What to Do If You’re Stopped by Police

Thomas Kroger is a private attorney who has been practicing law in West Virginia for over four years. Never one to limit himself, attorney Kroger has made himself somewhat of an expert in the various parameters of West Virginia and federal law. His areas of interest include criminal defense, DUI defense violent crime, divorce and family law and cases of child custody. Being a defense attorney has given Kroger a tremendous amount of insight into the proper protocol and behaviors if you get arrested; most importantly, how to deal with the police. While you should always maintain the proper decorum when dealing with a police officer, it is also important that you know your rights and defend yourself to the best of your abilities. Below, attorney Kroger outlines a few do’s and don’ts of getting stopped by the authorities:

In my work as a criminal defense attorney, I often deal with people who have been stopped by or were arrested by the police. I am always somewhat amazed by how little these people know about the proper way to behave around a police officer. A police officer is an authority figure and should be treated as such, and never be disrespected. Here are a few tips on how to act if ever stopped by the police:

• Keep your cool – This is the first, most essential and probably the most important rule when dealing with the police: Be calm and stay cool. Generally, most mistakes are made when a person loses their composure and does something they soon come to regret. Never make any sudden movements or break into a run. Always keep your hands where the officers can clearly see them. If you’re in a car, keep your hands on the steering wheel and in sight.
• Don’t give excess information – You’ve seen the show cops, right? What’s the first right every officer always tells the suspect: You have the right to remain silent. The reason you should exercise that right is because anything you say or do can be later used against you. Some small detail you tell the police may seem benign and trivial to you at the time, but it might later be used to prove your guilt in a court of law. Therefore, one should never freely give the police more information than is required. In most states, you are required to always tell the police your name if asked, and you should always do so as it is suspicious if you refuse. Beyond your name, you should try and remain silent. This is obviously somewhat of a subtle art, as you wish to remain polite throughout any encounter with the police.
• Never act rude – This should be obvious to most people, though sadly it isn’t to some. Always be polite to the police. This can save you time and hassle. Remember, the police are fully capable of making your life miserable, should they choose to do so.
• Don’t invite them in – Never invite the police inside your home or permit them to look around in your vehicle. Doing so allows them to conduct a full search and perhaps find some sort of incriminating evidence. If a police officer claims to have a warrant to search your home, you should always demand to see it before allowing anyone inside. Of course, if the police have probable cause, they can search you regardless.
• Things to remember if you’re abused by the police: If you feel you’re been abused by a particular officer write down or recall as many details about him as possible. Jot down his badge or vehicle number and as many defining features and physical characteristics as possible. It’s also a good idea to get the information of any witnesses or bystanders at the scene so you can have some evidence that you were mistreated later on. If you’ve somehow become injured a result of police actions, take a photo of the injuries right away. Remember, even if the police are manhandling you, do not resist. Resisting is useless against a police officer, or officers and may only give him to further hurt you. It’s the only thing you can do given the situation. Of course you should always file a written complaint afterwards.

These are the basic things to remember if you ever get stopped or arrested by the police. Of course the one thing I always emphasize the most is being polite and respectful. Talk to the officers like you might an old lady. This is one situation where respect and politeness can save you a lot more than acting smart.

This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.