React when Stopped by the Police

If a police officer has reason to suspect you have committed a crime or traffic violation, they have the right to stop and question you. However, the scope of their questioning and the extent to which they can search you will depend on the circumstances of the encounter. By knowing your rights and paying careful attention to what happens during the encounter, you will be better prepared to mitigate the consequences of a possible arrest and prosecution against you.

Steps

Reacting When Stopped on the Street

1. Ask why you were stopped. A police officer may stop and temporarily detain you if they suspect you were engaged in illegal activity. This is called a "Terry Stop." Under this scenario, the officer can only ask you questions about the particular suspicious activity they observed.
   • Ask the officer why you were stopped so that you know what kinds of questions they are legally permitted to ask you. If the officer says they stopped you because they saw you smoking marijuana, politely refuse to answer questions unrelated to your smoking marijuana.
   • Give the officer your full name if they request it. They are permitted to ask for it.
2. Ask if you are free to leave. You have the right to terminate a police encounter unless you have been detained or arrested. Stopping a person to inquire about suspicious activity does not necessarily qualify as a detention or arrest.
   • Say to the officer, "I have to be on my way. Am I free to go?" If they do not have reasonable suspicion to detain you or probable cause to arrest you, they must say yes.
   • If the officer does not let you go, then ask, "Am I being detained or arrested? If so, what is the basis for the detention or arrest?" If the officer is able to articulate a basis for the detention or arrest, then you are not free to leave. If they cannot articulate a reason, ask politely if you can go.
3. Exercise your right to remain silent. If the officer persists in questioning you, do not feel obligated to answer their questions.
   • Tell the officer: "I'd like to remain silent and I'd like to speak to a lawyer."
   • Do not under any circumstances say anything to incriminate yourself.
4. Consent only to a weapons frisk. During a Terry Stop, a police officer is permitted to pat down (or "frisk") a person for weapons in order to protect their own safety. If the officer feels something on the person that might be a weapon, they can remove it for further inspection. However, they are not permitted to remove or inspect any other illegal items that do not appear to be weapons.
   • If the officer asks to pat you down, allow them to do so. However, if you are not carrying any weapons, do not allow them to search your pockets or remove any other suspicious objects. Instead, insist to them that you are not carrying any weapons.
   • If the officer asks for your consent to conduct a search beyond a weapons frisk, say no and ask to see a warrant.
5. Pay close attention. If you feel an officer may have violated your rights, pay close attention to what the officer said and did during the encounter. Once it is completed, write down exactly what happened.
   • For example, if the officer feels a soft object in your pocket, removes it and discovers you are carrying drugs, this may have been a violation of your rights because it is beyond the scope of a weapons frisk permitted during a Terry Stop.
   • If you are later charged with a crime, be sure to tell your lawyer that the officer discovered the drugs in the course of searching for weapons. Your lawyer may be able to dismiss the charges by arguing that the evidence against you was obtained illegally and must be suppressed.

Reacting During a Traffic Stop

1. Pull over to the side of the road. If a police car signals for you stop, either by blaring its siren or flashing its emergency lights, pull over to the right side of the road as quickly as possible.
   • While changing lanes from left to right, use your turn signal. Also be sure not to slow down too quickly so that the officer does not have to brake to avoid hitting you.
   • Park your vehicle as far to the right as possible so that, when the officer comes up to your window, they will be able to speak to you safely without fear of being hit by oncoming traffic.
2. Keep your hands in plain view. Keep your hands in plain view until the officer has approached you to ask for your license and registration. This reassures the police that you are not reaching for a weapon.
   • Do not rummage through your back pocket for your wallet and license, or in your glove compartment for your registration, until the officer asks you for them. This could cause the officer to suspect you are reaching for a gun.
3. Ask for the reason for the stop. A police officer may conduct a traffic stop only if they can point to specific and articulated facts that caused them to suspect you have violated a law. This includes any reason to suspect that you have violated a traffic law, such as speeding or a driving without a license plate.
   • Ask the officer why you were stopped so you can be sure they actually had a basis for stopping you. If they give a reason that you believe to mere pretext, such as accusing you of improper weaving when you were driving in only one lane, point out politely that you disagree with them and ask if you may leave.
   • If you are stopped as part of a roadblock or sobriety checkpoint, an officer may stop you regardless of whether they suspected you committed criminal activity.
4. Admit nothing. In the course of a traffic stop, an officer is likely to ask you questions about any suspicious activity they observe. If you have committed any crimes, such as driving while drunk, politely refuse to answer the officer's questions. Keep in mind you are under no obligation to provide the officer with any information beyond that on your driver's license, vehicle registration, or proof of insurance.
   • Tell the officer: "I'd like to remain silent, and I'd like to speak to a lawyer."
   • Resist the temptation to defend yourself. If, for example, the officer asks if you have been drinking, do not say, "Officer, I just had one glass of wine with dinner." Such statements, however, inconsequential they may seem, will likely be used against you later.
5. Think about taking a sobriety or breathalyzer test. If an officer suspects you have been driving while under the influence of drugs or alcohol, they will likely ask you to step out of your vehicle and perform a field sobriety test, such as walking in a straight line. If you fail this test, they will ask that you take a chemical (breath, blood or urine) test to determine your blood alcohol level.
   • There are two schools of thought on whether you should take any sobriety test. In some states, refusing a breathalyzer test will result in your license being suspended for up to 12 months. Your license will be suspended regardless of whether you are or are not intoxicated. Simply refusing to take the test is sufficient reason for the Department of Motor Vehicles to revoke your license. Nevertheless, this penalty may be less than what you would receive for a DUI conviction, so you need to weigh your particular circumstances.
   • In some states, the refusal to take a chemical test can be used at trial. For example, in California, refusal to take a blood or urine test may be presented at trial as evidence of your guilt and result in increased penalties if you are convicted. By refusing to the take the tests, you are gambling that the state does not have enough evidence to convict you.
   • There's a difference between a chemical/breathalyzer test and a field sobriety test. The field sobriety test (walking a straight line, counting, alphabet, etc.) is usually optional; you will not be penalized for refusing it. Even if you pass the breathalyzer, they can still use the field sobriety test to say you were impaired enough, and charge you with DUI. So if you do decide to blow, make sure not to incriminate yourself further with an optional field test.
   • Nevertheless, it may be wise for you to refuse any sobriety test, depending on your state. Without the results of such tests, it will be harder for the police to make a case against you in court.
   • Alternately, if you know you have not been drinking, then you can take sobriety tests.
6. Refuse to consent to any searches. During a traffic stop, police need probable cause to search your vehicle. This means the police must be able to point to specific evidence that you are involved in criminal activity, such as the sight or smell of contraband or an admission of guilt for a specific crime. Regardless of whether the police have probable cause, they can always ask for your consent and you can always refuse to give consent.
   • If the police begin to search you or your car, politely inform the officer that you do not consent to the search. For example, say: "Officer, I know you are just doing your job, but I do not consent to any searches."
   • This statement can help you if charges are filed. Should the prosecution fail to prove that the police had probable cause to conduct the search, it will be clear that you did not consent to the search. As a result, you will have a basis for suppressing any evidence discovered during the search, which could result in the dismissal of charges against you.

Reacting to an Arrest

1. Do not resist arrest. When making an arrest, police officers may only use the minimum amount of force necessary to protect themselves and bring a suspect into custody. If you resist an arrest or argue with an officer, they will be authorized to use more force against you. For this reason, it is always safer to avoid resisting arrest.
   • If you believe your arrest is unjustified, pay close to attention to all of the events that led up to your arrest and ask to speak to an attorney. With your attorney's help, you may be able to dismiss the evidence against you on the basis that it was obtained in an unconstitutional manner. In addition, you may have a basis for filing a civil rights lawsuit against the police.
   • If the police use excessive force against you in making an arrest, tell your attorney. The use of excessive force may also provide a basis for dismissing the charges against you.
   • If you are injured as a result of abuse by the police, take photographs of the injuries as soon as possible so that you have evidence of police misconduct.
2. Say you wish to remain silent. Once a person is arrested or detained by the police, they are no longer free to leave. Under such circumstances, a person always has the right to remain silent.
   • If a police officer advises you that you are being arrested, or refuses to let you leave, do not feel obligated to answer any of his questions. You can either say nothing in response to the officer's questions or announce: "I'd like to remain silent." You may have to repeat this more than once, as police will continue to come back to you and ask if you want to speak.
   • Also understand that police can lie to you. Police may tell you that if you talk you will probably get a light sentence or that the prosecutor might not bring charges. Insist on remaining silent.
   • By refusing to answer an officer's questions, you will avoid making statements that could be used against you in court.
3. Ask for a lawyer. Once you have been arrested, you have the right to have an attorney present during any questioning by the police.
   • Tell the police that you would like a lawyer. You can say, "I want to talk to an attorney" or "I will not say anything until my attorney is present."
   • Don't worry if you cannot afford a lawyer. If you are indigent, the government is obligated to provide you with a criminal defense attorney. However, you might not be able to speak to one right away. If you are kept in prison, you might not be able to speak to a public defender until your arraignment, which could be in a few days (if you are arrested on a Friday).
   • If you are arrested on a minor charge and immediately released, then you can talk to an attorney once you are out. Also, you may be able to meet with your attorney while in prison if you have a private attorney or if your city has a legal aid organization that sends attorneys to the prison to meet with arrestees.
4. Ask to make a phone call. Within a reasonable amount of time after your arrest, you have the right to make a phone call.
   • You can call any person you wish, including a lawyer, bail bondsperson or relative.
   • If you call your lawyer, the police may not listen to the call.
5. Do not sign anything without talking to a lawyer. Once you have been arrested, the police may ask you to write a statement describing your involvement in a crime or sign a waiver of your rights. In general, do not write any statement or sign any document until you have talked to a lawyer.
   • The only document you can safely sign is a promise to appear. This is a piece of paper that informs you of the date on which you are scheduled to appear before a judge.
6. Keep a record of the events that led to your arrest. If you are charged with a crime, your attorney may be able to suppress the evidence against you by showing that it was obtained in an unconstitutional manner. Even if you are not sure whether or not the police complied with proper procedures, pay close attention to what the officer says and does and write down everything you remember about the incident. Once you have a lawyer, this record will serve as a guide for you to describe the exact events that led to your arrest to your lawyer.
   • For example, if during the course of a traffic stop, a police officer searches your car without probable cause or a warrant, you may be able to suppress any evidence they found during that search on the basis that the search was illegal. If you have a record of exactly what the officer said and did, it will be easier for your lawyer to determine whether your rights were violated and, if so, argue to the judge that the evidence against you should be suppressed.

Tips

• If you are arrested, do not talk to anyone in the prison. Police will interpret conversation as an invitation to interrogate you, even after you have said you want to remain silent and speak to your attorney. Also, other prisoners may snitch on you in the hopes of currying favor with the police.
• Always assume that all conversations you have are being recorded or listened in on. Unless you are talking to your lawyer in prison, there is no reason to assume that a conversation will be kept private.
• You should research your state's laws on refusing sobriety tests. Search for your state and “sobriety test” in your favorite search engine.

Related Articles

• Know Your Rights If You've Been Arrested for Drug Possession
• Act when the Police Pull You Over (USA)

References

See also

• Act when the Police Pull You Over (USA)
• Pay a Florida Traffic Ticket Online
• Write a Letter to Contest a Parking Ticket
• Pay a Traffic Ticket in Nevada
• Go Through a DUI Checkpoint Without Being Tested
• Handle Police Stops
• Pass an Alcohol Assessment
• Get Through a DUI Checkpoint
• Behave at a Roadside OUI Checkpoint
• Answer Questions During a Traffic Stop

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What links here

• Beat a Field Sobriety Test
• Deal With Difficult Police