Roughly 93% of people who get arrested during a traffic stop directly gave the officer probable cause without even realizing it. Here’s how to protect yourself.
1 – STAY CALM. If you’re nervous, you’ll likely make the officer nervous. An officer can claim you were making furtive movements as a reason to get you out of your vehicle under the guise of “officer safety”. This can then lead into “Terry Frisks” and possible searches of your vehicle.
2 – BE RESPECTFUL. While the US Supreme Court has ruled that yelling at an officer, calling him or her names and generally being rude is protected speech under the US Constitution, the officer can not extend the stop longer and more difficult than it needs to be.
3 – VERIFY YOUR IDENTITY, if required. In Texas, you do not have to identify yourself or show an ID to a police officers unless you have been detained. When police are talking to you, it is considered a “consensual encounter” until or unless you have been detained or arrested. You can ask the officer if you are being detained or if you are free to go. If the officer says you are not being detained, then you do not need to identify yourself and are free to go. If the officer says you are being detained, you must provide the officer your real name and date of birth, or your ID or Driver Licenses if asked. Do it in a polite and cooperative manner. Your argument can be won in court, not on the side of the road. If you were driving, you must display your drivers license on demand by an officer.
4 – QUESTIONING. Ask the officer in a polite manner if you are being detained or if you are free to go. If the officer says you are free, you should leave immediately in a calm and lawful manner. If the officer says you are not free to go, you have been detained, at that point tell the officer in a respectful manner “Officer, I chose to exercise my constitutional right to remain silent and want a lawyer before answering any questions.” Why is this important to say? Because up until now, you’ve not said anything to hurt yourself, but once you start talking, officers often start fishing to find a reason to search you and your vehicle. Since you have’t said anything yet, they can only base their further traffic stop and actions only on the reason they pulled you over and nothing else. The US Supreme Court has ruled that officers can not extend a traffic stop longer than is reasonably necessary to complete the traffic stop.
5 – DON’T BELIEVE THE COPS. They are allowed to lie to you, they often say things like “if you cooperate they will see what they can do to help” you. While this might happen ins rare cases, but generally whatever you say or do it is always used against you. They might try to keep asking questions, saying you look guilty or say they will arrest you for “obstruction”. By remaining silent, they can not use your silence against you. If they do, your attorney can very often get that thrown out in court.
6 – TALK TO YOUR ATTORNEY. When the stop is over, write down everything that you can remember that just happened. Then contact your attorney to make sure your rights were not violated and to protect yourself. our real fight is in court, not with the officer on the side of the road.