Opinions on how to talk to the police

In My Humble Opinion
41

Be *very *careful how you answer an LEO’s request to search your car:

LEO: “You don’t mind if I search your car, do you?”
You: “No.”
LEO: “Oh, so you don’t mind? Please stand over there while I search your car.”
LEO: “You don’t mind if I search your car, do you?”
You: “Yes.”
LEO: “Yes, I can search your car? Please stand over there while I search your car.”

If you simply answer “yes” or “no,” the LEO can interpret *either *as you granting permission for a search. Neat trick, huh?

Instead, do this:

LEO: “You don’t mind if I search your car, do you?”
You: “You do **not **have my permission to search my car.”

Much less ambiguity. :slight_smile:

42

Saw a traffic stop a couple of months ago - happened across the street from a barbershop I was in. No idea what the young, white, male driver was stopped for in the middle of this weekday afternoon. As time passed, a second cop car came up with a dog. The handler circled the car 2-3 times. To my inexpert eyes he seemed to be working pretty hard to get the dog to give a positive, but it wouldn’t comply. So they didn’t search the vehicle.

I assume there was an issue as to license or registration - whether that led to the stop or became evidence after the stop, because the driver ended up parking the car and making a phone call, instead of driving away.

I readily acknowledge that I do not KNOW that the cops had no basis for suspecting contraband, but that is my suspicion. To say I disfavor the current legal trend re: stops and searches would be a great understatement.

43

I don’t think you can make that claim one way or the other. In reality, what’s to stop them from saying they did see him pull in? How can you prove otherwise? I don’t think you can, and the law is going to side with the officer on this one everytime. Again, I’d say Shakes just got lucky.

Perhaps, you could shed a little light on the subject, Shakes?

44

Yes. Three times, in fact.

I worked as a bartender and so was often driving on the road late at night after closing time. My truck had bumper stickers for the Grateful Dead and some other jam bands, so maybe that was part of the profile.

I would get pulled over fairly often, usually on claimed suspicion of DUI, even though I didn’t drink while working, but that was fine. I know most people driving at 3am have probably been drinking. Three times I was asked if they could search my truck. I would reply “You may not.” and twice they let me go immediately. The third time an officer asked "Why not?"and I said “I don’t have to give you an answer, but my reason is that several people drive this truck and I don’t know what any of them may have left behind.” and he said “fine” and off I went.

45

I’ve told 2 officers on 2 different occassions that I would not consent to a search of my car trunk. Both times they backed down and let me go.

46

Well, I can’t say for absolute certainty that they saw me drive in. However, I’m sure you know that most 7-11’s store fronts are just a big glass wall. I pulled up right in front. So unless they were otherwise engaged, they had to of seen me.

It’s also worth noting that this particular 7-11 is a popular hang out for LEOs. So it wasn’t like they were strolling around shopping for goods. They were just in there sip’n on coffee.

Also, when they were questioning me, they had to go into my vehicle to retrieve my insurance card. So it had to be blindingly obvious that I was driving.

47

Cops don’t have the right to pull people over at random and search their cars. But they do have the right, once they’ve pulled someone over, to ask if they can search their car, just like I can walk up to people and ask them if I can search their car.

If you say “no”, the cop has to establish probable cause before he can search your vehicle. Obviously when a case hits the courtroom a cop can just perjure himself and claim whatever he wants. But for that to happen the cop would have to really want to cause you some trouble for some reason or another. Cops don’t tend to randomly pull people over and cite them over nothing and perjure themselves when they get to court, there are plenty of real criminals out there.

The reason a cop will bully you into giving consent to search the vehicle is that he thinks that he’ll find something. If you don’t consent, he’s going to have to make up some story about how he smelled weed, or whatever. But if he claims he smelled weed and tosses your car and doesn’t find weed then what was the point?

What do you think happens when you refuse to let a cop search you? They figure you’re hiding something and immediately come up with a bullshit reason to search you? And if you consent they’ll figure you weren’t trying to hide anything and they won’t bother to actually search?

Sure they might come up with a bullshit reason to search you anyway. But how does that put you in a worse position than you were in before? Either they’ll find something to bust you over, or they won’t. But if you consent they’re going to toss your car and find whatever. If you don’t consent then the cops will have to make up something for an excuse to toss your car.

48

I don’t even go that far. I have a lawyer friend whose cards I carry with me, and on the back of them it says something to the effect that I am represented by counsel, that I decline to discuss anything with the police until my counsel is present, and that I do not agree to the search of my car or my vehicle.

49

I don’t drink, I don’t do drugs, I don’t own a gun. The likelihood of a cop finding anything in my car that would make his nose twitch is nil. Why wouldn’t I let a cop search my car, except to avoid a waste of time? Can I ask for a reason why the cop wants to search my car?

50

Because it’s your right to be free of unreasonable search?

51

Keep in mind that I studied this stuff 15 years or more ago, but at that time I learned a couple things that wouldn’t be apparent to the average person, but could be very useful.

First, police officers can lie to you. It’s perfectly legal, and indeed, a popular technique.

Second, if arrested, don’t merely say you’re invoking your right to remain silent - this theoretically allows police to come ask you questions again after a “reasonable” amount of time. Instead, say you want to talk to a lawyer. The rule (at the time I learned at least) is that they need to stop asking questions, period, at that point.

While I would definitely recommend saying little in general, and never trusting an LEO to be on your side, it’s also smart to be polite and cooperative to a certain degree. I got stopped recently in a random* driver’s license check, and the thought flitted across my mind whether I should cooperate, but it is true that you need a valid license to drive, and I’m not at all sure what my rights are to refuse that. So I cheerfully showed my license and went about my business. Now, if he had asked to search my vehicle, I would have said, “Respectfully, I do not give permission for you to search.” Don’t have anything to hide, have never even tried illegal drugs or transported anything contraband, but I have my civil libertarian line that won’t be crossed, and why expose yourself to even a slight risk? My friend allowed a search of her car after a small accident, and it turned out her hot mess of a sister had dropped a joint in the car. Better to just keep the police out of your business when you can.

In that recent case in Florida where a young woman was arrested for taking indecent liberties with a minor (her high school girlfriend), her father said she cooperatively talked with the LEOs because her dad is in law enforcement and she had learned to trust such people. In the process, she completely and unequivocally incriminated herself. What could have been a dodgy case for the prosecution to prove (they would only have a very hostile witness on their side) became a slam-dunk, and now she’s on the hook as a possible registered sex offender.

*I suspect they were looking for a reason to pull over some Latino landscapers who they probably suspected of not having valid licenses, but don’t know for sure.

52

If you’re worried about the police making stuff up, get a dashboard cam. They’re only $50 or so. It’s an easy way to make sure there aren’t any misunderstandings.

53

You can ask for a reason. It’s a free country. And the cop can give you a reason, or make up a reason, or refuse to give a reason, or get mad because you asked for the reason. The only reason a cop might give a reason is if he thinks it would be more likely to get you to consent to a search.

Like, if he says he’s looking for illegal immigrants who stow away in people’s trunks, and you consent to a search since hey, I don’t have any illegal immigrants in my car and if I did I’d want the cops to find them, and he finds some pot, then you get busted for pot. It doesn’t matter that you only consented to a search for stowaways.

Thing is, the cops probably aren’t going to bother to search YOUR car, since you’re an upstanding citizen. They only ask for consent for a search from those who they think there’s a decent chance of turning something up. So if a cop asks for consent to search your car, it’s because he thinks he might be able to bust you for something in your car. He already thinks you’re a dirtball and is searching for some reason to bust you, otherwise why would he search you?

And therefore, what’s your incentive for consenting to the search? Either he finds nothing, and lets you go, or he finds something and busts you. And if you don’t consent, he either lets you go or finds probable cause in some way and then searches you and either finds nothing and lets you go or finds something and busts you. In what way could you possibly be better off by consenting to the search?

54

You can ask, you might even get a reasonable answer, but unless the likelihood is absolute zero, I wouldn’t let them search my car. This includes a zero chance that the officer will Not put something there himself.

55

Please check local laws before doing this. Several state legislatures have passed laws against recording police officers. Courts have found some of them to be unconstitutional, but others are still being enforced. Unless you want to finance a legal test case (and risk prison time if you lose), it would be best to check local law first.

Incidentally, the Supreme Court declined to hear a case from Illinois where recording a police officer is a felony punishable by up to 15 years in jail. That means that the lower court injunction against the Cook County state’s attorney preventing her from enforcing the law is allowed to stand. But note that this does not apply to the entire state. It also means there is no national standard in place.

56

Hello All,
‘Opinions on how to talk to the police’,
In London, recognise that they are busy and if you need another service, fire or ambulance tell them. Be prepared to wait a few minutes.
Recognize the priorities of Emergency Services.

Your first aid demand is not as important as a Civil call.
Be nice, big road traffic accidents, RTAs may needTea, Cakes, Loos and telecoms, on site!

On a pure aside there was a time in Montana going through Havre (?) when I may have possibly failed to see a couple of Police Cruisers because they were going so slowly…
Peter

57

Always be polite and err on the side of caution. Talking to the police/authority figure is stressful and it’s easy to misspeak/ self incriminate by accident. Your number one priority in YOU, so don’t worry about hurting an officer’s feeling, if you feel it’s prudent to stop talking.

58

Exactly. C’mon, you’re not fooling anyone, any more importantly they know that you know that they’re not going to get anywhere playing headgames with you.

You weren’t driving (at the moment), so just say “Yeah, I had a few.” You got lucky they interpolated you when they did, but your action was what you do when they are out for somebody.

Cops may not be the most judicious always, but they know when someone’s wasting their “motherfucking time,” and of all the laffs they got at your replies, you can bet they would have had a few more laffs if you tried to get fresh mouth with them.

ETA and why are Doper’s so concerned about being accidental drug mules, anyway? Just say no, or be smart about where you keep your weed or whatever/where you hide or smoke your weed? Obviously any cop who stops you if you’ve been smoking is going to smell “something” if he/ladycop feels like it. Just be more careful and don’t let people search your car. Common-sense.

59

Could be they ran his plate before the stop, as such is not a search under the 4th AM, most courts have ruled, so random runs are permitted.

60

The US SC has ruled that a traffic stop must take no longer than to effect the original purpose of the stop.

If they ask, just say, let’s take care of the ORIGINAL purpose of the stop ONLY please.

IF the officer keeps up asking, depending on the totality of the circumstances, it may be violate the 4th AM, the continued detention that is.