What to do if you get stopped by the police

First of all: Be polite.  The officer is doing the job we pay them to do.  Usually, they do it politely and professionally.  Be nice to them and they will usually be nice to you.  The officer has a lot of discretion as his or her investigation unfolds, such as letting you go sooner rather than later, putting the cuffs on tightly or not, allowing you to go pee if you need to…  Also, if conditions require processing you, they often have the discretion to just issue you a flash citation (which just says that you must appear in court on a certain day) instead of taking you into custody, depending on the severity of the alleged crime.  They are also noting your behavior for the State in connection with a possible prosecution, and for the court.  The latter can have a direct effect on the conditions of your release, possible bail requirements, and, ultimately, the case’s final disposition.  Judges don’t like loudmouths that act like jerks when police are trying to do their job.

Besides, this is not the person to pitch your battle against.  The real fight, if there is to be one, will occur in court.  The officer in front of you is merely a minor cog in the wheel of justice.  Don’t waste your time or energy (or credibility) trying to convince them of anything.  If they are going to arrest you, insolence and threatening behavior is certainly not going to somehow win them over.  It will fall on deaf ears and merely harden their resolve.  

And don’t grovel.  Remember, their role is to serve us, and that includes you, even in these circumstances.  Treat them as the public servant they are.  Like someone you have hired to help keep your town safe.  Someone that works for you.  Be polite and patient.  Stay in control of yourself and the situation.

This doesn’t mean by any stretch of the imagination that you should consent to anything.  

As a defense attorney it is difficult to imagine any circumstances that warrant consenting to a request to search your vehicle or making admissions, or answering any but the most basic questions.  If you have been detained while in your car, politely provide the officer with your license, registration, and insurance card.  ALWAYS be able to put your hands on these documents quickly and easily. Otherwise, looking around for them will be perceived as fumbling behavior, possibly supportive of further investigation.  If circumstances require it or if you are at unease in any way, request that all further questions be referred to your attorney.  Write his or her number out and provide this to the officer.  This will stop them in their tracks and preserve the maximum amount of defenses available to you should you end up being arrested for something. 

Yes, this can feel awkward.  We usually feel compelled to answer their (well-rehearsed) questions, as we are taught from an early age to respond with answers to authority figures.  Get over that.  Subtly remind the officer that you are still in charge, asserting your constitutionally protected rights.  This immediately puts the officer on notice that you know your rights and that they should tread carefully; that you are not to be trifled with. Don’t answer questions about where you are going, where you are coming from.  None of that. Simply provide your name, an ID and, if appropriate, the car’s documents. 

In the next installment, we will continue this discussion…