Police Stopped Your Car? Follow These Steps to Protect Your Rights

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You see patrol car lights behind you – you are being pulled over and you can feel your heart beating and not sure what to do
1. What To Say?

a. Basic advice – be ready with your insurance and DL and be nice and cordial with the officer. If you act nice, not irritated, there is a better chance you will be released quickly and escape a ticket or further investigation.

b. What if the officer talks rude to you?
i. If the officer is raising his voice at you – lower your voice – never match aggression with aggression!
ii. Remember – the goal is to end the encounter
iii. Being respectful and compliant with basic requests will go a long way.
iv. That being said – never waive your rights!

c. What if the officer asks you questions?
i. Remember – this is the investigative phase of a case and everything you say can and will be used against you and the officer is NOT required to Mirandize you before asking you questions
1. Miranda – only kicks in if you are in custody and being interrogated
ii. Basic questions are fine to answer
iii. Beware direct questions demanding a yes or no answer that could be interpreted as you admitting to something.
1. For example – if you admit to drinking, you are likely going to jail or being cited
2. How To Act?

a. What if the officer asks you to get out of the car?
i. Option 1 – become upset and demand a justification as to why – if you do this, the officer is likely to escalate the encounter and look for any reason to arrest you or cite you. If you complain enough, many officers will claim you are being threatening and arrest you for harassment of a public servant or think you are becoming combative and charge you with resisting arrest/detention.
ii. Option 2 – Be respectful and comply with the requirement to get out of the car but respectfully say that you will be happy to answer any questions as long as your attorney is present with you

b. What if the officer says you don’t have a right to an attorney right now?
i. Tell him you don’t know all of your civil rights, which is why you need to have your attorney present so that your constitutional rights are protected. This is the reasonable stance of any citizen armed with the knowledge they can exercise their constitutional rights – remember – you are on video – let the officer look unreasonable and you look reasonable.

3. What If Officer Asks To Search Your Car?

a. Option 1 – Allow the search
i. If there is nothing you are concerned about in your vehicle, you can always allow the officer to search your car.
ii. Just beware – consent cures all – the moment you consent, the officer will search everything and it can all be twisted and turned and used against you! You DO NOT get extra credit because you consented to a search

b. Option 2 – Exercise your right to deny the search
i. Officers must have probable cause to execute a search of your vehicle. Just because they don’t like you or they have a “hunch” you are a criminal is not sufficient to execute a warrantless search.
ii. If they search your car without your consent and without probable cause, anything they find as a result of that search will be thrown out in court by your lawyer filing a motion to suppress and presenting case law establishing the illegality of the search

4. What If You Are Arrested?

a. Most Important – DO NOT RESIST AND DO NOT RUN!
b. Ask why you are being arrested but then say nothing else – do not fall into the trap of talking the entire time and believing you can talk the officer out of arresting you. You will look the person who did nothing wrong if you are calm and collected while the officer is jumping to conclusions to arrest you.
c. Remember – you are being recorded the entire time both by the body cam of the officer and in the patrol car during your ride – everything you say will be used against you.
d. After your arrest, your goal is to be quiet and compliant with booking in and out so that you will be released as soon as possible.
e. Then you hire a lawyer to fight!

00:00 What To Do If The Police Stops Your Car In Texas?
00:53 What Should You Say When The Police Stops Your Car?
02:15 What To Do If The Officer Begins To Ask You Questions?
02:45 Miranda Rights
04:22 How To Act When The Police Stops Your Car?
06:26 What To Do If The Officer Asks You To Search Your Car?
08:30 What To Do If The Officer Searches Your Car Without Your Consent?
09:12 What To Do If You're Arrested?

[christopherdunham]

I once refused a search of my car so I had to wait for a drug dog for 45 minutes. Then when the dog didn't find anything, the cop yelled at me. He said he could arrest me for tying up resources. I filed a complaint against him, but I doubt anything happened to him.

[joewinch]

I was pulled over for a traffic stop yesterday in Columbia County, WIsconsin for a burned out third brake light. I handed over my driver's license, insurance and registration, and when the cop asked me where I was headed, I just pointed down the road and said "that way". When he next asked where I lived, I replied "I don't answer questions". Not bowing down to a cop's perceived authority and sense of self importance always riles them. After running the information on my dirver's license, he then announced he was going to get the K-9 out of the car and start a search of my vehicle. HERE IS WHERE I WENT WRONG. At this point I should have said "I do not consent to a search". They had no grounds for probable cause to search me or my vehicle at this point, and they would have had to let me go. Instead, after the dog sniffing charade, the cop said that the dog alerted on something (which I believe is a lie), they had their probable cause, and I was cuffed and stuffed me while they took 20 minutes to search my vehicle and my person. My silence when the cop announced they were going to do a search of my car may have been viewed as consent. I don't know - I am not a lawyer. DON"T MAKE THE MISTAKE I DID. When a cop announces an intent to do ANY type of search of your vehicle in a traffic stop, whether by them or a a K-9, you need to immediately announce "I do not consent to a search". In my case, the end result was a minor inconvenience of a half hour or so, as there was nothing illegal in my car or person, and I was on my merry way, annoyed but a little wiser. If this post helps just one person avoid an illegal search, then the inconvenience I experienced yesterday was worth it. Peace out.

[cfitzgduke]

"You are obstructing my investigation by not answering my questions." They love that one.

[reglarcatG---]

I have been compliant and allowed an officer to use the stop to train a rookie officer, and search my car, afterwards I was patted down, I felt I had been duped, and decided to never allow a search without a warrant again, now I feel confident I will know how to conduct myself in a way that is defendable in a court of law, thank you sir.

[KAnderson]

We live in a police state. 😢 It's scary. I will always stand up for my rights. I used to think most cops were decent and good. I know better now.

[crazyzabo]

Judges and juries must be aware of the high rate of police lying and making false arrests. Good video.

[robertkadow]

The biggest reason why I will not consent to a search is concern that they plant drugs

[Montie-Adkins]

It is repugnant that you have to remain calm, don't pull back if they reach for you, don;t brush up against them, don;t get loud, etc, but they can do whatever they wish. Disgusting.

[none-ihcv]

I just got off at work leaving the parking lot, a car like mine was speeding pass me then I pulled out, A cop pulled me over, yelling at me that he was tiring to catch me for the last 5 miles, I explained to him that I just got off work, I asked him to check out that my engine is cold, he refused, I asked for his supervisor, he showed up, told him the same thing, he asked me to pop the hood, engine was still cold. the supervisor asked the cop if he ever lost visual of the suspect. the cop replied NO. the supervisor tore up the ticket and gave the cop hell.

[ianbattles]

I once had a cop claim that my car "reeked of weed so strongly that he could smell it from behind me in traffic". I didn't smoke weed *and I had 2 year's worth of probation-required drug tests to prove it.* If you had drug tested me at that moment, I would have passed with flying colors. "It's better to be sober at home than sober in jail."

After a 20-minute search of my car/person that found no contraband (because there was nothing to find), I was "allowed" to drive away without even a ticket. I can PROVE that the cop was (at best) mistaken or (at worst) lying when he claimed to smell weed in my car.

[moodiblues]

I’m a retired Prosecutor and Judge and I would like to compliment you on your excellent advice. When asked about these things, I always say pretty much the same things. Be pleasant and cooperative to police. If they misbehave, on the streets with you, they are in a situation where they have all the power. So, in the above situation, wait until they are gone, file complaints with their department and depending on the nature of their misconduct, hire a lawyer and then you will be in a situation where there’s a balance of power between the police and you. A place where you may prevail. You’ll never win on the street so a record of calm cooperation will be invaluable.

[glfriendliness]

NEVER, EVER CONSENT to a search unless the officer provides the warrant signed by a judge. And remember, the officer CAN NOT UNDER ANY CIRCUMSTANCES detain you for any time beyond the reasonable frame it takes to either get the warrant or not. You never know what somebody else stashed in some remote corner of your vehicle. Even if you've never had any other passengers besides yourself, prudence wins the day to flex your right to respectfully and kindly refuse an unreasonable search without warrant.

[jamesw]

NEVER consent to a search...you never know if you are going to get an officer who will plant drugs on your vehicle...we have seen enough of those videos on Youtube to know they are out there. There is no reason for an officer to request to search your vehicle unless they suspect you of a crime, in which case they need to get a warrant or they plan on duping you and planting something during their search.

[JSAFIXIT]

MOST of my interactions with police have been civil, even when I was 100% guilty. Twice I had a bad experience. At 19, I had a really nice car. I had bought it and fixed it up for FAR less than it was worth. The cop used that to insinuate that I must be into some illegal stuff to own a car that was 2x his salary. He claimed he saw "cocaine in a wrapper" in the cup holder and yanked me out of the car. He ended up causing over 4k in damages to the car by prying off panels and trim to find cocaine. The white stuff in a wrapper on the cup holder... powdered donuts... the receipt for them was in the same cup holder.
I tried to sue them for damages and violating my rights but it went nowhere.
That cop got some karma though, he was arrested a county over for dui, leaving the scene of an accident, possession of prescription medications not in his name, and criminal damage to property. He got fired, spent a few months in jail and his wife left him a couple years after that because he fell off the deep end with alcoholism.

[jw]

I grew up in a small town in western Nebraska in the 40's through the '60's. Always told to trust the police. Then the local force pulled the highly thought of chief of police out of the local house of ill repute. So much for that! In Denver they coached Spanish speaking applicants to pass the police test. Your videos are amazing. Thank you!

[derekheuring]

Another thing to remember is field sobriety tests are notoriously inefficient for determining if a senior citizen is impaired or not. We have enough balance issues already and usually some skeleto-muscular deficiencies that would make us appear to be under the influence. If asked to do a FST I would politely inform the police officer of the issues surrounding field sobriety tests and old age and refuse to do one. If asked if I have any known medical conditions that would affect my ability to do an FST, and I do, I would list them off to the officer. I wouldn't make anything up, just simply list the conditions that I have that have been diagnosed by a doctor that impede my ability to balance and walk. Most police officers either know, or should know that FST shouldn't be administered to senior citizens, but sometimes we have to educate them.

[s.w.a.t.]

NEVER TALK TO THE POLICE, and Always Record Them! Simple. Their camera footage gets lost, heavily redacted, or just plain "missing". So, always record.

[joedt]

Never Consent to searches of your person or car.

[PaulSchuster-yjzb]

Homer Simpson had the best legal advice when he told Bart, "Son when you find yourself in trouble and don't know what to say, keep your stupid mouth shut so you don't make it any worse "

[tomlevasseur]

I got stopped last week. I was speeding. I was in a 30 approaching a 45, but got up to 42 in the 30. I saw him. He got me. He came to the passenger window and asked if I knew why he stopped me. I told him yes. He asked for my license, went back to his car and came back in a minute. He said parents were concerned and asked me to keep it down. He was polite and smiled. I drove away