Once police activate their lights to signal someone over they are detaining that person and must be able to prove probable cause to do so. A person who has been pulled over does not have to challenge the reason for the stop to preserve the issue for Court. The officer will have to justify his reason for detaining you and that is his burden to prove in Court. It is better to put aside the issue of whether they had any right to pull you over and do not argue with the police about it. Arguing with them is something you want to avoid. Here are a few simple rules:
- Go with the flow. Don’t allow the fact that you have been pulled over elicit a strong emotional reaction, be it fear, anger or something else. Realize that once you are detained by police they are in control of the situation. Be compliant, give them the documents (License, Registration, Proof of Insurance) they request and follow their instructions;
- Be Polite;
- Remember Your Rights;
- Searches – you do not have to agree to be searched or to allow your car to be searched. If police ask you to let them search you, telling them no is your right and doing so can’t be used against you in the courtroom;
- Incriminating Statements – No one has to give information that may incriminate them. A person does not have to plead the fifth amendment or make any formal invocation of fifth amendment right to not incriminate oneself. They can just refuse to answer questions;
- Ask to consult with an attorney – Contact the Law Offices of Joseph T. Brown PLC for assistance, legal counsel and representation.