What Should I do if I’m Stopped by an Officer? Five Steps You Can Take to Protect Your Constitutional Rights

When you are stopped by an officer it is important to remember that a significant part of his or her job is to gather evidence to later be used against you.  You are required to do certain things when the flashing lights suddenly appear behind you; pull over as soon as safely possible and provide your license, registration and proof of insurance.  You should always be polite to the officer and not resist any attempt to arrest or search.  (1) Do not admit to speeding, drinking or anything else.  (Not even if you truly believe you are guilty.  There will be plenty of opportunities to do this later.)

By virtue of being on stopped on United States’ soil you are provided certain Constitutional Rights.  The time to assert your rights is at the time you are contacted by the police.  (2) If you do not assert your rights at the time of the traffic stop you may be giving them away forever.  It is vital that you know your rights so that you can protect them.

If you are not free to leave you should assume you are under arrest.

(3) You have the right to remain silent.  Use it!  Just like T.V., 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 arresting you or giving you that ticket.  Instead, the officer will be noting observations (e.g. odor of alcohol) and everything you say (especially, anything that resembles an admission of guilt) in a report to be used later in your prosecution.

(4) You have the right to be free from unreasonable searches and seizures. You should not consent to any search of your person or your property.  There are times when the police can search without your consent, such as with a warrant, on probable cause or incident to a valid arrest.  Do not attempt to obstruct or hinder an officer from searching yourself or your vehicle.  Again, there is probably nothing you are going to do to stop an officer from conducting a search.  Simply state your objection (once is enough) and let your attorney address at a later time it in the appropriate forum.

(5) You have the right to an attorney.  An attorney understands the law.  You should consult with an attorney before agreeing to take any tests (e.g. Roadside Sobriety Tests, Portable Breath Tests, or a test of your Blood/Breath Alcohol Concentration) or make any statements.

To help protect these rights I have designed a Free Washington Driver’s Rights Card.  You can carry this wallet-sized card, designed by a Washingotn DUI Attorney, in the same place you keep your license and proof of insurance.  If stopped, hand this card to the officer with along with these documents.  It is not a magic card.  It may not prevent you from being ticketed, arrested or charged.  It will help you preserve your constitutional rights.