The police officer has the right to stop and question you if he has reason to suspect you have committed a crime.Depending on the circumstances of the encounter, the scope of his questioning and the extent to which he can search will vary.By knowing your rights and paying attention to what happens during the encounter, you will be better prepared to mitigate the consequences of a possible arrest and prosecution against you.
Step 1: Why were you stopped?
If a police officer suspects you of being involved in illegal activity, he may stop and detain you."Terry Stop" is what this is called.The officer can only ask about the suspicious activity he observed.You should ask the officer why you were stopped so you know what questions he can ask you.If the officer says he stopped you because he saw you smoking marijuana, politely refuse to answer questions unrelated to that.If the officer asks for your full name, give it to him.He can ask for it.
Step 2: Do you have the right to leave?
Unless you've been arrested, you have the right to end a police encounter.Stopping a person to inquire about suspicious activity doesn't mean they are arrested.Say to the officer that you have to be on your way.I don't know if I am free to go.He must say yes if he doesn't have probable cause to arrest you.If the officer doesn't let you go, ask if you're being arrested.What is the basis for the arrest?You are not free to leave if the officer can articulate a basis for the arrest.Ask politely if you can go if he can't articulate a reason.
Step 3: You have a right to remain silent.
Do not feel obligated to answer the officer's questions if he persists in questioning you.Tell the officer that you want to speak to a lawyer.Don't say anything to make yourself look bad.
Step 4: Only after a weapons frisk can consent be granted.
During a Terry Stop, a police officer is allowed to pat down a person for weapons in order to protect his own safety.If the officer feels something on the person that might be a weapon, he can remove it.He cannot remove or inspect illegal items that do not appear to be weapons.Allow the officer to pat you down if he asks.Do not allow him to search your pockets if you are not carrying a weapon.Tell him that you are not carrying weapons.Ask to see a warrant if the officer asks for your consent to conduct a search beyond a weapons frisk.
Step 5: Pay attention.
If you feel an officer may have violated your rights, pay close attention to what the officer says and does.Write down exactly what happened once it is done.If the officer feels a soft object in your pocket and discovers you are carrying drugs, this may be a violation of your rights because it is beyond the scope of a Terry Stop.If you are charged with a crime, you should tell your lawyer that the officer discovered drugs while searching for weapons.Your lawyer may be able to dismiss the charges if they argue that the evidence against you was obtained illegally.
Step 6: Pull over to the side of the road.
Pull over to the right side of the road if a police car signals for you to stop, either by sirens or emergency lights.Use your turn signal while changing lanes.The officer does not have to brake to avoid hitting you if you slow down too quickly.When an officer comes up to your window, he or she will be able to speak to you without fear of being hit by oncoming traffic, if you park your vehicle as far to the right as possible.
Step 7: Keep your hands out of the way.
Keep your hands out of the way as the officer approaches to ask for your license and registration.The police are reassured that you are not reaching for a weapon.If the officer asks you for your wallet or license, don't take it out of your back pocket or glove compartment.The officer could suspect you are reaching for a gun.
Step 8: Please tell me the reason for the stop.
If he can point to specific and articulated facts that caused him to suspect you have violated a law, a police officer can conduct a traffic stop.This includes any reason to suspect that you have violated a traffic law, such as speeding or driving without a license plate.If you ask the officer why he stopped you, you can be certain he had a reason to stop you.If he accuses you of improper weaving when you were driving in only one lane, point out that you disagree with him and ask if you can leave.If you are stopped as a result of a roadblock or checkpoint, the officer may stop you even if he suspected you of committing a crime.
Step 9: Don't admit anything.
In the course of a traffic stop, an officer is likely to ask you questions about any suspicious activity he observes.If you have committed a crime such as driving while drunk, refuse to answer the officer's questions.You don't have to give the officer any information beyond your driver's license, vehicle registration, or proof of insurance.Tell the officer that you would like to speak to a lawyer.Resist the temptation to defend yourself.Do not say "Officer, I just had one glass of wine with dinner" if the officer asks if you have been drinking.It is likely that these statements will be used against you later.
Step 10: Think about taking a test to see if you're sober.
If an officer suspects you have been driving while under the influence of drugs or alcohol, he will likely ask you to step out of your vehicle and perform a field sobriety test, such as walking in a straight line.He will ask you to take a chemical test to determine your alcohol level if you fail the test.Some people think that you shouldn't take a sobriety test.If you refuse a breathalyzer test, your license will be suspended for up to a year.Your license will be suspended if you are drunk or not.The Department of Motor Vehicles can revoking your license if you refuse to take the test.It is possible that this penalty is less than what you would get for a drunk driving conviction.The refusal to take a chemical test can be used in a trial.If you are convicted in California, refusal to take a blood or urine test may result in increased penalties.You are gambling that the state doesn't have enough evidence to convict you if you refuse to take the tests.A field sobriety test is different from a chemical/breathalyzer test.The field sobriety test involves walking a straight line and counting.You won't be punished if you refuse it; it's usually optional.If you pass the breathalyzer, they can still use the field sobriety test to charge you with drunk driving.Make sure you don't incriminate yourself further with an optional field test if you blow.Depending on your state, it may be wise for you to refuse the test.It will be harder for the police to make a case against you in court if you don't have the results of the tests.If you know you haven't been drinking, then you can take the tests.
Step 11: Don't consent to any searches.
Police need probable cause to search your vehicle during a traffic stop.The police need to be able to point to specific evidence that you are involved in criminal activity, such as the smell of drugs or an admission of guilt.Even if the police have probable cause, they can always ask for your consent and you can refuse.Inform the police officer that you do not want to be searched.I know you are doing your job, but I don't want to be searched.If charges are filed, this statement can help you.It will be clear that you did not consent to the search if the prosecution fails to prove that the police had probable cause.You will have a basis for suppressing any evidence found during the search, which could result in the dismissal of charges against you.
Step 12: Don't resist arrest.
Police officers only use the minimum amount of force necessary to protect themselves and bring a suspect into custody when making an arrest.He can use more force against you if you resist an arrest.Resisting arrest is always safer.If you believe that your arrest is unjust, you should ask to speak to an attorney.You may be able to dismiss the evidence against you if you have your attorney's help.You can file a civil rights lawsuit against the police.Inform your attorney if the police use excessive force against you.The charges against you may be dismissed if excessive force is used.If you are injured as a result of police abuse, you should take pictures of the injuries as soon as possible so that you can show police wrongdoing.
Step 13: Do you want to remain silent?
A person who is arrested by the police is no longer free to leave.A person has the right to remain silent.If a police officer tells you that you are being arrested, or refuses to let you leave, don't feel obligated to answer any of his questions.You can either say nothing in response to the officer's questions or say "I'd like to remain silent"If police come back to you and ask if you want to speak, you may have to repeat this more than once.Police can lie to you.If you talk to the police, they will probably give you a light sentence or the prosecutor won't bring charges.Adhere to remaining silent.You will avoid making statements that could be used against you in court if you refuse to answer the officer's questions.
Step 14: Ask for a lawyer.
You have the right to have an attorney present when you are being questioned by the police.If you want a lawyer, tell the police.You can say "I want to talk to an attorney" or " I will not say anything until my attorney is present."Don't worry, you can afford a lawyer.The government is obligated to give you a criminal defense attorney if you are poor.You might not be able to speak to someone right away.If you are arrested on a Friday, you may not be able to speak to a public defender until a few days later.Once you are out, you can talk to an attorney if you were arrested on a minor charge.If your city has a legal aid organization that sends attorneys to the prison to meet with arrestees, you can have a meeting with your attorney while in prison.
Step 15: To make a call, ask.
You have the right to make a phone call after you've been arrested.You can call anyone, including a lawyer, bail bondsman or relative.The police may not listen to a call from a lawyer.
Step 16: Don't sign anything without talking to a lawyer.
If you are arrested, the police may ask you to write a statement or sign a waiver of your rights.If you want to write a statement or sign a document, talk to a lawyer first.A promise to appear is the only document that you can safely sign.This is a piece of paper that tells you when you are going to appear before a judge.
Step 17: The events that led to your arrest should be kept in a record.
If you are charged with a crime, your attorney may be able to show that the evidence was obtained in a way that was unconstitutional.If you don't know if the police followed proper procedures, you should write down everything you remember about the incident and pay close attention to what the officer says.If you have a lawyer, this record will help you describe the events that led to your arrest.If a police officer searches your car without a warrant or probable cause during a traffic stop, you may be able to suppress any evidence he finds because it was illegal.If you have a record of what the officer said and did, it will be easier for your lawyer to argue that the evidence against you should be suppressed.