How to behave if you are stopped by the police (USA)

Author: Ellen Moore
Date Of Creation: 17 January 2021
Update Date: 1 July 2024
Anonim
What to do if you get pulled over by the police
Video: What to do if you get pulled over by the police

Content

You may be worried about what will happen when the police stop you on the road, but remember that it is the police officers who have every right to be nervous in such a situation. They never know what to expect from you. In general, the more you do to keep the officer safe, the more you provide yours.

Steps

Part 1 of 2: Responding to a Stop

  1. 1 Know your rights. A police officer can stop you for any traffic violation, no matter how serious it is. They may even follow you, waiting for you to complete it. Never get into a fight with a police officer, do not behave in a threatening or hostile manner. If you behave aggressively, the officer's reaction will follow immediately in the form of arrest or a fine.
    • A police officer cannot stop you because of your age, nationality, or the type of car you drive. If you believe you were unlawfully stopped, record your communication with the officer, if possible. Just put your phone on the dashboard and press "record".
  2. 2 Choose a convenient place to stop. Slow down, turn on the turn signal and take to the right. This will let the officer know that you are going to stop. Try to find parking nearby or a wide shoulder. Many officers will appreciate your foresight. Remove the keys from the ignition and place them on the dashboard.
    • If it is dark outside and you are alone in the car, then you have the right to drive to a well-lit area, for example, a gas station or a bus stop. If you plan to keep driving until you find a well-lit place, dial 911. Let them know that you have been stopped by the police, but will keep going until you find a well-lit, safe place to stop.The 911 operator will forward this information to the police.
  3. 3 Relax and don't be afraid to be stopped by the police, everything will be fine even if you get a ticket. Take a deep breath and remember that police officers are not universal evil and are not dangerous. They are needed to help protect us.
  4. 4 Lower the driver's side window and any tinted windows. Turn on the interior lighting if it's dark outside. Do all movements very slowly. The officer is careful to ensure that you do not hide a weapon or hide anything. Do not reach for anything under your seat or in your car. As soon as the officer approaches, place your hands on the steering wheel so that he can see them.
    • It does not hurt to remove the keys from the ignition and place them on the dashboard. This will show the cop that you are not going to drive off.
  5. 5 Don't be the first to speak. When an officer approaches your car, he asks for your license and registration card. He is not obliged to explain to you the reason for the stop. When you move your hands, warn you that you are going to show documents. Remove them slowly and carefully. If you are staying in a dark place, the officer will illuminate your hands with a flashlight. Do this first and put your hands on the steering wheel again. Keep your hands on the steering wheel while the officer checks the documents and the car on the radio.
    • Keep your ID and registration in an envelope (preferably yellow or some other bright color), not in your bag. The envelope should be small enough. You should not keep documents in an envelope that is large enough to hold a gun. If your ID and registration are in the glove compartment or under the seat (not recommended), ask the officer for permission to retrieve them.
    • If you do not have a license or registration, an officer can arrest you for driving without documents or issue a fine. If you have a valid reason for not having documents, the officer may allow you to show another photo ID. Then he will compare the photo on the documents with your face. It all depends on the police officer, so try not to drive without a license and registration.
  6. 6 Be clear and concise. Be polite and use the word "officer" for the policeman. You can find out the name of the policeman. Answers that are too frank can harm you. The officer may try to get your confessions that could be used against you in court. He or she can record any of your answers on the report. In addition, personal surveillance cameras are becoming the standard for police officers so that your communication can be recorded. Here are some examples of how you should answer questions:
    • If you are asked, "Do you know why you were stopped?" Answer "No"
    • If you are asked, "Do you know how fast you were driving?" answer yes. Answering "No" to this question will lead the officer to assume that you are not guided by what speed you are moving. But if you really don't know what to answer, you can say, "I think I was traveling at a speed of about X."
    • If an officer asks you, "Do you have a valid reason for speeding?" say no. If you answer “Yes”, then even if there was no excess, the officer may assume the opposite, and will probably write you a fine.
    • If he asks: "Have you drunk?" and it is not, answer "No". Except when you are stopped for drunk driving. Be sure to tell me if you are taking medication or have a medical condition that may affect driving.
    • You may be asked to take an alcohol test if an officer notices an open container of alcohol or even smells alcohol. A police officer cannot force you to take a test without obtaining a search warrant. But the refusal to pass the test is the basis for the immediate arrest and suspension of the driver's license.If this happens, you will be forced to take an alcohol test in your jail cell if police officers receive a warrant for your arrest, which is easy to obtain in the event of a traffic violation.
  7. 7 Follow any orders from the officer. Failure to obey his order will identify you as evading or resisting. This will give the officer the right to use force against you to force you to follow his orders. Stay out of trouble and follow any orders you receive.
    • If any illegal object or object comes into the field of view of a police officer, he has the right to open the door, get it and pick it up.
    • In the United States, vehicles in motion can be searched by law enforcement after traffic stops. A possible reason could be the observation of suspicious activities of passengers, actions and objects that a police officer can see, smell or hear, for example, a security breach, open containers, potential weapons, and so on.
    • If an officer asks if he can search your vehicle, you can refuse. If you refuse to conduct a search, then this is not a good reason not to carry out it. Courts tend to side with the police. Even if the probable reason for the search given by the officer is incorrect, it will still count as a legitimate search.
    • Do not engage in any unnecessary conversations with the officer. The officer knows why he stopped you, and anything you say can be used against you in court. You have the right to remain silent and not incriminate yourself. Also, do not give names, even if you know the officer who stopped you. Most likely, the police officer who stopped you will assume that you know the name of the other officer because you have already been arrested or violated something.
    • Do not leave your vehicle unless requested to do so. This is almost always perceived as a threat, besides, it is much safer inside the car than outside next to the stream of cars. Use your seat belt. Even if you have already stopped somewhere on a busy street or highway, someone can still crash into you. In addition, if you are wearing your seat belt, the officer will have no reason to believe that you are about to flee.
  8. 8 Know when an officer can legally search your vehicle. In the United States, vehicles in motion are subject to possible search by law enforcement when stopped. If an officer discovers any illegal objects in sight, he or she can search the part of the car in which they are located and arrest you if necessary. If an officer asks for permission to search your vehicle, you do not have to agree. But in case of such a refusal, keep in mind that the officer may try to find a suitable reason for the search.
    • A good reason to search your vehicle is to observe suspicious activities of passengers, objects and objects that a police officer can see or hear. Security breaches, open containers and items that can become potential weapons. Please note that refusing to search your vehicle may also be considered a valid reason. If the officer cannot come up with such a reason, you can be free after he gives you a warning.
    • Remember, an officer does not have to ask your permission to use the K-9 so that the dog can sniff your vehicle from the outside (looking for drugs, people or explosives, etc.).
  9. 9 Be polite and don't argue if you are fined. You will have a lot of time for this in the traffic police if you decide to challenge the fine. Instead, thank the officer and keep your emotions in check.If you believe that you were stopped for no reason, or that an officer has committed an illegal act, do not try to deal with the officer during the stop. Instead, try to remember or learn the officer's name later on.
    • If the stop is too long, you can ask the officer if you can continue driving.
    • If you think that the officer is overstepping his authority, you can contact your lawyer. Then ask him if you have a reason for filing a complaint in the county or state where the police officer works. For example, if you believe you have been stopped because of your race, consult with a lawyer and consider filing a complaint.

Part 2 of 2: Responding to Arrest

  1. 1 Know when you might be arrested. The police can arrest you during a traffic stop under the following conditions: if the policeman personally saw the fact of the crime or he has a probable reason for the arrest. When a police officer has a "reasonable guess based on facts and circumstances that the person has committed or is about to commit a crime, the officer may arrest the person."
    • For example, if you are driving a car uncertainly, violating traffic rules, a police officer may conduct a blood alcohol test. If the test shows that you have been drinking alcohol, the officer can arrest you. If an officer sees drugs in the passenger compartment during a stop, then he will have a suitable reason for the arrest.
    • Make sure to get arrested. Ask if you can be free. Find out on what basis you are detained if the answer is negative. After that, it's best to shut up.
  2. 2 Know what the police are allowed to do during and after an arrest. If you are arrested, then the police may take the following actions based on the fact of the arrest:
    • search of your body and clothing.
    • search of your belongings.
    • search your car if you were in it during the arrest.
    • check, for example, driving in a straight line.
    • ask you questions. Please note that you are not required to respond as you have the right to remain silent.
    • If this happens to you, be calm and cooperate fully with the police.
  3. 3 Know your rights. The police should read the Miranda Rule to you before asking questions after your arrest. This informs you of the right to remain silent if you are asked questions, since everything you say "can and will be used against you." The police cannot threaten you or force you to speak or testify in any other way. If this happens, notify your lawyer immediately.
    • If the police start asking you a lot of questions and you think you will be arrested (you will most likely have a good idea of ​​this), it is best to stop talking. If you are about to be arrested, just shut up. Anything you say before being arrested can also be used against you.
    • If the police question you without reading the Miranda Rule, the statements you make cannot be used against you in court. Be aware that the police will question you over and over again, even after the rights have been read to you. The police are allowed to persuade you to talk. They don't have to be honest with you after reading your rights.

Tips

  • If you think that your rights have been violated or that you have been the victim of an illegal search, contact a lawyer later and discuss whether you have a reason for a claim.
  • Don't get involved in a fight or resist a search if an officer searches your vehicle even though you have not given permission to do so and (as far as you know) has no probable reason.
  • Contact the officer politely, even if you refuse to search the car. Say something like, "Officer, I'm sorry, but I don't agree to any kind of search." You can stand firm in your rights, but maintaining respect is the path to maintaining a calm and controlled environment.It will also help defuse a dangerous situation if the officer is initially hostile.

Warnings

  • Don't try to escape from the cops. It might seem like a fun idea to be on TV in a couple of hours while the news and police helicopters chase you, but rest assured that this situation will end in disaster for you. They will still catch you and will not have sympathy after you have posed a threat to society.
  • Do not use profanity and obscene language. Plus, never tell an officer that you know your rights. Show it by staying calm even under pressure.
  • Do not carry open containers of alcohol in your vehicle as you may face an additional “driving under the influence” charge. The passenger can travel with an open container. If you've just shopped at a liquor store, place them in your trunk to protect yourself in the event of an accident. If the bottles break in the cabin, the officer may suspect you of drinking.
  • Do not carry illegal or dangerous items on you or in your vehicle. This can lead to detention and subsequent arrest.