What to do if the police stop you

Being stopped by the cops is scary. This Instructable gives you everything you need to know to safeguard your rights when you are dealing with the police.

All of the information here is straight from the American Civil Liberties Union.

Step 1 General guidance for dealing with the police

1. 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.

Remember:
Think carefully about your words, movement, body language, and emotions.
Do not get into an argument with the police.
Anything you say or do can be used against you.
Keep your hands where the police can see them.
Do not run. Do not touch any police officer.
Do not resist even if you believe you are innocent.
Do not complain on the scene or tell the police they are wrong or that you are going to file a complaint.
Do not make any statements regarding the incident.
Ask for a lawyer immediately upon your arrest.
Remember officer badge & patrol car numbers.
Write down everything you remember ASAP.
Try to find witnesses & their names & phone numbers.
If you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first.

If you feel your rights have been violated, file a written complaint with police department internal affairs division or civilian complaint board, or call the ACLU hotline, 1-877-6-PROFILE.

Comments

[JamesHawke]

You mean DUI not DWI

#3 8 words from the left in ()

[Mstocker]

DUI and DWI are the same thing. "driving under the influence" and "driving while Intoxicated". they can be used interchangeably.

[traxxasslashman]

DUI,DWI, and I think the Canadians call it OWI, they all mean the same thing.

funny, it didn't mention keeping your hands on the wheel and not getting out of the car unless instructed to (this mistake could get you shot if the cop thinks you have a gun).

[glandu]

by any chance does your name come from the book little brother

[mlestina]

My impression is in the years following 9/11, people looked at cops as well as other emergency responders as heros. In addition to people being petty and complaining to them about petty things, cops now are stopping and citing people for littler and littler things, almost to the point that it is difficult to do anything. I find that troubling, as I believe that such conduct by the police ends up getting good people in trouble. A cop with not enough to do is a bad thing.

[tankgunner]

dont ever support the aclu! they are notorious for defending pedophiles,rapist's and murderers.

[boatingfun54]

They defend them, not get them off. Public defenders usually defend prdofiles and murderrs, not the ACLU. You may need your right to be narrow minded or some other right defended someday.

[frollard]

Doesn't matter if you love or hate a particular group - they still get legal representation.

Even deplorable, ugly, rotten, scum of the earth gets legal representation.  Thats how the courts work.

Imagine how you felt if you were wrongfully accused of pedophilia, rape, or murder.  Happens often...and if you couldn't afford help, the ACLU would be happy to help.

[Blacksmith Spader]

The ACLU is for everyone I hate those groups you just mentioned but I do believe that cops make mistakes too. I would hate to be hauled off for telling a cop where to shove it if he accused me of taking someone out when they live 3 states over.

[static]

You make it sound like that the ACLU defend pedophilia, rape, murder, when they do nothing of the sort. What they will do is support those accused of such when their right to a fair trial is jeopardized, by illegal actions of the law enforcement community.

[DrGabriel]

The ACLU has done a lot of good for the United States but has done a lot of bad too. There are other organizations doing the same kind of positive work who are more discriminating and better deserving of support. i.e. Alliance for justice.

[freethemall]

If you ever came into a situation where say the cop suggested he might not file you a driving ticket if you "entertained him", would that be illegal?

[cobra9]

I guess they meant Driving While Intoxicated - same thing

[whitt2]

If the policeman askes you if you know that you ran a red light DO NOT SAY YES. t This is admitting you did something illegal. Don't say anything.

[stustarkenberry]

I always ask if they understand why I stopped them. If they say no I will inform them. If they say yes then I ask for an explanation after all there is no such thing as a routine stop. We do not need a confession for a traffic citation, that is why you are told before signing that it is not a plea of guilt just a promise to appear on or before the date listed.

[Madrigorne]

I started the 4am shift here about 6 months ago - and since then I have been pulled over appx 1-2x/week for no reason. I don't speed, I don't drink, I am not driving erratically. I don't get tickets, although I have been breathalysed on more than 7 different occasions - thank god I stopped using mouthwash after the first stop. I always get let go after about 20 minutes of them going back to their cruiser and running my plates and making me late to work. They come back with 'your vehicle matches the description of a car that was involved in an altercation earlier this evening'. Well geez there must be a seriously bad girl driving aroind in a clone of my car ticking off the PD, or they are pulling me over -over and over- because its 3:00am and noone else is out at that Time. Except Me. Because I am on my way to work. And now I am going to be late - AGAIN.

[Samuraipanda]

My sister had the same thing happen to her back when we we in college. After my father went to the police barracks and requested to see the watch commander it was revealed by the commander that the trooper had been reprimanded in the past for harrassing women with unecessary stops.

 

[thughes208]

everyone hates a cop until you need one

[CybergothiChe]

run, fool!

[stephenniall]

BEST THING TO DO IF THE COPS STOP U IS DUNN DUNNN DONNN DONT DO ANYTHING ILLEGAL!!

[nature223]

that is HIGHLY unlikely..they follow you,you WILL break a law,just a matter of time. if I get followed,I find a store and stop there,safely. if they ask me why I stopped,I tell them simply:"is it now illegal to freely shop when,and where I choose,are you now detaining me?,I'll be glad to offer my Personal Identitification if you need to know who I am" then let them take it to the next level,but lock your car first,and put the keys in your pocket,before you do ANYTHING,and never have anything in plain view that looks suspicious. if they ask "hey is that a gun,knife,drugs?" tell them simply..."Sir/Ma'am,am I being detained,am I under arrest,May I go now?" to ANY of their questions...do not change that statement,and do not ever give consent to search,no matter if they threaten you with a police dog. the dog,if it's availiable will take at least a hlf hour to show,and if the cop holds you up for a half hour,wastes everyone's time,and they find nothing. you can render a complaint at his station/department. he looks like he's doing anything,but making people feel like he's on a powerplay,and wasting resources.

[forced_to_make_an_account]

Someone pulled over right outside my house once because a cop was following him. The cop stopped too, got out and went up and questioned him. He asked why he stopped; the guy said he stopped because the cop was following him. The cop was pretty pissed off. At some point he said, "you don't stop because I'm following you, you stop when *I* pull you over!" or such. He got the guy to come out of the car and do a sobriety test of some sort (I could only hear, not see). He eventually let the guy go without a ticket, but he was clearly pissed off that he didn't get to.

[static]

LOL, pretty obvious the officer was following the other driver, beyond normal traffic flow, or the officer would have went on his way.

[forced_to_make_an_account]

Oh, the cop was quite forthright about following the guy. Another thing I recall: before I had a license I used to go into a particular parking lot to practice parking for the driving test. I would go in the middle of the night when the lot was empty and there is no traffic. One time I pulled in and saw a car in the lot. I flashed my brights on it and saw that it was a cop! Of course I was pretty panicked because I didn't have a license, just a "learner's permit" which requires a licensed passenger. So I turned around, drove away, and he started following me! He was just waiting for an excuse to pull me over. I just kept on driving, being really careful to maintain my speed and drive perfectly straight, and when I got to the city line he stopped following and turned around.

[jaysbob]

no it is not just a matter of time. getting smart like that is also a terrible idea. Cops are people too, if you come out acting like a smart ass of course their going to react negatively. What you should do if you get pulled over or stopped is act courteous and respectful. Say "yes sir" and "no sir," don't get angry, and tell the truth. Even if you were doing something wrong. Most cops have seen enough to know when someones telling a story, and most will be more understanding if you just admit what you were doing. Cops don't get paid to harass people, their not going to waste their time on you if they don't think your doing anything wrong. It'll make the whole experience that much easier if you just admit your wrong doing and accept the punishment. Don't admit to something you didn't do, but if its just a speeding ticket or something similar, just accept it and move on. You're not helping anything by being an asshole.

[mwwdesign]

Agreed.

[GoatBoy]

>>> Cops are people too, if you come out acting like a smart ass of course their [sic] going to react negatively. That is a very interesting comment. You see, people come in all types. You have good people, and you have bad people. Good people do good things, bad people do bad things. Since, by your own statement, cops are people too, that follows that there are good cops, and there are bad cops. The question is, when you're stopped, which cop just stopped you? A good cop, or a bad cop? And this isn't that brain teaser where you get to a fork in a road with two guys, one of whom always lies and the other always tells the truth, and you figure out the right path to take with only one question. You don't know who just stopped you -- the liar or the truthful person. Would you feel comfortable handing your personal identification over to the liar? You know the police actually have a pet phrase for perjury? It's "testilying".

[Derin]

An example to a bad cop would be Frank Tenpenny ;) (GTA SA reference)

[hairydevil]

whats the answer to that riddle?

[nature223]

asking if YOUR actions are "illegal" isnt being a smartass,it's asking "just why are you following me?,is there something that makes me looks like I broke the law" unless your a cop and know of what you speak...please stop giving bad advice... you NEVER admit to anything,and never anything but "yes or no sir answers". and if they want to know more,you are NOT required to admit anything,even if your coming out the bank with bags in your hands.. you say nothing except:"I have nothing to say,I wish to speak to my defender/lawyer" you can have the cops play games with YOUR constitutional rights...and YOU can give up those rights by admitting to anything,your the fool and the cop "won"...I prefer court,to cops

[bettbee]

Let's even take it down one more notch. Calling a police officer anything but "officer" may actually give them the idea you respect them a little too much. People should be careful not to send signals that could trigger bullying behavior.

[jaysbob]

I'm talking about getting pulled over for minor offenses. no asking what you were doing wrong is not being a smart ass. but getting out of your car and asking "is it now illegal to freely shop when,and where I choose,are you now detaining me?,I'll be glad to offer my Personal Identitification if you need to know who I am" is most definitely being a smart ass. are you a cop? are you more qualified than I am to hand out advice?

[nature223]

do you have half the tickets and courtroom time I have? I still have no points on my license.

[jaysbob]

I've never once gotten a ticket. And my only court appearance was for a friend. I'd say my strategy works better than being a jerk in that respect.

[nature223]

see me after you broker probation before judgements,rather then a point hit on your Drivers license. on tickets when you do better then 25 MPH over the limit,I've beaten four at this point.... still no points

[jaysbob]

so you break the law on a regular basis? Ok, I see why you have a negative view of cops now. it all makes sense now.

[nature223]

if it is a STUPID law like an artifically low speed limit,for the purpose of REVENUE ENHANCEMENT BY A STATE ENTITY..yep,every trip of the train. and I'll fight them in court,pay my dues,and drive how the hell I want... notice;nothing more then a fender bender in over 24 years of driving,no DUI's,and NEVER a drug charge. HAD A CDL,Drove everything up to and larger then my license class. so I think I know a bit more then you think I do..

[valsteam]

Perhaps you could write an instructable about how to fight a ticket in court? I bet there are a few people here who could use that advice!

[tbenefi33]

What to do if the cops stop you if you have't done anthing don't worry about it but if you have get out and take off running through the woods go around in a circule about this time hes got the whole ploice force on you and the dogs looking for you, If you can get to the police car while there all looking for you Go for a Joy ride about this time your adrenalin is so pumped up who cares your going to jail anyway...LOL

[CyberBill]

You should be more specific about "if you are stopped in a car, give them your license". You are not required to give your drivers license to a police officer unless you are the DRIVER of the vehicle. Also, not providing information that the police requests that you are not required by law to provide does NOT make you 'suspicious', it makes you a citizen who knows your rights. If a police officer makes a request that you believe is across the lines of what an officer can ask for, ask the police officer if you are required to do it. For example, they are legally allowed to ask you to step out of the vehicle, but unless they arrest you or they have probable cause, they are not allowed to look inside of your vehicle. In order for them to legally pat you down, btw, they have to have probable cause. Police officers cannot stop people randomly on the street and pat them down.