OFF THE WIRE
If you are pulled over by the police, here's what to do and say.
If you are pulled over by the police, you will be in a much better
position to challenge your ticket in court if you take a few simple
steps. Here are some suggestions.
When You See the Police Car
If a police car is following you with its siren blaring or emergency
lights flashing, pull over to the right safely and quickly. Pull over in
a way that will be most likely to calm down an angry or annoyed traffic
officer. Use your turn signal to indicate any lane changes from left to
right, and slow down fairly quickly, but not so quickly that the
officer will have to brake to avoid hitting you. Pull over as far to the
right as possible so that, when the officer comes up to your widow, he
or she won't have to worry about being clipped by vehicles in the right
lane.
By stopping as soon as you can, you'll have a better chance of
figuring out exactly where the officer says you committed a violation.
You may want to return to that area later to make sure the officer was
telling the truth about how he or she judged your speed, saw your turn,
or witnessed any other violation.
Right After You Stop
After you've pulled over to a safe spot, you might want to show the
officer a few other token courtesies. At this point, you have little to
lose and perhaps something to gain.
First off, roll down your window all the way. You may also want to
turn off the engine, place your hands on the steering wheel, and, if
it's dark, turn on your interior light. This will tend to allay any
fears the officer may have. (After all, police officers are killed every
day in such "ordinary" traffic-stop situations, and the officer's
approach to the vehicle is the potentially most dangerous.)
Don't start rummaging through your back pocket for your wallet and
license, or in your glove compartment for your registration, until the
officer asks you for them. For all the officer knows, you could be
reaching for a gun.
If you are at all concerned that the person who stopped you is not
actually a police officer (for example, if the car that pulled you over
is unmarked), you should ask to see the officer's photo identification
along with his badge. If you still have doubts, you can ask that the
officer to call a supervisor to the scene or you can request that you be
allowed to follow the officer to a police station.
Avoid Giving the Officer an Excuse to Search
A police officer is normally not allowed to search your vehicle.
However, there are several exceptions to this. An officer who observes
you trying to either hide something under the seat or throw something
out the window may legally search your car. Once cops are on your rear
bumper with his spotlight silhouetting your every move, they're watching
for any sort of furtive movement. A sudden lowering of one or both
shoulders will tip them off that you're attempting to hide something
under the seat.
If the officer has a reasonable suspicion you are armed and
dangerous, he or she can frisk you (pat you down). Similarly, if the
officer reasonably suspects that you are involved in criminal activity
he or she can also perform a pat down, and if police officers have
probable cause -- a reasonable basis or justification to believe that
you or your passengers are involved in criminal activity -- they can
search your car and objects belonging to passengers.
Even if the officer doesn't have reasonable suspicion or probable
cause, once you are stopped, a police officer may seize any illegal
objects in your car that are in "plain view." Once they see the object,
such as open beer or wine bottles or drug paraphernalia, they can open
the car door to reach in and get it. After that, they may come across
other objects that are in plain view and shouldn't be in your car, and
they can seize these, too.
Lastly, your car may also be searched if you or any occupant is
arrested. Also, if you're arrested and your car is towed, the police may
make an "inventory search" afterward, even if they have no reason to
suspect there is anything illegal inside.
Should You Get Out of Your Car?
An officer who stops you for an alleged traffic violation has the
right to insist that you and your passengers get out of your car. You
should do so if asked. Also, getting out of your car may make it easier
for you to check road conditions, the weather, and the place the
violation supposedly occurred.
However, many police officers prefer that you stay in your car and
will tell you to stay there if you start to get out. If this happens,
obviously you should cooperate. If you get out of the car against the
officer's orders, don't be surprised to see a gun pointing at you. Cops
are trained to expect the worst. When you get out of your car, they may
assume you're about to pull a weapon or attempt to flee.
If an officer has any reason to believe that you might be dangerous,
he or she has a right to conduct a quick "pat-down" search of your outer
clothing while standing next to you, to make sure you don't have a
concealed knife or gun. If the officer feels any weapon-sized object
during the pat-down search, he or she can reach in and get it. Also, the
officer's good faith belief that you may be dangerous justifies a
search of the passenger compartment of your car for weapons.
Talking to the Officer
Many people stopped by an officer make the mistake of saying the
wrong thing to him or her and failing to say the right things, and a
case can be won or lost depending on what you say -- or don't say -- to
the officer.
Don't speak first. Especially don't start off with a defensive or
hostile "What's the problem?" or similar words. Let the officer start
talking. He or she will probably ask to see your license and vehicle
registration. Many people make the mistake of insisting the officer tell
them why they were stopped before they'll comply. Don't make that
mistake. Reply "okay" or "sure," then hand over the documents.
One of the first things traffic cops learn in the police academy is
to decide, before leaving their vehicle, whether they're going to give a
ticket or just a warning. They may act as though they still haven't
made up their minds and are going to let you off only if you'll
cooperate. Don't fall for this. The hesitating officer may be trying to
appear open-minded in order to extract admissions out of you, to use
them against you in court if necessary. The strategy is to try to get
you to admit either that you committed a violation or that you were so
careless, inattentive, or negligent that you don't know whether you did
or not.
The officer might start by asking you the sort of question whose lack
of a definite answer would imply guilt, like, "Do you know why I
stopped you?" Or, he or she might ask, "Do you know how fast you were
going?" Your answers, if any, should be non-committal and brief, like a
simple "No" to the first question or a very confident, "Yes, I do," to
the second. If the officer then tells you how fast he or she thinks you
were going or what he or she thinks you did, don't argue. Give a
noncommittal answer, like, "I see," or no answer at all. Silence is not
an admission of guilt and cannot be used against you in court.
For further information about police stops, see
The Criminal Law Handbook: Know Your Rights, Survive the System, by Paul Bergman and Sara J. Berman (Nolo).