What to do if you Have Been Pulled Over by the Police
There is an old saying in New Orleans Criminal Defense circles: you can beat the wrap but you can’t beat the ride. What this means is that if the police have decided to arrest you there is little to nothing you can do to stop that from happening. What you can do though is minimize the exposure you will face down the road on any charges by KEEPING YOUR MOUTH SHUT! It probably doesn’t need to be said but the police are not your friends. They are not there to chit chat with you. If you have drawn the attention of the police there is likely a reason and, depending on what you say or do, that reason can turn into a full-blown arrest.
If you are pulled over by the police the best thing to do is try to remain calm and be as courteous as possible. Answer their questions with as little information as possible and do not volunteer unnecessary details to them. If they are looking for a reason to arrest you giving inconsistent statements can provide them with what is known as reasonable suspicion. The bar to make an arrest is very low. The police only need to be able to articulate that they had reasonable suspicion that you were involved in criminal activity or that a crime had occurred. As you can imagine, it is not hard to come up with reasons to arrest when that is the standard.
The police may also ask that you let them search your car. They may say something to the effect that if you have nothing to worry about then let me search your car. Unless there is a 100% chance that there is absolutely nothing in your car that can be used against you, DO NOT give them permission to search your car. If the police have decided to arrest you, giving them permission to find evidence against you will not help you down the road. Instead, making it difficult for them or having them be required to follow strict legal rules can help make your case easier to defend down the road. If the police do not follow protocols and make mistakes, I can file legal motions asking the Court to throw out evidence or statements the police may have obtained. If this motion is granted, it usually means the case against you falls apart and the chance that your case will be thrown out improves.
Remember the police are out there trying to make cases. If they have targeted and stopped you, it is not because they want to talk about the weather. If you are involved in an interaction with the police remember to be courteous, calm, and collected. Answer only the questions asked and do not volunteer information. Do not consent or give permission to search your vehicle or your trunk. If you are arrested, remember to invoke your right to an attorney and to remain silent. The less information you provide, the easier and more effective it will be to create defenses down the road in your case. Call me immediately when you get the chance or have your family contact me immediately at 504-300-8338. Remember … When No One’s Carin’ Call McLaren!