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You’ve
Been Stopped by the Police!
Now What?
First in a series
There’s
nothing more scary than being stopped and questioned by a police officer.
However, experience has taught that common mistakes and our natural instincts
often take over and lead to arrest and conviction for crime. This doesn’t
have to happen to you. The following are some general guidelines that may
help you avoid being arrested in the first place, and, even if you are arrested,
avoid becoming a convicted criminal because of your own behavior at the time
you’re stopped by the police...
1. Don’t: Run away, or panic! The police have a right to stop you and make what’s called a “threshold inquiry” of your identity. The police are also trained to be naturally suspicious, so their making an “inquiry” of you is part of their job and not necessarily “out of the ordinary” to them. While it may be to you, don’t do anything to give them reason to “inquire” further, or “dig deeper.”
2. Don’t: Argue with or engage the police officer in conversation.
3. Don’t: Ask the police any questions. It’s none of your business. NEVER ask the police officer anything! You’re merely asking questions of them makes them suspicious.
4. Don’t: Start to “explain yourself” or what you’re doing or what you’ve been up to.
5. Do: Only if asked, tell the police your true name and address. It’s a criminal offense to give a false name.
6. Do: Only if asked, calmly give the police your driver’s license, passport, or car registration. They’ll get if from you anyways if you’re searched.
7. Do: Only if asked, give the police some innocuous reason about where you are going to, coming from, or why you are where you are: such as “on my way to or from home, work or school,” “just passing through,” “just taking a walk.” Unless caught red handed doing something illegal, the police officer is just as likely to tell you to move along, tell you to leave the area, point you on your way, etc. and end the encounter. “Furtive movements” or nervous conduct will heighten the officer’s suspicion and lead to further inquiry. Be calm and the encounter is likely to end sooner rather than later.
8. Don’t: NEVER TALK TO THE POLICE ABOUT DETAILS OF WHAT YOU’RE DOING, WHAT YOU’VE BEEN DOING, WHAT YOU PLAN TO DO! It’s none of their business! Even before any arrest, anything you say, can and will be used against you!!
9. Do: Remain silent and shut up! Even if asked questions, the natural tendency is to respond and answer. DON’T fall into this trap. At this point, the less police know, the better it is for you. If you’re threatened with arrest, don’t speak up, or even ask why you’re being arrested. The police have to tell you why anyway at some point. If challenged to explain yourself, or tell your story, or the police tell you that someone else said something about you, etc.: Keep Silent and Shut Up! Again, don’t fall into the trap of talking. The police at this point may not be telling you the truth, and may be trying to deceive you into making damaging and incriminating admissions. (They’re allowed to use deception as a part of investigating a crime!) If they take you into custody, or haul you to the police station, still say nothing, as they may not have enough reason to hold you (despite what they may tell you), you possibly can get bailed out in a few hours, and even if charged with a crime, they may not have enough evidence to make it stick in court. A huge majority of criminal cases are brought, and criminal convictions obtained, based only on the statements and evidence the defendant himself provided! A huge percentage of these statements are made before an arrest ever occurs and before Miranda rights are read.
10. Don’t: Struggle or put up a fight or resistence if searched. The police have the right to “pat frisk” a suspect at the scene to check for guns, knives or weapons primarily (and for their own safety). Contraband found in the process can, of course, be seized, but depending upon the circumstances, sometimes can be thrown out as evidence against you in court (sometimes it can’t). Struggling on the other hand leads only to additional, more serious, charges: resisting arrest, or assault and battery on a police officer. The police love to charge A&B P.O. if you so much as touch the officer. The courts also frown upon it and consider it a serious offense. Don’t let an incident grow into a lengthy laundry list of charges where the police “throw the book” at you. Silence and passivity are the golden rules to avoid this happening to you.
11. Don’t: Talk to or make gestures at anyone else. If you’re stopped and with someone else, or a group of people: Don’t talk to anyone, period. During an encounter with police, it’s the law of the jungle: every person for himself. It’s only your neck and record on the line. So don’t talk to anyone else or try and help anyone else, or explain things for anyone else. What other’s say, or say about you, is them talking–not you talking–which makes a huge difference in court. Resist your natural instinct to speak up, join in, tell your side of the story, etc. This is never the time to do so. You will have your chance later. Keep that in mind, as it will work to your advantage “to have the last word.”
If you are arrested
12. Do: If you are put under arrest, go along calmly and silently. You will be taken to the police station and “booked.” The police won’t beat you up or torture you unless you give them reason to do so by struggling or resisting. Remember, at this point, the entire police force and its fire power can be summoned against you, so putting up a struggle or a fight by yourself is sheer folly. Your chance to “fight” whatever you’ve been accused of doing will come in court.
13. Do: At the booking desk, give your true name, address, date of birth, mother’s and father’s name, etc., the “usual” booking questions. There is no reason to not provide this information and giving truthful answers will not be able to be used against you in court. False answers, however, will, and will also lead to an additional criminal charge, and may hold up your release on bail at the police station or in court when you are brought in for arraignment. The court can hold you in custody and deny bail until your true identity is ascertained.
14. Don’t: Take a breathalizer test if you’ve been arrested for drunk driving. If it’s an OUI charge, and you haven’t been drinking, or haven’t had very much to drink, take advantage of your right to obtain a blood test at your own expense from a physician or hospital. The police generally have to quickly release you on bail to allow you to exercise your right to the blood test. Breathalizer tests are unreliable. Even though you will lose your license for a period of time by refusing to take the breathalizer, the loss of license is a small price to pay for an unreliable but damaging breathalizer reading which will be extremely difficult to overcome in the minds of a jury in court at trial. Juries tend to believe the machine, unfortunately.
15. Do: Go along with the other booking procedures calmly. The police have the right to take your picture or mug shot and obtain your fingerprints. They can search your person, make you take off your clothes, turn over whatever you’re carrying on your person, etc. You can sign the booking sheet and the receipt for your property. Don’t sign anything else, however. You will eventually be placed in a holding cell. Do not talk to the police. Do not ask them questions. NEVER agree to submit to questioning, agree to make a statement or agree to sign a statement. Nothing like that you may do “to cooperate” or “help” will make it all go away or get it “over with” quicker. All it will do is make the police’s job of convicting you “over with” quicker!
16. Do: If you’re sick, on medication, or have been injured, ask for medical attention. The police have to provide you with medical attention and/or bring you to the hospital if necessary.
17. Do: Use your right to make a phone call. Let a relative or friend know you’ve been arrested and are at the police station. They may be able to come with money to bail you out or come to court with money to bail you out. They may be able to contact a lawyer for you.
18. Do: Hire a lawyer! If you can’t afford one, and the crime(s) you’re charged with carry a jail sentence (most do), the court will appoint you a lawyer. The court system is not a place to “go it alone.” Even a “bad” lawyer will do better for you than no lawyer at all. Obviously, hire the “best” lawyer you can afford and borrow money from family, friends, what ever, to pay to defend yourself on criminal charges.
Remember, it’s only you and your lawyer against the power and unlimited resources of the government. Your liberty, reputation and “record” for the rest of your life is at stake. Your defense to criminal charges is the most important thing you can do. A criminal conviction goes with you forever. There are very, very few “hopeless” and undefendable criminal cases, so you owe it to yourself to defend yourself and have a lawyer working on your side!
The above guidelines are just that: guidelines. They are suggested as the best, legal, way to avoid arrest and/or conviction or minimize whatever charges you may be accused of. The overriding principles to abide by are silence and calm, which are the exact opposite of what our natural instincts of fight or flight tell us to do when stopped by the police. Lastly, if you’re ever accused of a crime, always speak to a lawyer and ask to be referred to a lawyer with experience in criminal defense work.
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