1. Pull-over Safely
When you recognize that you are being stopped by police, it is important that you remain calm. Find the next safe place where it is safe for both cars to pull over without blocking traffic. Look for a parking lot or a large median on the right side of the road. Use your signal and carefully pull over and come to complete stop. If you pull into a marked parking spot, make sure you pull in neatly between the lines. You must take this process one step at a time and coming to a safe stop is step one.
2. Sit Quietly and Be Still
This means turn your music off and do not get on your phone. Place both hands on the wheel (10 & 2) to show the officer that you are not reaching for anything dangerous. Keep your window up until the officer asked you to roll it down. It is natural for you to begin looking for your driver’s license and registration, however officers will get concerned if they see you digging around in the vehicle. This could signify to the officer that you are hiding something illegal or reaching for a weapon. When you sit quiet and motionless, the officer will not be threatened, and he will be less stressed when addressing you. If you are stressed and the officer is stressed, the initial encounter will not go well. Spend this time thinking to yourself as to where your driver’s license and registration is located so that when asked, you can easily retrieve it.
3. Be Polite & Calm to Police
Be polite but know your rights. When the officer taps on your window, calmly open the window just far enough to pass documents and communicate clearly with the officer, or about a quarter of the way down. Let the officer ask the questions and you answer. Do not get an attitude with the officer and always respond politely to questions. The officer may not be respectful to you, but it will benefit you greatly if you show respect and remain calm and polite. There is nothing to gain by being feisty with police at a traffic stop.
When asked, provide your driver’s license and registration for the officer. Do not move quickly because this will concern the officer. Move slowly and deliberately while collecting your documents to give to the officer. If you cannot find your registration, do not start haphazardly digging through your car. Instead, politely tell the officer that you are not sure where it is, and it might take time to locate. If you are fumbling through your car, it may appear to the officer that you are impaired by alcohol or drugs. The calmer and deliberate you are, the less concerned the officer will be about impairment.
Sometimes, an officer will ask you to get out of the car. This could be because he has suspicion that you are impaired, and the officer wants to conduct a DUI investigation. If this is the case, the officer should tell you that is why he is asking you to get out of the vehicle. Officers will sometimes ask you to get out of the car as a safety precaution for them. While it is your right to stay in the car, it is advised that you follow the officer’s instructions in order to avoid a tense situation.
4. Never Consent to a Search
There are a few reasons an officer can search your car. One, if the officer has probable cause. This means to officer must have some facts or evidence to believe you are involved in criminal activity. For example, an officer who smells marijuana and see’s a joint in your ashtray has probably cause to search. If this is the case, the officer does not need your permission to search the vehicle. The other way for him to search the vehicle is because you gave the officer permission. Never freely and voluntarily consent to a search of your vehicle and give the police a free pass. It is your constitutional right that the officer possesses probable cause to search your vehicle, so do not waive that right by consenting. Even if you strongly believe that there is nothing illegal in the car, do not waive your constitutional right to unreasonable search and seizure. If the officer asks why you are refusing to consent, simply tell him that it is your constitutional right. If law enforcement searches your car without probable cause or your consent, they are likely violating your constitutional rights and your criminal defense attorney will address this matter with the courts.
If the officer searches your vehicle and claims to have found something illegal, he will likely ask you about it. It is especially important that you remain calm and do not talk. Do not make any admissions and simply tell the officer that you will not talk unless your criminal defense attorney is present. The officer may make it seem like or even tell you that he will be lenient if you talk. He may say that this is your “opportunity” to clear things up with police. The entire reason for getting you to talk is so that police can be provided with more evidence to arrest and convict you. Police officers are trained to treat you like a victim until they arrest you. Stay quiet and let your criminal defense attorney handle communications with police once something is claimed to have been found in your vehicle.
5. If Arrested, Lawyer Up & Shut Up
If you are arrested, keep your mouth closed. At this point, you are already going to jail and talking can only make it worse. You have the right to remain silent, so do not waive that right. Immediately and politely tell police that you want an attorney present and be quiet. Police are crafty and will try to make you believe that talking to them is in your best interest, but it is not. Respectfully and calmly tell then that you want an attorney. Do what you can to contact a criminal defense attorney to begin working on your case. If proper procedures are not followed by police, evidence can be thrown out by a judge after a motion to suppress. This procedure requires the trained eye of a criminal lawyer.