the same time, do not attempt to obstruct or hinder an officer from searching your person or your vehicle. Whether a search is legal or not, there is nothing you are going to do at this time to stop the officer from conducting the search. Simply state your objection (once is enough) and let your attorney address it at a more appropriate time.
(5) You have the right to an attorney. An attorney understands the law and how it applies to your situation. ALWAYS consult with an attorney before agreeing to take any tests or make any statements. Your attorney will help guide you through the process and can act as a buffer between you and the officers. Recent cases suggest that you should be very clear when invoking your right to an attorney. (“I am invoking my right to counsel and I do not wish to answer any questions until I have spoken with my attorney.”)
If the only thing you are facing is a traffic ticket these steps are pretty easy to follow. On the other hand, if you are being arrested for a crime it can be much harder to stick to your guns. Police officers are trained to get you to make admissions by scaring and intimidating you. In this environment it can be very difficult to assert your rights and the fear of arrest is a strong motivation to start talking. However, a few hours of stress and discomfort is much better than a criminal conviction, jail and years of being monitored by the courts.