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Dealing With Law Enforcement
Tips For Dealing With Law Enforcement
1. BE COURTEOUS. BE POLITE.
2. Remember law enforcement officers have a dangerous and thankless job. Arguing and making quick movements around them is not wise.
3. If your car is stopped you are required only to produce your operator's license and registration, and verify that the information is correct. You do not have to answer questions such as "Where have you been tonight?" or "Have you been drinking?" Say, "With all due respect officer/deputy/trooper, I am going to assert my right to remain silent."
4. Do not give permission to search your car or house unless an officer produces a search warrant or an arrest warrant. You are not required to oblige an officer's request to search you, your house or your car, even if he says that your giving him permission will make things easier, or that he will just get a search warrant anyway. An officer cannot obtain a search warrant merely on request; he needs probable cause to do so.
5. An officer has probable cause (and does not need a search warrant) under certain circumstances. These include "plain view" of contraband , search incident to an arrest and an arm reach "sweep" to ensure an officer's safety.
6. Never argue with a law enforcement officer.
7. Be courteous.
8. Better to keep silent than to lie.
9. Without reasonable suspicion, law enforcement officers do not have the right to walk up to you and demand identification, unless you are on a public university campus.
10. Be polite.
11. Law enforcement officers have the right to pat you down for weapons if they have a reasonable suspicion that criminal activity may be occurring.
12. Never run on foot from law enforcement, especially if they yell at you to stop. This will only worsen the situation.
13. Never confess to a crime, regardless of whether or not an officer says that confessing will help you later on. Remember your Fifth Amendment right to remain silent and not incriminate yourself.
14. Be courteous.
15. Do not go to the police department if an officer calls and requests you to do so. You are not legally obligated to comply with such a request. This can be an attempt to try to get you to incriminate yourself. If the police had enough evidence to arrest you they would do so.
16. If you are ever read your Miranda rights, exercise your rights to a lawyer.
17. Never sign a waiver-of-rights statement. You are not obligated to, and refusal to do so will not imply guilt to a judge or jury.
18. Never sign anything except a promise to appear in court such as a summons or a bond paper.
19. Be polite.
20. Do not say to an officer that you know so and so in an attempt to get off.
21. If an officer comes to your house and asks to speak with you, do not invite the officer inside; instead, step outside and close the door. Officers with an arrest warrant or a search warrant are the only exceptions.
22. Do not drink and drive. It is not worth the risks involved. It is a crime and the consequences are severe.
23. Designated drivers should completely abstain from alcohol. Consuming "only" one or two drinks is one or two too many. A blood alcohol content level of 0.08 or higher is not required to be charged with DUI.
24. Be courteous.
25. Remember the minimum drinking age is 21. The penalties for carrying fake ID's are very serious. Only fools carry them.
26. Driving at excessive speeds is foolish. Trying to outrun an officer in your car is even more foolish and is a felony.
27. Do not draw attention to yourself or your car with loud mufflers or tinted windows.
28. The United States Supreme Court has ruled that law enforcement is not required to be entirely truthful with you in attempting to obtain a confession. They may say without factual basis that they have witnesses, fingerprints or DNA; and what are you doing talking to law enforcement without a lawyer present anyway? They are not required by law to be completely candid about the status of a case, the amount of evidence they have against you, etc.
29. Remember that there is no minimum blood alcohol content to be charged with public drunkenness. The law requires only that you appear to be intoxicated.
30. Check with a criminal lawyer if you have any concerns about criminal issues. General practitioners are a thing of the past. Lawyers.com is an excellent resource to find lawyers who emphasize criminal law in your area.
31. When confronted by an officer always ask "Am I free to go". If you are not, exercise your to remain silent. As long as an officer has your operator's license, you are being detained. Remember to ask if you are free to go.
32. BE COURTEOUS. BE POLITE.