Police Searches and Traffic Stops-Know your Rights!

Police officers are generally depicted as public servants, but they can be your worst enemy. Just because you or your children didn't know they had rights and gave up those rights by talking to a police officer or a federal agent without an attorney, could cost you dearly and change the life of you and your family forever! The Supreme Court has recently ruled that you shouldn't talk to a police officer without a lawyer, this should include not talking to a police officer or a Federal agent during a traffic stop, in public or at jail.

Educate your children, because kids have rights. If you're under 18 - CLICK HERE

What To Do If A Police Officer Stops You

To stop you a police officer must have a specific reason to suspect your involvement in a specific crime and should be able to tell you that reason. This is known as reasonable suspicion. Most times the reason you will get pulled over will be for some type of "traffic violation," such as speeding or maybe a tail light is out. Although the stop may seem wrong or unfair, the police believe they have a reason to stop you. Throwing a cigarette butt out of your car window is a reason for the police to pull you over, ticket you for littering and then start asking you all sorts of personal questions.

Your Rights During a Police Encounter. Know how to protect yourself from the police:

Rule #1 - Never Talk to a Police Officer. Keep your mouth shut and don't complain! (The only question you must answer when a police officer ask is, your name, address and date of birth.) Instead of telling the police officer this information, simply give him your drivers license or I.D. card and say "I will not answer any questions." All the information the police officer needs to know about you can be found on your drivers license, so volunteer no more information to a police officer!

Rule #2 - Never Talk to a Police Officer. A new law says you must tell the police officer "I will not answer any questions or talk to you," after that "Keep your mouth shut!" New Law (How can you be falsely accused and charged with something if you don't say anything?) Remember anything you say or do can and will be used against you at any time by the police. Police have put innocent people in prison, just because of a few words that were said to a police officer.

Rule #3 - Safety. Never bad-mouth a police officer. Stay calm and in control of your words, body language and your emotions. Always keep your hands where the police officer can see them. Don't run away and never touch a police officer!

Rule #4 - Just Say NO to Searches! Refuse to consent to police searches. Remember if a police officer didn't need your permission, he wouldn't be asking you. Never give permission to a police officer to search you, your car or your home. If a police officer does search you, don't resist and say I don't consent to this search.

Rule #5 - "Am I Free to Go?" As soon as the police officer ask you a question ask him "Am I Free to Go?" If you are being detained or arrested, tell the police officer that "I'm going to remain silent and would like to speak to a lawyer." New Law

Ask for a supervisor. If all else fails and you feel the police officer is abusing your rights, ask him to call his "supervisor" to your location. "Some states you don't have this right, but it's worth asking."

Anything You Say Can And Will Be Used Against You

There's no such thing as a "friendly chat" with a police officer. Do not let the police officer persuade you to talk. The police officer may not like this and challenge you with words like, "If you have nothing to hide why won't you speak to me?" Just like the first question you don't have to answer the second question. A police officer may tell you that by not talking will only make things worse for you or the police officer might say he will go easy on you if you talk to him, but this is not true! The government made a law that allows police officers to lie to you. Another reason not to trust the police!

You have every right NOT to talk to a police officer, and you shouldn't speak to a police officer unless you have first consulted with a lawyer who has advised you differently.New Law. " The police depend on fear and intimidation to get what they want from you. So be as nice as possible, but stand firm on your rights! Also read the Fourth & Fifth Amendments of the U.S. Constitution

The Supreme Court has ruled that as long as a police officer doesn't force you to do something, then you're acting voluntarily. That means if the police officer is intimidating and you do what he ask because you're afraid of him, you still have done it voluntarily.(Florida v. Bostick, 1991) If you do what a police officer ask such as "allow him to search or answer his questions," you are 'voluntarily' complying with his 'requests.' So don't comply, just keep your mouth shut and don't consent to a search.

Traffic Stops

When pulled over by a police officer the first thing you should ask is "hello officer, why did you pull me over?" THEN KEEP YOUR MOUTH SHUT! Police officers have a routine during traffic stops. Some police departments have a "10 step check list" on what to do and ask you. Police officers like to ask the first question and that is usually "do you know the reason I pulled you over today?" The police officers is trying to get you to do two things, admit guilt to something and for you to "voluntarily" start a conversation with him.

Let the police officer do all the talking and asking you the questions, but you don't have to answer any question if you choose not to. Just remember innocent people have ended up in prison just because they talk to a police officer.

On a traffic stop the police officer will ask you to show him the usual documentation "papers please," such as your driver's license, registration and proof of insurance.

The police officer might start asking you "personal questions" such as where are you going, where have you been and who did you see, ect. At that point it's the perfect time to exercise your rights by asking the police officer the second question, "AM I FREE TO GO?" There is NO legal requirement that citizens provide information about their comings and goings to a police officer. It's none of the police officers damn business!

Passengers in your vehicle should know their rights as well. Passengers shouldn't talk to the police officer either. But they must inform the police officer they will not talk without without a lawyer. New Law

How long can a police officer keep you pulled over "detained" on a traffic stop? The Supreme Court has said no more than 15 or 20 minutes is reasonable amount of time for a police officer to conduct his investigation.

Remember that the police officer is not your buddy and he's not going to become a new friend, he's on a "fishing expedition" to find something against you! They have nothing criminal on you, so they're looking for anything while they have you pulled over. It's the police officers burden to prove that you have broken a law, so bite your tongue and keep your mouth shut!

A good time to ask "AM I FREE TO GO," is after the police officer has given you a "warning" or a "ticket" and you have signed it. Once you have signed that ticket the traffic stop is legally over, says the U.S. Supreme Court. There's no law that requires you to stay and answer questions or talk to a police officer. After you have signed the ticket ask the police officer, "AM I FREE TO GO?" If he says yes then leave.

Car Searches And Body Searches

Remember the police wouldn't be asking if they didn't need your permission to search! "The right to be free from unreasonable searches is one of America's most precious First Liberties."

Police officers swore an oath to uphold the U.S. Constitution and not to violate your rights against unreasonable search and seizure. If a police officer ask or tries to search you, your home or your car, say repeatedly "I DON'T CONSENT TO THIS SEARCH."

Denying a police officers request to search is not an admission of guilt, the officer may tell you that if you have nothing to hide you should allow him to search. Wrong! Repeat politely to the officer that you don't consent to the search.

The police officer is allowed to handcuff you and/or detain you in his patrol car for his safety. Don't resist or you will be arrested! There's a big difference between being detained and being arrested.

Say nothing in the police car! Police will usually record your conversation inside the police car, so say nothing to your friend or the police officers while in the car.

You DON'T have to give consent to any law enforcement officer to search your vehicle or home. While you DON'T have to consent, bear in mind that the expectation of privacy in a car is less than the expectation of privacy in your home. Based in part on the lessened expectation of privacy in a car, law enforcement officers are permitted to conduct a warrantless search of a car if the officer has probable cause.

Just because you're stopped for a traffic violation does not allow the police officer to search your car, however if the officer saw you throw an empty beer can out the window that may be sufficient probable cause to search your car. If the officer "thinks" he smells marijuana odor coming from inside your car or sees weapon or drugs in plain site, then the police officer may use that as "probable cause" to search you car.

Police Pat Downs...

For the safety of police officers the law allows the police officer to pat down your outer clothing if you're being detained. The officer may only pat your outer clothing to see if you have any weapons. If the police officer feels something that could be a weapon, then the police officer can go into your pockets and pull out the item he believes is a weapon.

A police officer may ask or even demand you empty your pockets, but you have the right to say NO am I free to go? The only time a police officer should be pulling personal property out of your pockets is when you're under arrest.

If the Police Knock at Your Home-You Don't Have to Open the Door!

If the police knock and ask to enter your home, you DON'T have to open the door unless they have a warrant signed by a judge. If you open your door the police are trained to step in very quickly and you surely don't want to invite the police into your house. Such an invitation not only gives the police officers the opportunity to look around for clues to your lifestyle, friends, reading material, etc; but also tends to prolong the conversation.

There is no law that says you have to open your door to a police officer. Don't open your door with the chain-lock on either, the police may shove their way in. Simply shout to the police officers "I HAVE NOTHING TO SAY."

Guest and roommates staying in your home need to be aware of their rights and told not to open the door to a police officer or invite them into your home without your permission. Never open the door to a police officer!

Never agree to go to the police station for questioning. Simply say, "I HAVE NOTHING TO SAY"

* In some emergency situations (like when a person is screaming for help from inside your home, police are chasing someone into your home, police see a felony being committed or if someone has called 911 from inside your house) police officers are allowed to enter and search your home without a warrant.