**Stopped In Your Car?
· STAY CALM and in control of your words, body language, and emotions.
· DO NOT get into an argument with the police
· NEVER disrespect or bad mouth the officer.
· Remember 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 know you are innocent. This will result in additional charges.
· DO NOT COMPLAIN at the scene or tell the police that 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 if you are arrested.
· WRITE DOWN the officer’s BADGE and PATROL CAR NUMBERS
· Record the details of the incident as soon as possible.
· Write down the Names and PHONE NUMBERS of any witnesses present.
· IF YOU ARE INJURED: take photos of your injuries immediately, but make sure you get medical attention first so it is a matter of permanent official record.
**Traffic Stops & What to Know:-
1. Upon request, YOU MUST show the Police both your driver’s license and proof of insurance.
2. In certain cases (probable cause), your car can be searched without a warrant. To protect yourself in the future you MUST state that you DO NOT CONSENT to a search or seizure of your property.
3. IT IS NOT LAWFUL FOR POLICE TO ARREST YOU FOR SIMPLY REFUSING TO CONSENT TO A SEARCH.
4. If you have been given a ticket, SIGN IT, otherwise you can be arrested. You can always plead not guilty and fight it in court at a later date.
1. If you are suspected of Driving While Impaired you WILL be asked to take various field sobriety tests or a breath-alcohol test.
2. If you FAIL the test you WILL be arrested.
3. YOU MAY REFUSE to take these tests, however you WILL BE ARRESTED and your driver’s license may be suspended and your car may be taken away.
4. If you REFUSE to take the tests DO NOT say anything to incriminate yourself and demand to speak with a lawyer once you have been brought to the police station.
**Passenger Rights at Traffic Stops:-
· Passengers CANNOT be held responsible for the driver’s conduct, and are generally free to leave, UNLESS police become suspicious of them during the course of the stop.
· This happens frequently and the amount of evidence required to detain passengers is minimal.
1. Remember to refuse search requests.
2. Refrain from answering questions without an attorney present
3. DO NOT SAY ANYTHING UNLESS YOU ARE READY FOR IT TO BE USED AGAINST YOU
· Police will often separate the occupants of an automobile and question them separately. If the stories differ, this could lead officers to claim that they have probable cause to prolong the detention, or conduct a search.
· As with any other brief detention, the best way to handle the situation is to determine if you can leave by asking “Officer am I being detained?” Or “Am I being detained or am I free to go?”.
· Remember you have the right to remain silent and talk to a lawyer before you talk to the police.
· DO NOT tell the police ANYTHING EXCEPT your name and address.
· DO NOT give any explanations, excuses, or stories. You can make your defense later, in court, based on what you have been instructed by your lawyer.
· If you have a lawyer, ask to speak with them IMMEDIATELY. If you cannot afford one, you have the right to public (free) defender once your case goes to court. You can also ask the police how to contact a lawyer.
· DON’T SAY ANYTHING WITHOUT A LAWYER.
· Within a reasonable timeframe after your arrest or booking, you should ask to contact a family member or friend.
· If you are permitted to make a phone call remember, ANYTHING YOU SAY AT THE PRECINCT MAY BE RECORDED OR LISTENED TO. NEVER TALK ABOUT THE FACTS OF THE CASE OVER THE TELEPHONE!
· Do not make any decisions in your case until you have spoken with a lawyer.
· DO NOT LET THE POLICE INTIMIDATE, PRESSURE, OR BULLY YOU INTO SAYING OR SIGNING ANYTHING BEFORE YOUR LAWYER ARRIVES.