So is it true even with a routine traffic stop NEVER answer the police?

I think the easiest way to get things done is to comply with them. Why fight it? I can hardly think of a time when not responding to a policeman was a good way of handling a situation.

You won’t necessarily look guilty. You should be considerate, polite, calm, and level-headed when dealing with police, but you should also be aware of and insistent on the proper execution of your rights. You are never required to consent to a search of your person or vehicle, even if you don’t have anything to hide. For more information on search and seizure and your rights in that realm, refer to the Fourth Amendment . It is also worth noting that your Miranda Rights do not apply until you have been arrested, so the right to remain silent is not in effect when you have only been stopped.

The best and most detailed explanation can be found at FlexYourRights.org . If you look at the site’s FAQ , you will find an explanation to @Magnolia21‘s “Why fight it?” as well.

You have rights because you’ve entered into a social contract with the government, who is agreeing to protect you without persecuting you. Your rights are there for a reason; never feel uncomfortable for asserting them and letting them protect you to the fullest extent.

Did you ever watch Cops ? I wonder what would happen if the (alleged) crack heads just said “No comment I want a lawyer” after the officer asked to look in the car.
In general I always think it’s best to be polite and tell the truth.
I once got pulled over for speeding while taking my kids and their friends shooting in the Southern Tier mountains. When the officer asked “Do you have any weapons in the car?” I answered honestly “Yes”. “How many?” “Um..7, no 8.” “Are they loaded?” “No.” “Ok, Thank you. Drive safely.” I didn’t even get the ticket I deserved. Would he have given me the ticket if I was difficult? Would he have asked me to step out of the car when he saw the guns?
In case you were wondering it is legal to have unloaded firearms in your car in my state so I was not breaking any laws.
Just tell the truth if you have nothing to hide.

@TitsMcGhee

I very much agree, and I am so tired with the old “if you don’t have anything to hide…” logic.

Whilst there are many good and honest policemen and women out there, there are just as many hotshots, youngbloods, idiots, a**holes, complex-riddled, self-rigtheous, etc. etc. etc. jerks that need to be reminded everyday that they are working for the public.

In this country, statistically speaking, cops are the most dangerous street gangs we have.

The general public should not feed them with letting them perpetuate the myth that just because Sheriff Thadeus Bartholomew wears a uniform anyone who doesn’t do his bidding is automatically “suspect”.

Know your rights…

@TaoSan: So if you’re in a crisis situation and you need police help; do you just call and say: ‘Help, but please don’t send any “hotshots, young bloods, idiots, a**holes, complex-riddled, self-righteous, etc. etc. etc.”?

I agree with your point, but the same can be said for most any profession, public service or otherwise. Power, real or perceived, does do strange things to some people. But as a rule, shouldn’t we feel profoundly grateful to those serve to protect (and receive a crappy salary in the process)? I suppose I’m asking if you think the benefit of the doubt is dangerous in and of itself?

I’d take my chances with a group of police officers over a group “street gangs” any day. I think the vast majority are honest people who are trying to do a good job. Yes, there are occassional bad apples we read about it every day. They are the ones who get the press – not the hardworking, honest ones who go home to their families every night thankful that a “customer” did not put a bullet in them.
I say treat everyone with respect. Only a few don’t deserve it.

@TaoSan
When your house gets broken into or you’ve been robbed, do you call the ‘most dangerous street gang’ in America? Or do you call up the Rollin’ 40’s Crip set?
You seem to be painting with a very broad stroke my friend.

And why are you sick of the ‘if you don’t have anything to hide’ schtick? If you don’t, then why would you not cooperate with police? Just to be a dink?
I’ve been arrested and detained because I matched the suspect description, twice in my life. Was I mad? briefly, but after an apology and a thorough explanation I was on my way.

I say be kind and courteous to the police. If you don’t have a dead hooker or 10lbs of cocaine in your trunk you have nothing to worry about.

No, the situations where “don’t speak to a cop” mostly do not apply to routine traffic stops, that is if you want to exit the stop with as little hassle as possible. Yes, it is sometimes suspicious when a person exercises their right to not speak, because there are more people who use this defense who are actually doing something wrong than there are people not doing anything wrong.

That said, you are free to answer with “I choose not to answer that,” “I’m not sure,” “I can’t really tell you officer cause I don’t remember.”, etc. But pick your battles. The officer can cause you immense delay if you choose to be a stickler and not say a peep. For someone who actually has nothing to hide, such as yourself, there is no reason or benefit to you by choosing to not talk to the police, other than it makes you look suspicious.

When talking with them, you have to decide whether to admit guilt or not. In a recent case where I was pulled over, I chose to admit guilt, and I was let off with a warning for two smaller items and the big item (the reason why I was pulled over) I got a jovial lecture about (the cop was a cool cat). But if you admit guilt, if you say you did know what speed you were going at, that’s it, case closed, you admitted guilt and they can give you a ticket and note that you admitted guilt in this case. This means you will likely not be able to get it reduced at court via the “radar gun calibration” defense or any other defense really. This is where you can use these weasel words, “I don’t remember,” etc. Of course, this may lead to other charges too. So sometimes it’s better to say “Yes, I knew I was speeding 5km/h over the limit.”

If they ask to search your car, you have the right to say no even if you do not have anything to hide. The simple fact is the police officer has seen something in your car that interests them, and they are asking you if they can look into that. You have the right to say no. If I were asked this, I would respond with, “May I ask why, officer?” and if I was not given a reasonable answer I would say “No you may not.” Of course, I keep my car clean and tidy so that there is no reason to suspect anything. But the simple fact is there is no need for that police officer to intrude into my car without a court appointed warrant.

Incidentally, is anyone else put off when someone says, “statistically speaking,” and then offers no statistics whatsoever?

@Michael, indeed.

For routine traffic stops, don’t be chatty. Answer questions directly saying as little as possible. If “yes” or “no” will do, then just say that. Unless you’ve piled up a lot of tickets over a short amount of time, the system is designed to let you off with as little punishment as possible. For example, a first-ever speeding ticket (like 5–15 mph over the limit) can usually be reduced to court costs only or even dismissed altogether.

For major investigations, well I have no first-hand advice. I would think that if you’re “involved” in the crime story in any way, that you should get a lawyer as a basic precaution.

Your right to remain silient does apply if you are being questioned by a Detective. And it is always good advise never to say anything except “I want a lawyer”

I think pretty much the opposite of everyone else. If you don’t have anything to hide, politely tell them to go fuck themselves. Do not allow them to search you, you don’t owe them shit. I mean, you don’t have to be rude and obnoxious about it, but police are not supposed to bully you just for the sake of the bullying, so don’t let them walk all over you. On the OTHER hand…. if you have some coke in the car, fess up and comply your ass off.

In most places, you are required to identify yourself to a police officer. If you’re driving, you can also be required to show a driver’s license, the registration of the car, and proof of insurance. Not complying in these particular matters is likely to make the situation much worse.

Also, @dynamicduo, in some jurisdictions (many? most? all? I don’t know) cars can be searched without warrants, because the alternative is detaining you for several hours while they get a warrant. The flip side is that if a judge later determines they did not have probable cause to search the vehicle, the evidence is inadmissible. In either case, it’s important to make it clear that you are not consenting to the search, because if you do consent to the search, the evidence is admissible whether the police had probable cause or not.

(And yeah, I’ve seen enough traffic stops or incidents on Cops where the smart thing to have done would have been to say, “I don’t consent to this search. I refuse to answer any questions without a lawyer present.”)

The thing to remember is that while there are many things you can do to make the police officers’ job difficult, while still being in strict compliance with the law, there are many things the police officers can do to make your life difficult, while still being in strict compliance with the law.

Cops CAN get your dander up. One time, as I was leaving a parking lot, I noticed there was a barricade NEAR the exit of the lot but not directly in front of it. So I went through. Turns out, it put my car perpendicular to a #$% St. Patrick’s Day Parade marching on the street. Cops surrounded my car and accused me of moving the barricade. Over and over I told them “no”. Finally they got me so disgusted I lost it and YELLED “Would I WANT to be here? Perpendicular to a parade? Why the $#% would I WANT to be here?”. They left without saying anything else.

(Hey! Why did my response print like that?) ^^^^^

@Mr_M – there may be some magic to the combination you used to describe the parade.

@Mr_M: The CIA and the police work hand in hand…maybe they’re watching you?

@Darwin , you may be right.

You want to be civil and do what the officer orders – i.e., if he tells you to keep your hands on the wheel, keep them there. Don’t answer any questions, though. For example, if he asks you, “Do you know how fast you were going?” you don’t have to answer. That is a self-incriminating question. He can use it to make a case against you if you take your ticket to court, WHICH YOU SHOULD if you have the means. If you think that being all contrite and humble is going to get you out of the ticket, fuhgettaboutit. Since he’s gonna write you up anyway, the less information you give him, the better off you are.

Many people have defended police officers and said that there’s no reason to deny police when they ask to search you just because it’s the easiest thing to do. It may be true that cooperation could be easy, but that still does not mean you have to. You are well within your rights to refuse a search. Here’s what FlexYourRights.org has to say in rebuttal to those things.

Isn’t refusing to let the police search me an admission of guilt?

No. If a police officer asks your permission to search, you are under no obligation to consent. The main reason why officers ask is because they don’t have enough evidence to search without your consent. If you consent to a search request you give up one of the most important constitutional rights you have—your Fourth Amendment protection against unreasonable searches and seizures.

A majority of avoidable police searches occur because citizens naively waive their Fourth Amendment rights by consenting to warrantless searches. As a general rule, if a person consents to a warrantless search, the search automatically becomes legal. Consequently, whatever an officer finds during such a search can be used to convict the person.

Don’t expect a police officer to tell you about your right not to consent. Police officers are not required by law to inform you of your rights before asking you to consent to a search. In addition, police are prepared to use their authority to get people to consent to searches, and most people are predisposed to comply with any request an officer makes. For example, the average motorist stopped by an officer who asks them, “Would you mind if I search your vehicle, please?” will probably consent to the officer’s search without realizing that they have every right to deny the officer’s request.

If for any reason you don’t want the officer digging through your belongings, you should refuse to consent by saying something like, “Yes, I do mind. I have private, personal items in my [car, backpack, etc.] and do not want you looking through them.” If the officer still proceeds to search you and find illegal contraband, your attorney can argue that the contraband was discovered through an illegal search and hence should be thrown out of court.

You should never hesitate to assert your constitutional rights. Just say “no!”

If I’m not doing anything illegal, why shouldn’t I let the police search me?

The sad fact is that most people believe that they are under some kind of obligation to acquiesce when an officer contacts them and asks permission to search them or their belongings.

The truth is the exact opposite—you have a right to associate with, and speak to, whomever you please. In this respect, there is nothing special about a police officer. Assuming you would not let a complete stranger look through your purse or search your pockets, why would you allow a police officer to do so—especially if you’re doing nothing illegal? Just say “NO” to police searches!

What if the officer says he’ll go easy on me if I cooperate?

Unfortunately, many people get fooled by some version of this commonly used police officer’s line: Everything will be easier if you cooperate. That might be true sometimes, but when it comes to consenting to searches and answering incriminating questions, it couldn’t be further from the truth.

Is Flex Your Rights anti-police?

No. we believe that most police officers are good, hardworking people who are doing a tough job. We need police to safeguard the life, liberty, and property of all people.

To do this best, police officers should be trained to serve as peace officers whose goal is to preserve people’s constitutional rights. In other words, the number of arrests an officer makes should not be a factor used to determine his job performance. Instead, performance should be measured by the officer’s ability to maintain a safe, peaceful neighborhood and earn the residents’ trust.

Aren’t you teaching people how to get away with breaking the law?

No. We teach people that they have rights, and these rights are secured by the principal documents protecting our civil liberties—the Constitution and the Bill of Rights. Our nation’s founders, who were keenly aware of the dangers posed by unchecked government power, created these documents to protect individuals from overzealous law enforcement officials.

For example, an informed individual who invokes his constitutional protections whenever a police officer asks to conduct a warrantless search is doing exactly what the founders intended. The catch is that these rights only apply if they are effectively asserted. Otherwise, people may knowingly or unknowingly waive these rights.

Long story short, if you are a law abiding citizen, warrantless searches are a violation of your privacy. Even if you have nothing to hide, you are under NO obligation to consent to a search when there is no court-issued warrant. You are not “being a dick” to the officer, you are not being “difficult,” and it has nothing to do with your guilt or the amount of deference and respect you show to the officer. It is simply YOUR CONSTITUTIONAL RIGHT, which you are free to exercise at any time. Anyone who just allows it to happen should brush up on their Constitutional rights and can save themselves a lot of time by simply asking ”Am I free to go?” the next time an officer asks if (s)he can search their property. It doesn’t matter what your opinion of cops is at all. THEY ARE YOUR RIGHTS – KNOW THEM, USE THEM.

@TitsMcGhee : That’s what I’m talking about!!!

I say the same exact things, yet sound like a rabid witch. This is true for all issues. I make sense to me, though, and that’s all that matters.

@ubersiren: I just wanted to make the point that you aren’t being a dick to cops or uncooperative or anything by refusing a search, you are just exercising your rights. The ideas of cops and authority just make people nervous, so they don’t think about their rights when the time comes. My things are my private things, and I don’t ever feel obligated to let a police officer go through them, regardless of if I have something illegal or embarrassing.

@TitsMcGhee : I know, you did a fantastic job. Giving actual references as opposed to me, who just spouts off at the mouth. I envy you. I have no self control.

Perfect comments @TitsMcGhee.

The concept of “why are you complaining, if you are not a criminal you have nothing to hide” is extremely flawed, and only serves to give more power to people appointed to be in charge. In a free society one should not be forced to consent to such searches no matter what. The burden is on the officer to prove why the search is warranted.

The simple fact is there have been many police misconducts, police abusing their power, police planting drugs on innocent people, etc, such that we cannot say guaranteed that every police officer is just and law upholding. I have never experienced any police discrimination, and all of my experiences with my Canadian police have been very positive. However I still know my rights and know when and how to inquire about them. But no matter how heated the situation gets, I will always let my cooler head prevail, and would never do something stupid like insult the officer or mutter threatening words, which just gives them the ability to arrest you for your conduct.

“Officer, are you arresting me?” “Then am I free to go?” is a polite way to use your rights.

The big thing about exercising your rights is always to use a civil tone and polite language.

@Darwin: Definitely. That goes along with the fact that you can show deference and respect to a law enforcement officer without consenting to a warrantless search.

If you are clean and white and drive a nice car feel free to say no to the police. But, if you are non-white, drive a POS car and are a member of the racially-profiled do so at your own risk.

@tinafaery
Thats a huge cop-out
so to speak.

Are you white? Have you ever been in a car when non-whites are stopped? I have, and let me tell you LAPD reacts VERY differently depending on the color of the people in the car.

Yes I am white.
I grew up in a rough and tumble neighbourhood.

I have been arrested and detained at gun point twice.
Forced to the pavement, up against the car etc..

I was accused of matching a suspect description. I was later released and apologized to.
Did I make a stink? Nope.

It happens, insinuating police only target non-whites in POS cars, is akin to saying Jamaicans and Mexicans are responsible for all our crime ills.

See? A little generalized don’t you think?

No one said that. Racial profiling does exist. You don’t have accept it, but it does.

@kritz_the_cat & @bythebay

I take it you have never been sitting in a ready room listening to 40 of your colleague’s tearing stupid jokes about how many people they’ll be giving a hard time today, or how that chick squealed when her hand nearly touched her ear from “behind” her back when you detained her, or how quickly that junky changed that attitude once he tasted baton, or how easy it is to turn a citizens aggravated state of mind into “police-assisted” suicide.

I have, and that’s all I have to say to that. Be happy, be very happy that you haven’t happened to be at the wrong place at the wrong time… yet

And as for the crappy pay, most big cities start at around 48k with some of the best benefits around, not that bad if you ask me.

@tinyfairy

not only “racial” profiling, depending on where you are anything from being educated to sporting tats can put you into the wrong “demographic.

I’m so tired of the “hero” banter. Want to be a hero? Become a firefighter.

@TaoSan True

@TaoSan yea firefighters are cool

I wanna be a fire fighter when I grow up. So far I haven’t been able to grow up, though.

And while some cops talk trash like that, there are decent ones out there.

Nonetheless, there really is such a thing as DWB (Driving While Black), which can be made much worse if you wear your pants so low your underwear shows and you like bandanas. Appearances really do count.

And then there is the difficulty that cops are not telepathic. You may know you are reaching for your license but the cop may think you are reaching for something else, especially if another cop was recently blown away. We just lost an officer last week, who leaves two kids and a wife, and who was standing in the median when a guy who didn’t want to be stopped by some other cops deliberately ran him over. You can bet traffic stops are going to be a bit more tense for a while.

You’re supposed to keep your hands on the wheel when a cop approaches.

@TaoSan:

Racial profiling? My profile incudes my race, Hello??

My not being in the wrong place at the wrong time has much to do with my ability to make sensible decisions.

A junkie tasted baton? I include that possibilty in my list of reasons to not become a junkie.

Constitution Lurve @TitsMcGhee

Those of you that suggest we just roll over to the state? Shame on you, you’re not making things easier for the rest of us.