cosmomiller

It seems that from time to time, the issue of cops becoming involved in the life and times of S owners rears its head. Sooner or later we all have encounters with LEOs (law enforcement officers). Some of us S owners are LEOs. I think it is important to reflect on that fact of life and perhaps mentally prepare for that event. A bad encounter will usually lead to bad results. I responded in another thread (Is my 03 AP1 Totaled) and thought I might as well throw this subject out there for review and discussion. I am not claiming to be the last word; I know many of us, from experience, profession, or hard knocks can contribute.

Lets start with the red, blue, and bright white lights filling your rear view mirror. Think about the officers perspective just for a moment. The pullover of a vehicle can be extremely dangerous for a cop. A cop is human and just like you, wants to come home to what he values and loves at the end of the day. Show him/ her that you understand that by your actions. This in itself will go a long way to mitigate the circumstances of the pullover. What to do? Turn off all sound/music/engine. Lower both windows. If it is dark, turn on inside lights. Get your license, registration, proof of insurance (depends on state law) out and put them with both hands outstretched on the dash. Leave them there. Do not make any sudden moves or reach for something with the officers approaching. If you have anyone else in the car, have them be quiet and put their hands out in front in plain view. Follow directions from the officers. Be polite. Do not say anything more than what is required. If you need to get into your pants, reach under the seat, or car compartment, tell the officers what your intentions are. The police will understand immediately that you are not an average pullover and you understand the situation. That can be a big plus.

Sometimes in the initial stages of a pullover, it can be a subjective matter in reading the situation, the cops attitude, and other factors to create the environment to get off and go on your merry way. However, once things become objective the situation is completely different. You are going to get a ticket or asked to get out of the car for further review and or arrest. Perhaps you are already on the side of the road after an accident. Keep in mind cops are generally your friends. However, they have a job to do and that is to gather evidence for crimes committed. If you are on the suspect end that means cops are not your friends. YOU become your own worst enemy. Why? Most people unwittingly supply the rope for the courts to hang them with. Cops can and will (I also mean the courts) use everything you say against you BEFORE they read you your rights. By the time they read you your rights or write a ticket, the damage has been done. You have an obligation to identify yourself and supply certain information: registration, insurance, etc. All other questions are dangerous. Even innocent sounding answers are damming. ("I was running late....." or " I only had a couple of beers".......) Remember, the cop is trying to gather info for a conviction/probable cause. Even if you think the situation or evidence is plainly obvious, do not make a comment. (What is that beer can on the floor? Your eyes are bloodshot. Had you taken anything? Smoking something in the car?)

I have read a number of forum members feel all cops are jerks. Yes, some can be real jerks. Many respond in kind when faced with jerk drivers. More often its the drivers/public that are the ones who are in denial and behave poorly. Cops are people too and if they have the ability to respond in kind to jerks, they will only gladly comply. It all comes out in the wash. The wheels of justice grind slowly, but they grind to powder. Do cops lie? Perhaps you feel they do. However, once in court you are under oath. Its a big deal. Cops know this. They are held to a high standard. Unless you are Bill Clinton, an individual will be guilty of perjury for lying under oath. Big consequences. During any proceedings, you or your counsel should ask the right questions the right way so you will get the answers you need to defend yourself.

Example: 3 guys out drinking. Flat tire. Cop pulls up. Asks who was driving. No comment from the 3. Asks who was drinking. No comment from 3. Cop threatens to arrest all 3 on DUI. Max pressure. All 3 make no comment. All 3 arrested DUI. Outcome? All 3 acquitted. Why? No evidence any ONE was actually driving. You know it was one of the three but it cannot be shown beyond a doubt one in particular was driving. If one of the 3 says something; its all over. Conviction.

I had a case in which an individual was standing next to his car talking with friends in the middle of the day. Police happen by and question him. Had a couple of beers with lunch. Tells that to the cop. Cop asks him if that was his car. Yep. Asks if he had been driving. Yes, he says. (He was not thinking he had too much, just a couple of beers with Mexican food) He was arrested for DUI and was not even behind the wheel. All based on his unnecessary comments to police. Tried to "back door" the case with the court and get a "wet reckless", that is plead to reckless charge and not have a DUI. Unfortunately he was a high profile individual and MADD went after him to set an example; we could not go that route. He was not convicted of driving under the influence but was convicted of driving with .08 BAC. (Yes there are separate laws in California; will not get into the reasons why). The point is this entire affair came about because the guy opened his mouth and gave the police the ammunition to arrest him. If he had said "no comment" that would have been the end of it.

Be polite, be courteous but do NOT make comments. Just make no comment. Never curse or use foul language. NEVER! It does not matter what the cops say or do. That will be used against you later. Juries have no sympathy for foul mouthed jerks. Do NOT lie. If you are caught in a lie, the court will wonder what else you are lying about. If asked to give permission to allow a search of your car, say NO. The police will put pressure on you and ask if you have something to hide. Maybe you don't have anything to hide. Remember YOU DO NOT HAVE TO. The cops are only looking for anything to nail you. It does NOT help you in any way. Don't let them. Be nice about it, just say you don't want to. Thats it. No reason. You just don't want to. They may tell you they will get a search warrant. Don't give in. No comment. If they have probable cause and want to go through the process to get one, they will. Perhaps the circumstances of the pullover will be inadmissible. Don't give anyone any extra ammunition to shoot you down. You never know how things will play out.

If you are in an accident and some lunatic is accusing you of all kinds of things, make your desired/required statements to police but do not respond to the idiot. Do not argue the other person. It will come out in the wash later. If it is just you and the other person exchanging information before the police come (if they do) don't admit anything to the other person. Do not chat for the sake of chatting.

Should you fight something in court? Maybe. Maybe not. It depends on the violations and what the negative outcome of those convictions on your record. You need to weigh the consequences of one of those violations sticking and how it relates to your insurance, car, and occupation. With that in mind, you may want to represent yourself, if you think you can, or go the route of hiring an attorney. Yes, an attorney will cost you but may reduce the "price" of your "event" later.

I am adding the following in an edit.
One of the best, sure fire ways to avoid problems is to avoid creating problems. Don't play with the odds. The days of a cop telling you he will follow you home to make sure you make it are gone forever. The consequences of driving under the influence are severe. The above comments were made in the spirit of protecting your rights and preserving your way of life. It was not an endorsement of how to break the law and get away with it.
With that said, remember you are not special, you are not immune or superman. If you take chances sooner or later you are going to be out of luck. If someone is hurt, you are going to prison and your life will forever change. I knew of an engineer, great job, wife, kids, upscale house, BMW, etc, who had a couple beers and was in an accident he did not cause. Three years in state prison. You do not want to go to prison. Don't think pot or other drugs are not the same as alcohol and can't be measured for enforcement. You ARE impaired. If you drive that way, you are an idiot with a problem. A few years back, if I was driving in traffic/ unfamiliar territory/ night/ two lane road/ Friday night etc, I would really limit what I had. Personally, I now have nothing when I am going to drive. Its not worth it. What I do have is peace of mind, in that regard. Please just spend a little time thinking about the consequences: legal, financial, occupational, life, and death. Are a couple of drinks/bowls REALLY that important to you when you drive? Have good times with friends, just don't ruin somebody's life, including yours, by driving. Be careful when someone else is hauling your carcass around too!

Good luck and safe driving.

slickdevil08

Good read. I agree with you on this


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Smurf_9K

I find it's best to get out of the car and kneel down before your master. Begin licking their boots and grovel to their authority. You are a mere mundane; they are the law and they know what's best for you.

JackS

My last speeding ticket- I think this is the way it should be done.
If possible, pull into a parking lot rather than stop on the street. Get out of your car. This shows the officer that you are not intoxicated. It also shows you have nothing in your hands. Had you stayed in your car, the officer would have probably asked you to step out anyway. Wait until the officer asks for licence and papers before reaching in your pocket. These few seconds after the stop allows the officer to form some hopfully positive opinions of you. The best outcome of these positive opinions could be a warning or in my case a ticket written for much less than you trully deserved.

RMurphy

You forgot the two most important questions to always remember and use:
Officer am I being detained? Am I free to go?

If the answers are no and yes (in that order), then GO. And if they don't answer and instead try to ask other questions, then you know they got nothin' on you and so you just keep politely asking the same questions.

You have the right to remain silent. USE it! You are guaranteed that right by the Constitution and the Bill of Rights, and there is nothing wrong with invoking your rights. Just because you think you are innocent doesn't mean your "innocent sounding" statements won't get twisted all around on you. If you say nothing, then there are no words to be twisted. You have the right to respond politely with the statement, "My attorney has advised me I shouldn't answer questions like that." And when he asks "Why?" you just say nothing. He already knows it's because you have the right, and you don't need to educate him on the subject.

And I wouldn't open both my windows ever. There is no justifiable reason to do so and all it does is give a cop (or his partner while I'm busy trying not to talk to the first one) the ability to legally stick his head in my car and claim he smells something illegal while he is looking real hard for something "in plain sight" in order to give him probable cause to search my vehicle. It doesn't matter there is nothing there. I don't want his head in my vehicle and he has no right to put it there, so I'm not going to invite him to do so by opening anything I don't have to in order to speak with the guy.

cosmomiller

Do not recommend getting out unless requested. If you try you almost will always be directed to stay in the car. They are going to come to an opinion on your intoxication whether you are standing or not. The police don't want you moving around; they want an unknown subject to be in a position where they can react properly if need be. If you are on a road or freeway, they do not want you to be a safety hazard. They may even approach from the passenger side of the car to be safer themselves. Remember, they don't know anything about you. You could be a cop killer.

RMurphy

I don't know where you live, but in this part of California, if you get out of the car without being asked by a cop, you are immediately considered a major threat and they will scream their fool heads off at you to get on the ground or get back in the car. Best way to piss off a cop is to present yourself as a threat.

Perhaps it's customary in your region to do that, but you definitely do NOT want to do that in California.

Sabre

I think the OP has a lot of great information and I want to thank him for sharing.

I personally have always heard to not get license/reg out until asked because as a cop is approaching the car (or behind it) they do NOT want to see you rustling around in the car (maybe for a gun).

Pull over, keep the windows closed, hands on the wheel/dashboard in plain sight, if it's dark out, turn on your cabin lights. Make it as obvious as possible that you are not a threat and want them to realize that.
Put them at ease first thing.

d16tof22

What are your guys' outlook on if something seems suspicious about the car trying to pull you over? There have been numerous instances where I live in the DC area of police impersonators. Do police hold it against you if you keep driving until you get to a well lit area with a lot of people around, like a shopping center or gas station?

aero3685

That happens from time to time. As long as you slow down, turn on your hazard lights and pull over in a decent amount of time (next well lit and public area). If you are really unsure about the car behind you (unmarked), call 911 after you do this and ask if they are aware of you being pulled over, and/or request a marked car.