10 Things to Remember If You’re Stopped by the Police

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If you are in a car, keep your hands on the wheel. If you are not in a car, keep your hands out of your pockets. In both situations, don’t reach for things in your jacket or pants or bag unless instructed by the officer that stopped you. Overly cautious? Sure. But better safe than sorry.

Whether you have been pulled over in car or stopped walking down the street, don’t start the talking. And especially don’t begin by saying, “I didn’t do anything wrong.” Allow the officer to initiate and navigate the discussion and keep your answers as brief as possible. That way you won’t say anything you shouldn’t and you won’t feed any speculations.

Seriously, try not to convince yourself this is going to be a battle and get yourself worked up before your exchange even begins. Hardly anyone likes being approached by police so stay calm. Take a breather and know this is just one single moment in time. Getting amped up isn’t going to make things any easier.

In order to do a full search of your vehicle or your body, an officer needs probable cause. If they see or smell something that could be illegal then they do have the authority to search you. If an officer asks your permission to search you or your car, you do not have to say "yes." (If they have probable cause, they will not be asking you, they will be telling you.)

If they do not have probable cause, assert yourself and simply say, “No, I do not consent to a search.” They might still do a search, and if they do, continue to say, “I do not consent to a search.” Take note of the officer’s name and badge number and report them as soon as you are able.

In case you haven't heard, our criminal justice is imperfect, which means cops make mistakes and innocent people are charged or accused of crimes they have not committed. With this is mind, being rude and obnoxious isn’t going to make the situation any easier for you or move things along any more quickly. It sucks when police act superior, as if they are not public servants. Nobody deserves to be unfairly judged or made to feel afraid of those who are meant to serve and protect.

Stay focused. If you didn't do anything wrong, you should feel confident, calm, and in charge of the situation. How you manage and act throughout this encounter will play heavily into whether or not you end up going home or going to jail. Be polite and as respectful as possible. Innocent people are less likely to act squirrely. 

You do not have to talk to the police, but if you do, be honest. Remaining silent isn’t illegal, but lying to law enforcement can be grounds for arrest, depending on the situation. Stay on the up and up and don’t lie about your name, or anything else for that matter.

Legally, you are not obligated to answer any questions, or say anything. Some states do mandate that you must give your name, and if you’re driving you will need to present license and registration, but nothing more is required of you. (Thank you, Fifth Amendment.) If the police insist on speaking with you even after you have asserted your Fifth Amendment right, simply state, “My lawyer can answer that question.” Even if you are arrested, especially if you are arrested, you still have the right to remain silent. Call a lawyer and keep it zipped until he or she arrives.

Ask if you are being detained or arrested. If you are informed that you are neither, tell the officer that you would like be getting on your merry way. You cannot be hassled indefinitely. If there is no real reason for them to be talking to you, then there is no real reason you need to stand around and talk to them. Don't just walk away, otherwise you will be detained.

This is a tough one, especially when you’ve been harassed by the police before. When you get stopped by police, you are no longer 100 perent in charge of the situation. You are required by law to follow logical directions. If at any point the officer takes their authority out of line, or is inappropriate or violent with you, do your best to maintain confidence, get their name, identifying badge number and/or their car number. Try to talk to anyone who might have witnessed what happened. Just because we suggest cooperating with an authority, does not mean they should get away with treating you like a chump.

If you are a non-resident in the United States (either visiting or living here for a short time or a legal alien, whatever the case) all the rights afforded to United States citizens are afforded to you also. The only time these rules are subject to change is at United States border crossing and airports.