How to Avoid and Deal with a Traffic Stop.
Perspectives from a California DUI and Criminal Defense Attorney
I just read an article on msn.com about 15 things the police can take from you without a warrant. I thought it was a very good article, as it should be from Microsoft. I would like to expand upon this in several ways. First, most penal laws are enforced on a state-by-state basis. This means that the laws can change from one state to the next. For example, marijuana may be legal for recreational use here in California, but it’s still very illegal in Idaho. So, for purposes of this article, all references will be toward California law.
While it is certainly good to know that cops have limits to what they can do without a warrant, I think it’s better to know how to avoid letting them take your stuff in the first place. Once the cops have your stuff, it’s normally an uphill battle to try and get it back. Also, the fact that property in your possession was confiscated by the cops may give rise to criminal charges against you.
I learned an important lesson many years ago when I was riding with a street hardened old-time copper in Riverside County. He told me “it’s the little things that get you the big things.” And of course, every cop is a little different, but they are all human. They all have their own, personal pet peeves. Once cop likes pulling people over for tinted windows. One cop likes pulling people over for having a cracked windshield. One cop likes pulling people over for “felony hair” and then tries to find a way to justify the traffic stop like a taillight or license plate light being out or expired registration, or something handing from the rearview mirror. The list of little things is long, but any one of these little things are reason enough for the cops to pull you over so they can get the big things.
Once they pull you over, the next question is, how long can they keep you there and how far can they push their fishing expedition. And that’s all it is…A fishing trip. The cops are looking for reasons to search your car and then arrest you. All you have to do is give them the reason. Do they simply see or smell something? Do you have alcohol on your breath or smell like pot? Done. Do you give them consent to search? Done. Are you on probation or parole? Done.
How then do we avoid the “prolonged detention”?
Step one: Don’t give the pricks a reason to pull you over. Sounds simple, right? But it takes a bit of discipline and common sense to pull it off. Once a week, walk around your car and make sure there are no moving violations which are visible. No loud exhaust pipes. No low tires. Nothing hanging from any part of the car that isn’t supposed to be there. Even if you don’t like the way it looks, put the front license plate on the car. Don’t text while you drive. Most of us have blue-tooth in our cars, but if it doesn’t connect, pull over, connect it and then start driving. Wear your seatbelt the right way. Don’t drink or smoke pot if you are going to be driving. If you have alcohol or marijuana in the car, travel with it in the trunk. Again, the list is long, but many of these things are worth mentioning.
Should you get pulled over for any reason, be cooperative, but don’t volunteer information. Provide your driver’s license number, registration and proof of insurance to the cop. It should all be current and readily accessible in your wallet or glove compartment. Here is where it gets a bit tougher for many people. If a cop asks you a question, you are normally not obligated to answer it. For example if the cop asks: Where are you coming from or going to? You don’t need to answer. If a cop asks you if you’ve been drinking, you don’t have to answer. If a cop asks you for consent to search your car (or anything else) you don’t have to agree.
But what should you say or do if asked these questions by the cops? The best answer is to say nothing. Some people have a hard time remaining silent. If you are one of those people, simple say, “ I want to talk to my lawyer”. Whatever you do, don’t lie to the police. Lying to police in the course of an investigation as that is a crime. You have the Constitutional Right to remain silent, you have no right to lie.
And, if you absolutely have to talk to the cops, tell the truth. But try and remember a few things. Don’t volunteer information. Only answer the question asked. If an answer calls for a “yes” or a “no”, answer with a “yes” or a “no,” not your life story. Cops talk fast and use cop lingo. If you don’t understand a question, ask to have it repeated or explained. Cops aren’t going to give you legal advice so don’t ask them for it. If the cop had enough probable cause to search you or your car, they would have already done it, so don’t consent to it. If a cop had enough probable cause to get a warrant, they would have gotten it already. They get them over the phone these days. Consent is for suckers. And, once you consent you lose the ability to try and attack an illegal search.
Dealing with cops during an investigation can get a bit complicated. The best answer is always to try and avoid the situation to begin with. We all live busy lives. We are all in a hurry. Try and slow down. Leave your house five (or 50) minutes earlier in the morning. Make a complete stop at that stop sign. Signal your lane changes and keep the speed below 72 on the freeway. If you are going to be drinking or smoking pot, take an Uber or have a real designated driver.
Finally, if you do get arrested, stay calm, and ask to speak to a lawyer. You have the right to remain silent. If you give up the right to remain silent, ANYTHING YOU SAY CAN (AND WILL) BE USED AGAINST YOU IN COURT! Cops are allowed to lie in the course of their investigations. They are trained to try and get you to make incriminating responses. Be diligent. Ask for a lawyer. Practice the words: “I want to talk to my lawyer”. No other words in the English language work the same way in police custody.
If you or someone close to you has been arrested or is facing criminal charges in California or if you think you were arrested based upon an illegal search or illegal stop, call a lawyer who has the tools and experience to help.
Attorney Jeffrey Vallens (818) 783-5700 or (805) 230-3651
Email me: jv@4criminaldefense.com
www.4criminaldefense.com www.westlakecriminaldefense.com www.jeffreyvallens.com