Driver Flees Police. I'm a Passenger. What Should I Do?

Factual Questions
1

Let’s say I’m riding with one of my friends, he’s driving and I’m in the passenger seat. For my part, I’m not aware of anything illegal going on; he doesn’t appear drunk, neither of us is high, I know of no contraband in the car, etc. When red & blue flashing lights appear behind us, for reasons unbeknownst to me, my friend hits the gas pedal. When we finally do come to a stop, my friend hoofs it.

As a passenger, what should I do? I imagine the best thing to do is to sit quietly in my seat, with my hands where the cops can see them, and either wait for the cops to come to me or await instructions to get out of the car. I also imagine that I’m going to get cuffed, and acting put-out about it is definitely contra-indicated.

But then what? Legally, am I required to disclose anything? (Personally, I’d be more than happy to tell the cops everything I knew.) Even if I volunteer everything I know about the guy, but I’m not able to discern why he ran, am I likely to wind up in a holding cell until I “remember”? Am I going downtown simply by nature of being a passenger (assuming there was no contraband in the car)? What if contraband was found in the car, but it was under the driver’s seat?

This question was inspired by a real incident that I saw on a reality TV show. I was watching Street Patrol (a pretty forgettable Cops clone) the other night. In one scene, a high-speed chase takes place. When the chased vehicle comes to a stop, the driver runs for it, while the passenger casually steps out of the truck and walks toward the squad car, ignoring the cops’ commands to get on the ground.

Once he’s finally cuffed, he gives a story that the cop doesn’t believe: that he only knew the driver by his first name, that they had just met a few minutes ago, that he had merely asked him for a ride, and that he had no idea why the guy fled. The cop wasn’t buying it, and intimated that unless he “remembered” some more details about the guy and why he fled, he (the passenger) was going downtown. (SIDE NOTE: I can tell you confidently that the guy’s story isn’t all that far-fetched. Having been a social worker for a number of years, I know for a fact that there is a class of people for whom bumming rides from complete strangers is a day-to-day occurence.)

2

First thing you should do is check your seatbelt.

3

Wait for the police. Tell them truthly everything you know. Cooperate fully.

Doing anything else will only make it harder for you.

IMNA Cop, but I went with one for ten years.

4

Well, in order to (legally) hold you, they have to charge you with a crime and show probable cause that you committed it.

5

Definitely DON’T get out and run when the car stops.

6

Does not the fact that I’m riding with someone who decides to flee constitute probable cause?

7

They don’t have to charge him with a crime right away, just within a reasonable time. Reasonable time usually is interpreted in most parts of the country to be a couple of days.

8

Make sure that the cops can see your empty hands. Cops don’t like these chases and emotion runs high. Follow their instructions quickly.

9

Forgot the “need answer fast.”

10

Probable cause for what? The only crime they have any evidence of has been committed by the driver.

They might be able to hold you as a witness, for a relatively short period. Unless they can document that YOU committed a crime, they can’t charge you with anything.

11

I think the advice given - don’t flee, keep hands where cops can see them, cooperate, etc. - is good. If I ever found myself in such a situation I would also expect to be spending some time “downtown” or wherever they hold people these days even if I’m completely innocent of any crime. The police have to make sure my story is legit and that might take some time.

12

Know Your Rights: What to Do If You’re Stopped by the Police from the ACLU.

While the above doesn’t specifically address the OP’s question, it’s still good advice.

13

This happened to me!

I was hitchhiking. The dude driving not only ran, he slugged the cop before he split! In about half a minute, six other cops showed up, and one of them approached the passenger side, with his gun out!

I sat very quietly, with my hand in view, and said nothing at all until asked “Who’s your friend?” “I’m a hitchhiker.” “Know anything about where he got the truck?” “No. I got in the truck about two miles back.” “Wait here.”

Within a very few minutes, the cop came back and said, “Ok, you can go.”

I went.

Never heard a thing about it. They didn’t ask for identification.

Tris

14

…

15

You, my friend, have led a very interesting life.

All those grey hairs were earned honestly, eh?

16

My old roommate in grad school found out what not to do in this sort of situation. He was with a girl and they were driving back home one night and she hit a stopped car and then drove off. After about 5 minutes she told my roommate to drive home. So naturally they got pulled over as soon as he started driving. He was lucky that the witnesses at the scene where she hit the car said that she was driving. So he only had to spend the night in jail and I got to learn about how you bail someone out of jail.

A side story when we went back to recover the bail money when the charges were dismissed. It seemed like we were the only people there who had all the information and the correct people present to get the money back. I had to be there because I paid the bail. He had to have paper work showing the he fulfilled the terms of the bail. Most people ahead of us in line didn’t have one or the other and in a lot of cases neither.

17

That, of course, depends upon the reason for the stop.

If, for example, the officer attempted the stop because the car in which you were riding is reported stolen 30 minutes ago, then it’s a good bet you are going to be a suspect for the crime of auto theft.

If, by contrast, the officer attempted the stop because he witnessed a vehicle code violation, then he wouldn’t be the least bit interested in you as a “suspect.” Beyond identifying yourself in states with statutes that require you do so, you would be free to shut up and leave

18

Your should of course get out and follow your friend to see if he is ok or not.

19

Couldn’t you be charged as an accessory after the fact if you don’t cooperate in identifying your friend?

20

I’ve always wondered this too. But I’ve always wondered why tey treat the passenger worse if not just as bad as the driver. I saw one cops episode where they slung the passenger out of the car on the ground, slammed their knee into his head, just about broke his arms to get the cuffs on and talked to him like a rabid dog. It was terrible, I was yelling the whole time, “THE GUY WAS JUST RIDING ALONG !” It’s weird what adrenaline does to people.