General information. A police officer may try to make contact with you under one of the following circumstances: They’re attempting to conduct a traffic stop, if you happen to be riding a bike or driving a car. They believe you may be a witness, victim, or perpetrator of a crime. They’re just really friendly and want to say hello. In the first two cases, the officer may detain you for a finite period of time while conducting a traffic stop or other investigation. During this time, you are legally obligated to comply with any direct lawful orders the officer may give. In the third situation, the encounter is considered a consensual encounter, during which you may leave at any time. Asking the officer, “am I free to leave?” is a good way to tell if you are being detained or not.
Traffic stops. During a traffic stop, an officer will use a patrol car or motorcycle to pull over a citizen’s vehicle. The officer will make known his or her intent to pull over the driver by pulling behind the driver’s car and displaying red and/or blue lights. The officer may also get the driver’s attention by signaling with the patrol car’s siren. When this occurs, one should follow this procedure to avoid any legal issues or misunderstandings: Signal your intent to cooperate by turning on your vehicle’s hazard lights and reducing speed. Pull to the right slowly if it is safe to do so, and stop on the side of the road. If pulling over would block traffic, then pull off on the nearest side street or freeway exit. When stopped, turn off your engine. If it is dark outside, turn on your vehicle’s interior lights. Keep your hands on the steering wheel and avoid making any sudden movements or reaching for anything. Comply with the officer’s orders. Responding politely and affirmatively with “yes officer” can make the difference between receiving a warning or getting a hefty traffic fine. If you receive a ticket or court summons, SIGN IT! Signing a ticket does not imply guilt—but failure to do so will get you arrested.
Searches. During traffic stops and calls for service, police officers will often ask for permission to search you, your car, or your home. The reason they ask is that without probable cause to search, they cannot unless they get verbal or written permission. An officer may “pat down” a person being detained in order to check for weapons. This is known as a “Terry frisk.” However, unless the officer has permission from the person being detained, has probable cause that person being searched is in possession of illegal items, or is arresting the person, the officer may not search him or her. An officer may conduct a plain-view search of a vehicle while conducting a traffic stop. However, unless the car must be towed, or unless the officer has probable cause to believe that illegal items are in the car, or has permission from the driver, the vehicle may not be searched. An officer may not enter a person’s home or search it unless the officer has probable cause that a crime is in progress or if he or she has permission to enter. Otherwise, an officer may not enter a person’s home without a search warrant. In each of these situations, one need not give consent to a search by saying “I do not consent to any searches.” Failure to provide consent does not provide cause for a search or arrest. In addition, consent may be revoked at any time after it is granted.
If, for some reason you are placed under arrest, be sure to cooperate and do not resist. Any action you take or word you say may be documented and used in court. Your general demeanor during your arrest will also reflect how you are treated at the police station and in court. In addition, be sure to know your rights. Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested. Before the law enforcement officer questions you, he or she should tell you that:
1. Anything you say may be used against you.
2. You have a right to have a lawyer present while you are questioned.
3. If you cannot afford a lawyer, one will be appointed for you.
These are your “Miranda” rights, guaranteed by the United_States_Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not to be used against you in court. But this does not necessarily mean that your case will be dismissed. And this does not apply if you volunteer information without being questioned by the police.
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