CARS AND COPS

100 ‘most asked ‘  questions

CAN THE POLICE SEARCH MY CAR AT A TRAFFIC STOP?

Yes.

The Supreme Court has given the police carte blanche to search your car if the stop is lawful.

The Supreme Court has gone so far as to say the police can search your car because you drove without your seat belt on.

They can search your car incident to arrest.   They can search your car as an inventory search.  They can search your car for a host of reasons.

The bottom line is this: if an officer has any legal reason to stop you, he can search your car.  The days of expectations of privacy in an automobile are long gone.

The only chance you have of suppressing the search is if the stop itself was unlawful.

CARS AND COPS

100 ‘most asked‘  questions

IF I’M DRIVING DO I HAVE TO STOP?

Yes.

If a cop signals you to pull over, pull over.

Failure to stop is a big mistake.

At the least you can be charged with a misdemeanor, resisting arrest without violence.

At worse aggravated fleeing.

Once the officer turns his siren on and activates his overhead lights it becomes a felony.  If the cop follows you at a high rate of speed it becomes aggravated fleeing usually with a minimum mandatory prison sentence.

Some cops will set you up for prison by turning on their pursuit lights and cruising behind you. Don’t confuse his lights with Christmas! It’s an invitation to prison.  Some cops play this game a lot, they win, and you lose.

CARS AND COPS

100 ‘most asked‘  questions

WHEN IS A BORROWED CAR A STOLEN CAR?

Answer: when the owner says so.

If the rental car is overdue the rental company makes a call to the police and tells them it’s stolen.  A rental car kept beyond the term of your rental agreement becomes a stolen car.  Congratulations, you are now driving a stolen car.

If your girlfriend, neighbor, friend, or family member wants the car back and calls the police and declares it stolen…….Bingo…. you now are driving a stolen vehicle.

Avoid this problem by respecting the owner’s wishes and keep in regular contact with the owner. Call the rental car company if you need to extend the agreed return date.

CARS AND COPS

100 ‘most asked ‘ questions

SHOULD I “BLOW” IF I’M ARRESTED FOR DUI?

Most of my clients answer a resounding NO after their first arrest for DUI.  Here’s why…

Refusing the breath/alcohol test and roadside sobriety exam will expose you to harsher penalties….if you are convicted.    In some states it’s a misdemeanor to refuse to blow.

On the other hand, the state can, and will, use your breath and the video to convict you.  By submitting to a breath test and a roadside sobriety examination you are providing evidence which will be used to convict you.

The state cannot convict you without evidence.  The breath results and the video are almost always enough to convict you.

CARS AND COPS

100 ‘most asked ‘ questions

IF A PASSENGER HAS MARIJUANA, DO I GET ARRESTED?

Arrested, yes.  Convicted?

To convict you of possession the state has to prove beyond a reasonable doubt that you had knowledge and actual or constructive control of a controlled substance.

You don’t want the upfront experience of listening to lawyers argue over the fine distinctions between actual or constructive control, dominion, reach, knowledge.

You’re certainly foolish, perhaps crazy, to remain in a vehicle when anyone in the car has a controlled substance.  If a cop pulls the car over, your other passenger is almost certain to throw it under the seat, or on your lap, or out the window.  Then it’s anybody’s game.

Do not ride in a vehicle if anyone in the vehicle has a controlled substance. They have to get out.  If they don’t get out of the car then you get out of the car.  The End.  No discussion.

POLICE CONTACT          

100 ‘most asked ‘ questions

DO I HAVE TO TELL THEM WHAT I KNOW?

No.

The only time you have to speak is if you are ordered to do so by a judge, in court, with your attorney present.

Once you begin to tell the police what you know you expose yourself to criminal charges of obstruction of justice, impeding a police investigation, filing a false police report, perjury, and a host of other criminal charges.

By remaining silent you are not exposing yourself to criminal liability for misstating or mistaking what you know from what you think you know.

You need to speak with a lawyer. You can cooperate in an investigation later if you want.

POLICE CONTACT              

100 ‘most asked ‘ questions

CAN THE POLICE LIE TO ME?

Yes.

The Supreme Court has said it is okay for the police to lie to you in the course of an investigation.  That’s a big WOW isn’t it?

Does that mean the police can lie to me when they tell me that they have a confession from someone else and I’ve been implicated? Yes.

Does that mean the police can lie if they tell me they have a picture of me in a compromising criminal act?  Yes.

Does that mean the police can lie if they tell me they have my fingerprints? Yes.

Gee, my Mom never lied to me like that.

The police are not your mother.

POLICE CONTACT             

100 ‘most asked ‘ questions

WHAT IF I RUN?

Running away can be considered as an indication of guilt.

If an officer issues a command for you to stop you must do so. You do not have to cooperate or assist the officer in obtaining information which can lawfully empower him to arrest you.

If an officer commands you to stop you can consider yourself detained. All of your constitutional rights attach to the circumstances and subsequent actions of the officer. That means anything that happens after the issuance of the “stop” command by the officer is subject to review by a judge.

So if the officer says stop: stop. At that point exercise your right to remain silent and your right to counsel.

You gain control of the situation when you follow the law. Running is always an unwise response.

Remember the law can protect you if you know the law.

POLICE CONTACT              

100 ‘most asked ‘ questions

SHOULD I OPEN THE DOOR IF THE POLICE KNOCK?

Only if they have a warrant.

If they don’t have a warrant and force their way in, then let a judge sort it out.

If they are in, just remain silent and comply with any command (sit still) .

Do not give them permission to search, even if the situation looks hopeless.

Remember that a lawful search is only admissible if:

1. you give them permission,
2. the police have a warrant,
3. “exigent circumstances” exist.

To preserve the issue for a judge NEVER agree to a search.

POLICE CONTACT              

100 ‘most asked ‘ questions

WHAT SHOULD I DO IF I AM BEING QUESTIONED BY THE POLICE?

 Do not answer questions, do not volunteer.

Tell the police that you will not answer any questions without an attorney present.

It is the most natural thing in the world to try to defend yourself when you’re being accused of a crime.  And that’s okay, and that’s how it should be.

The thing to remember is time and place.

The time of your arrest, it is not the place to defend yourself.  You cannot talk the police out of arresting you.

The correct time and place is in a courtroom.