What to do if you're pulled over by the police

ADVICE FROM A LOS ANGELES CRIMINAL DEFENSE ATTORNEY
A police traffic stop can be a scary experience.  Another person with a gun and the authority to city and/or arrest you has decided to make contact with you.  It is perhaps the most frequent and most obvious example of the government intruding on our freedom and privacy.  But hopefully the following tips can make it a little less frightening.  Knowing your rights during a pullover empowers you.  Confidently, but respectfully asserting those rights can improve the outcome of your police encounter. 

Never admit to breaking any law, even a minor traffic violation
A police officer has stopped you because he or she believes you violated a law.  Police are not interested in finding out why they might be wrong, but are rather gathering every piece of evidence they can find that says you're guilty.  Admitting guilt gives the government perhaps the strongest pieces of evidence it needs to convict you.  If a police officer asks "do you know why I pulled you over?" or "do you have anything illegal in the car?" they are trying to elicit an incriminating response.  If an officer suggests that you will be better off telling the truth, the officer is likely lying.  Do not answer an officer's questions; instead, ask questions of your own (e.g.  "why am I being pulled over?"; "have I done something wrong?"; "Am I being detained, or am I free to go?"

Keep your identification and documents easily accessible
If tracking down your driver's license, vehicle registration or insurance card takes you too long, you will be unnecessarily extending your traffic stop.  A longer traffic stop is not only aggravating for the officer and frightening for you, but gives the officer more opportunity to investigate you.  A longer time at your window could alert the officer to odors coming from your car or person.  It can also give the officer a longer opportunity to ask you questions and elicit incriminating responses.  Help make your traffic stop brief by keeping your documents somewhere where you can quickly reach them.  Do not clutter your glove compartment. 

Do not consent to searches
Most police person or car searches are conducted without a warrant.  Most of those warrantless searches involve consent.  You may not realize that you're consenting to a search when the officer, who has already entered your vehicle says: "you don't mind if I look around a little bit."  Your silence there is generally accepted as consent.  Voicing that you do not consent to any searches may not deter a search, but can provide the basis for a motion to suppress evidence (and that motion could get any charges against you dismissed).

Be polite and respectful
Police officers are not always respectful and cordial when they conduct traffic stops.  But the law doesn't require them to be.  While it is vital that you assert your rights and do not let the officer take advantage of you, yelling, cursing or otherwise disrespecting the officer will not help you.

Document what happened
If you're issued a citation or arrested after a pullover, you'll want to make sure that you remember exactly what happened.  Take some time, as soon as you can, to write down what you remember while your memory of the event is still strong.  The officer will take detailed notes of their side of the story; you should do the same to help with your defense.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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