Almost everyone has been pulled over by the police at some point in their life. How should a person act to try to avoid arrest? Before getting into the way you should behave during a police encounter, you should first try to limit contact with the police and reasons for the police to stop you. When driving, make sure all lights on your car are functioning properly, drive the speed limit, and try to obey all traffic laws, including using blinkers and coming to a complete stop at stop signs. Typically, the police use a minor traffic violation, like a light out or failure to signal, as probable cause to stop a vehicle they may suspect is up to something else. Don’t smoke marijuana, drink alcohol, or use drugs in your car. If the police see you drinking in your car, they will have probable cause to stop you and to search your car.
Now that you’ve been pulled over, here are some tips on how to act. Be polite and comply with requests like handing over your driver’s license, insurance, and registration. You are required to do this by law and failure could result in your arrest or a ticket. See C.R.S. § 42-4-1409(3)(a); § 42-2-101(3). However, any search of your car must be supported by probable cause. See Pennsylvania v. Labron, 518 U.S. 938, 940 (1996). So, if a police officer is asking to search your car, it is likely because he or she does not have probable cause to search your car. You have a Constitutional right to be free from searches and seizures that are not based on probable cause. See U.S. Const. Amend. IV. Consenting to a search waives this right. Forcing police to base searches on probable cause protects yours and everyone else’s Constitutional rights.
Next, you should be aware of your right to remain silent. See U.S. Const. Amend. V. Many police officers will engage in small talk after pulling a vehicle over to troll for information. They’ll ask questions like, “where are you heading tonight?” How you answer can determine whether you are arrested or not. Someone who acts nervous or can’t answer the question might make the officer think you have something hide. However, many people don’t realize they don’t have to answer at all. You have a Constitutional right to remain silent and not have that held against you. Most people understand this as the police will read me my Miranda rights and then I will remain silent. However, Miranda only applies to custodial interrogation. Miranda v. Arizona, 384 U.S. 436, 471 (1966). That means you must be under arrest or not free to leave and the police must ask you questions or make some sort of statement that is likely to illicit an incriminating statement. When the police pull you over for a traffic ticket and ask a few questions, you are clearly being interrogated but courts typically find that you are not in custody. When faced with a police officer that is asking a lot of questions, you can ask, “am I under arrest?” or “am I free to go?” The answer can later be used as evidence to determine whether you were in custody. Ultimately, deciding when to stop answering questions from a police officer can be a delicate balance. On one hand, you want to be polite and not look like you have something to hide. On the other, you don’t want to say something that could later be used against you. Look for questions that are asked to try to get you to admit some wrongdoing. For example, many officers will ask, “do you know why I pulled you over?”. Typically, the answer is “I was speeding” or “I didn’t use my turn signal”, a clear admission to a crime. In this instance, it’s ok to say you’d rather not answer.
What should I do if I am arrested? Once you’re arrested, you usually want to remain silent. In fact, you should tell the police you are invoking your right to remain silent and want to speak with an attorney (link to invoking silence blog). See Salinas v. Texas, 570 U.S. 178 (2013). Anything you say can be used against you. So, flipping out or yelling at the police could be used as evidence of your guilt. In addition, if you feel the police did something wrong (didn’t read you your rights or didn’t have probable cause to search your car), do not tell them and give them a chance to fix it. Let the police mess it up and tell your attorney, who will later tell the court if he or she feels there was a legitimate Constitutional or other violation. Once under arrest, the best way to protect yourself is to remain calm and clearly say to the police that you do not wish to speak with them and would like to speak with an attorney.
Comments