HOWTO handle a police-stop
This week's installment: What to do if the police stop you.
Link1. What you say to the police is always important. What you say can be used against you, and it can give the police an excuse to arrest you, especially if you badmouth a police officer.
2. You must show your driver's license and registration when stopped in a car. Otherwise, you don't have to answer any questions if you are detained or arrested, with one important exception. The police may ask for your name if you have been properly detained, and you can be arrested in some states for refusing to give it. If you reasonably fear that your name is incriminating, you can claim the right to remain silent, which may be a defense in case you are arrested anyway.
3. You do not have to consent to any search of yourself, your car or your house. If you DO consent to a search, it can affect your rights later in court. If the police say they have a search warrant, ASK TO SEE IT.
4. Do not interfere with, or obstruct the police, as you you can be arrested for it.
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quick - someone go over to Instructables and explain the Little Brother reference, k? Lots of people over there don't get what these are about. :)
To add some information to #2, in many states, you must also show proof of insurance if stopped while driving a vehicle.
I might be wrong, but I think in California you have the right to know what you've been pulled over for before you turn over ID. Regardless, when it comes to traffic stops I have no problem kissing cop butt. Over the years, I figure I've saved around $1000 in traffic fines from ingratiating myself. I'm not proud, but I'm not $1000 lighter, either.
@3 - Funny, I do the same thing by not breaking the law.
not sure about the having a right to know what you're being pulled over for; but I do know that (in California at least) even if you don't give consent, your car and person can be searched if the police have reason to believe you are carrying an illegal substance or weapon.
On a related note: This is what state troupers would like you to do.
If you don't like clicking links it amounts to pull over in a safe and timely manner, shut off the ignition, put your hands on the steering wheel and wait.
Celynnen,
If the police have reasonable suspicion of illegal substance or firearms, you still need to make clear, preferably loud enough for a witness to hear, that you do not consent to the search. That way, if an officer finds something the burden will be on them to prove it was a legal search--if it was made under an unreasonable suspicion--ie. you have long hippee hair or piercings--then, theoretically at least, the charges will be thrown out.
Also, when giving your name, it is usually ok to give a false one, providing you have someone to corroborate that you use it as an alias, should it ever be found out.
People tend to cooperate on the grounds that they don't realise they've done anything wrong and want to get it over and done with as soon as possible, but if the cop is in a bad mood, you can almost certainly be detained for the slightest reason, in which case you really mustn't 'cooperate' because it could well end up in a charge. I highly recommend swiftly appraising the cop's character and play up to that. Sticking to business is the surest way: say what you need to and make clear that no disrespect is intended, but you will not say anything beyond the legal minimum or consent to any non-mandatory search.
@#4 - You should see if there's a Guinness category for Most Years Driven Without Ever Violating A Traffic Law. You could get a certificate and maybe even a cookie.
Chris Rock - How Not to Get Your Ass Kicked by the Police
http://www.youtube.com/watch?v=uj0mtxXEGE8
If you get arrested outside your home, don't walk back into it. I believe once you do so, they can search (or at least do a "plain sight" lookaround) without your consent or a warrant. Maybe another commenter can clarify.
@#8: PORK MUSKET made a point, and humorously. Maybe you should drive away safely, and legally.
I wonder if there's an award given for number of days gone without being sanctimonious on the internet.
@10 - this is correct. If you don't want the police scoping out your house, don't go into your house during an arrest.
In many jurisdictions, including San Francisco, officers do not have to present the physical evidence of a search warrant; it merely has to be on file with the court.
It's kinda funny how white people in the US need to know this stuff. We black folk have been aware of this for years. (grin)
If you are white, middle class and do not drink or drug then David Carroll @ 6 is correct. Pull over, put your hands where the cop can see them and co-operate. Unfortunately people sometimes conflate their own white privilege into thinking everyone else has the same deal. Not so.
I wonder if there's an award given for number of days gone without being sanctimonious on the internet.
Days?
For years I've carried a wallet card from the ACLU with basically this same information, though more detailed. Although I've read it many times I doubt I'll remember it when I really need to. What's worked for me is to have been justifiably terrified of cops at a young age and get 1 moving violation ticket in the following 30 paranoid years.
I always look left, right and rear view mirror before I do anything illegal. So what happens? I get busted by the DARE cop in a red SUV. I was mortified.
traffic doesn't count
Yeah my mom likes to glance around before doing ridiculous things in traffic. She's an aggressive, scary single-minded driver and can't hold a conversation while she's navigating, but boy can she merge into a two foot space. Or jump into a turn lane and speed to pass someone up. Or... various other things that have shaved numerous years off my life.
The 'white privilege' is insane. I have trouble believing the difference in treatment among races, and probably wouldn't if I hadn't seen it. Despite living in the South, the Metroplex is rather nice, but the cops are the same way everywhere. My uncle is routinely stopped on suspicion. Why?
Because he's Spanish / Mexican / Apache in just the right quantities to make him look Arabic. He's even worse with the goatee. When I was younger we got stopped and he was being really menaced by the cop, so I played Cute Little White Kid. I'm surprised they didn't arrest him on suspicion of kidnapping.
In most states, if you are stopped for a minor traffic violation, you have the right to give the officer a "bond card' (e.g. a AAA membership card) or even post a cash bond, instead of surrendering your license in lieu of posting a bond.
That said, few city cops will ask if you'd like to exercise this option, they just assume you are okay with handing over your license and "driving on the ticket".
You have to ask them.
If you live in the UK, the Bust card from Release may be useful.
I carried the print version (they used to hand out/ send out hundreds of them at festivals etc) in my wallet for years, until I stopped (regularly) smoking weed. Not sure if it was because I broke the law less often, or if I was just less paranoid...
Just showing that you know your rights can be a deterrent in itself- a relative of mine was stopped carrying a medium-sized amount of hash, and asked why she had been stopped, insisted on seeing the officers' warrant cards, etc.- the following search was pretty cursory, and found nothing.
This outfit is a great source of info...
http://flexyourrights.org/
http://www.flexyourrights.org/busted/movie_clips
In Minnesota we don't have "registration." If pulled over we're asked for license and proof of insurance.
So, if I'm pulled over in a state that has "registration" and I don't have any - am I in more trouble?
Tenn,
Your mother sounds like my astral twin. I drive like I just robbed a 7 Eleven. Not everyone knows that you can get an SUV up to 120.
if you conduct yourself mindfully, police are not part of your world. I, myself, do what I will.
Yeah but... Takuan you have that secret invisibility shield. We'd all like to have one of those.
...When we do what we will.
In Minnesota we don't have "registration."
How do you not have registration? Isn't that pretty important?
Not everyone knows that you can get an SUV up to 120.
Next time someone nearly runs me over in my little compact, I'll know who to mentally curse. :) 7 Eleven robber driving is a perfect description, though. Maybe you -are- her astral twin.
if you conduct yourself mindfully, police are not part of your world.
Taku-san, may I ask what color you are? I'm a sorta mostly white teenager and I get in some trouble for the whole being a teenager thing.
Good catch Tenn, I was wondering about that "we don't have registration", comment too. How about it wendizzle? I mean how does the gummint in MN keep track of who owns what car? (Don't even try to tell me they don't).
Next time someone nearly runs me over in my little compact, I'll know who to mentally curse.
I only do 120 in the deep desert beyond the Shield Wall. Once you're crossing the Funeral Plain, you can go 100 miles without seeing another car. Aren't you in Texas?
I only do 120 in the deep desert beyond the Shield Wall. Once you're crossing the Funeral Plain, you can go 100 miles without seeing another car. Aren't you in Texas?
So how often do you have to replant thumpers to guide the worms off your trail?
Sure, I'm just going to use you as an avatar. Occasionally. The female avatar is the lady who ran over Andi.
Dear Jake
Yes you do. A little forethought and judgment is all required. Remember that the function and purpose of police is not to stop "crime", rather they are around to keep it to the appearance of manageable proportions.
Thanks for the Busted link Beanolini (there's a sentence I never thought I'd type).
I was subjected to a random stop and search coming out of the train station a couple of days ago. I'd like to hear from anyone who has details of exactly what you're compelled to do and say under these circumstances. You get a carbon of the notes taken by the officer; there's a charming little set of tick-boxes that let you know which powers they were using and a breakdown of the restrictions on each one. Essentially it seems they can say 'Terrorism Act' and they don't need a reason to stop and search you.
I gave my name and address and showed them my bag and was allowed on my way - I imagine most of us would do the same. It just leaves a nasty taste in the mouth.
"Jake0748: I was wondering about that "we don't have registration", comment too. How about it wendizzle? I mean how does the gummint in MN keep track of who owns what car? (Don't even try to tell me they don't)."
We have a title that shows we own the car, but we're supposed to keep them out of our cars, tucked in safe deposit boxes or fireproof safes or in a pile of paperwork on the dining room floor etc. If someone broke into my car to steal it and the title was in there all they would have to do is take the title to the DMV and say they just bought a used car and now they own my car.
To make a long story longer, the state of Minnesota does not give us proof nor require we carry proof of car registration.
When someone is pulled over, the "gummint" as Jake0748 so eloquently put it, has a database that the police use after running the license plate. If the driver's license doesn't have the same name or last name as the database, I guess the police will have to take your word for it that you're driving Mom's car.
Wendizzle, fair enough. In all the states I've driven in, the deal is that the registration and the license plate are the same thing. (And I used to live in Iowa for a while, so no jokes please :) When you pay your yearly fee for your plate, you also get a slip of paper to keep in the car which has your plate number on it. I guess so they can tell if you just swiped somebody else's plate.
The title is a whole separate deal, and if you're still paying for the car you don't even have the title paper, it's kept by the financer of the car until it's paid off.
I'm not trying to argue with you. It' just a different system I hadn't heard of and I'm curious.
..harrumph!
Too many 'izzles, spoil the Shizzle.
(am I being greedy?)
Asterion,
Depends on US or UK. In the US I imagine you smile and bend over. In the UK, there isn't much you can do either. Ask what section is being invoked. It's usually section sixty, which normally must be declared in advance in a designated area. I think the whole of central London is under permanent section sixty. But it can't be random--they still need to present cause, no matter how flimsy. You should make sure to get a receipt, and if they make an excuse, try to take down their numbers and make a complaint. If you face prosecution as a result of the search, failure to comply with protocol should result in charges being dropped, barring 'exceptional' circumstances, of course. Also, unless the law has changed, you only have to give your name, although in practice they aren't letting you go until they have your birth date as well. Feel free to use an 'alias', address of a 'friend' etc. They will usually radio in your name and birthday, check if your wanted, then let you go. The records go in a massive, non-digitalised as far as I know, file.
If you're stopped on a random search, then many cops won't mind explaining what they can and can't do under the section they're invoking--nobody expects the searches to turn up anything, and the cops are just about as annoyed by them as you are.
For me, the question is how they make do without all that lovely money. Assuming that you register title, then yearly registration is just a shakedown for cash, isn't it?
"Jake0748: When you pay your yearly fee for your plate, you also get a slip of paper to keep in the car which has your plate number on it. I guess so they can tell if you just swiped somebody else's plate."
You are correct jake0748, the same goes for Minnesota, when re renew the plates/registration each year we do get a slip of paper, but it's considered a receipt for the registration stickers we put on the license plates.
I've never heard of anyone saving these receipts, at least for any length of time. If we have the stickers on the license plates, that is the proof that we paid for our yearly registration.I've never heard of anyone being asked for that receipt and I've been the passenger in a few cars that have been pulled over.