The Cops Stopped You … What Should You Say?

The short answer is nothing, absolutely nothing. Unfortunately, most people can’t do that, and they end up saying something that is incriminating. Most people think that they can talk themselves out of the situation. The reality is, more often than not the outcome is already set in motion before you even open your mouth.

Let's take the most common example; you are pulled over for speeding. The cop has likely already clocked you on radar or with a laser. But, maybe he hasn’t calibrated his radar gun that month. Perhaps there were several cars around you all speeding as well. If the cop can get you to admit that you were speeding, then he can put that on the ticket and it can be used against you in court as an admission. What should you do if the cop pulls you over and asks you questions?

First, be respectful but do not admit to any wrongdoing. If he asks you why he pulled you over you can always respectfully say I am not sure. Secondly, do not argue with the officer. If he says you were speeding, you can respectfully say you do not believe you were and hand him your license and registration. You will always have a better chance in court of getting your ticket dismissed or reduced than you will talking yourself out of the ticket. Plus, nothing good comes from arguing with the guy with a gun and handcuffs. There is an old saying, “You can beat the wrap but you will never beat the ride.” This means that the cops are going to do what they want regardless of what you say. With that understanding why give them additional incriminating statements to use against you.

Another question I get often is whether you should consent to a search. Unless they have a warrant the answer is no. If they have a warrant they do not need your consent, so the answer is always no. Again, people think that if they give permission it will somehow help them. The reality again is that the police are looking for anything they can find to use against you. Make them go get the warrant. This may result in them not wanting to deal with the hassle. It also requires them to follow the laws. If there is anything suspicious about what they are doing, they will be less likely to get a warrant because they have to sign an affidavit, swearing to all the facts contained in the warrant. However, again, be respectful and do not argue or resist with the police. If they have made up their mind to arrest you, then they will arrest you in any event. Better not to give them permission to search you or your car, home, rv, etc. and find evidence against you than to play a hand in incriminating yourself.

Never believe a police officer who says that cooperation with result in the case being easier on you. This is a tactic they use to get confessions and evidence against you. If they are trying to get you to say or do something ask for an attorney first. Usually, this will stop them from harassing you and it will make them back off. It may mean they arrest you, but again, it is better to be arrested without evidence against you, rather than being arrested after you have incriminated yourself.  

I know it is easier said than done. I also understand that any interaction with police officers can be scary. I especially understand for my clients of color how dangerous interactions with the police can be. I think it is better that everyone knows the less you say or do to incriminate yourself, the easier it will be for your lawyer to help you out with the charge. The time to make a deal is never on the side of the road, at your front door, or in the police station. The time to make a deal on your case always happens in court between your lawyer and the assistant district attorney. Police officers can’t make promises to you, and they can’t make decisions about your charges. Keep that in mind and always ask for a lawyer, and never give consent or a statement. 

Having a good defense lawyer is always important. If you have been arrested or given a ticket call me today to discuss. Let me help you with this problem. Remember…When No One’s Carin’ Call McLaren! 504-300-8338