If you watch the video below, you’ll see that rather than being silent, the person pulled over tried to argue with the cop. If you are pulled over, don’t argue with the cop. Don’t say anything incriminating because those statements can be used against you in court.
And most importantly, when you drive away, make sure your car isn’t in reverse.
Before the recent US Supreme Court ruling in Arizona v. Gant, police could arrest you and then search your car for “officer safety.” The reasoning, from a previous Supreme Court ruling (New York v. Belton), was that an arrestee standing near the car might reach into the vehicle to grab a weapon and injure the police officer.
Many legal scholars and attorneys thought that this standard failed to meet the standard of probable cause. That is, after arresting someone, the police officers wouldn’t have probable cause to search the vehicle because the arrestee wouldn’t have access to the vehicle.
Thanks to the new Supreme Court ruling, police officers cannot simply arrest someone and then search the car. The only way police can search an arrestee’s car is if they reasonably believe that (1) the arrested individual might access the vehicle at the time of the search; or (2) the arrested individual’s vehicle contains evidence of the offense that led to the arrest.
Remember, if you are arrested and police ask to search your car, refuse! If they do search the car without your consent, do not argue and let them. This is a legal issue that can be dealt with later by your attorney.
When dealing with the police remember the three golden rules:
1. Don’t trust or believe the police.
2. Don’t resist being handcuffed.
3. Don’t say a damn thing.
Photo: Thomas Hawk
Q: A Salt Lake City police officer stopped me on the street and asked me if he could ask some questions. I felt like I had no choice but to say yes. He asked me a few questions and then let me go. Could I have said no?
There are three levels of stops in Utah: Level 1, Level 2, and Level 3. The difference between the three is how much a police officer suspects you of committing a crime. The more he suspects that you did something illegal, the more legal authority he has in keeping you from walking away.
It sounds like you experienced a Level 1 stop, which means you could have politely declined to answer any questions. Think of this as a stranger who walks up to you to ask a question: you can always say no. When the officer asks, be polite and say something like, “I’m sorry, I’m in a hurry. Have a nice day!” If the officer didn’t suspect you of anything when he first asked the question, he cannot detain you.
If the cop tries to intimidate you to answer his questions, you should ask, “Are you detaining me right now, or am I free to leave?” If this really is a Level 1 stop, the officer should let you go on your way.
A Level 2 stop is when a police officer has “reasonable articulable suspicion” that you committed a crime. This means that the officer reasonably suspects that you are involved in illegal activity. A Level 3 stop is when the officer has “probable cause” that you committed the crime, meaning that he thinks that you probably did something illegal. Under both a Level 2 and Level 3 stop, the cops are detaining you. You are not free to leave.
If an officer tells you that you are not free to leave, the officer should be able to tell you why you are being detained. If the cop starts asking you questions, the only questions you are obligated to answer are questions about your name, address, and explanation of your actions. You do not have to answer questions that could incriminate you. If you are being questioned by a police officer, simply ask for an attorney and the questioning should stop. At your next available opportunity, you should contact an attorney to assist you through the investigation.
When dealing with the police remember the three golden rules:
1. Don’t trust or believe the police.
2. Don’t resist being handcuffed.
3. Don’t say a damn thing.
Photo: deltaMike
If a Utah cop wants to ask you questions, remember that you can always refuse to answer questions. If you do choose to talk to a cop, or the cop says that you have to speak with him because you are detained, there are a two things you cannot do.
You cannot lie to the cop about yourself. It is a Class C misdemeanor if you give the police officer a false name, false birthdate, or false address. If the cop asks about any of those, you should truthfully answer to protect yourself from being charged with giving false information to a peace officer. It is a Class A misdemeanor if you represent yourself as another person to a police officer when he asks about your identity. If you give the cop someone else’s name, birthday, or address, you can be charged with a more serious crime.
You cannot fail to disclose your identity. It is a class B misdemeanor to refuse to give a cop your name if he demands it. Remember, the time to fight a charge is in court, not during your police stop.
If you have been charged with giving false information to a peace officer or failure to disclose identity, contact a qualified attorney who can help defend you against this charge.
See Utah Code § 76-8-507 & 76-8-301.5
Photo: jenson-lee
Q: I was arrested and charged with a DUI last weekend in Salt Lake City, but I swear I wasn’t drunk! I only had one beer at a friend’s house, and then left early because I had to work early in the morning. How could the officer even arrested me if I wasn’t drunk?
In Utah, there are two ways that a police officer can arrest you for a DUI.
The first is if a person has a blood alcohol concentration of .08 grams or greater at the time of a breathalyzer test or at the time the person was operating the vehicle. If you consent to a breathalyzer test by a police officer and the results show a .08 grams or greater, then the police officer can arrest you.
The second way you can be arrested for DUI is if the officer thinks you are “under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders [you] incapable of safely operating a vehicle.” See how ambiguous this is? This is probably what happened in your case. If an officer smells the slightest odor of alcohol on you, he will want to do field sobriety tests and a breathalyzer.
Remember, you don’t have to consent to any field sobriety tests and shouldn’t consent to them. The police officer will tell you that you’ve already consented to the breathalyzer when you applied for a driver license—that is correct information. If you refuse the breathalyzer, your license could automatically be revoked for a year or more.
Remember, no matter how many drinks it takes to get a DUI, it only takes one cab ride home not to get a DUI. That’s the best way to protect yourself.
(Source: Utah Code 41-6a-502)
Photo: ko_an
After you are arrested by cops in Salt Lake, the first thing they will do is give you a Miranda Warning:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you?”
Sometimes, a cop will also ask, “With these rights in mind, do you wish to speak to me?” Just say no! Even if you are innocent, say no. It is better to have an experienced attorney by your side protecting your rights than to do it by yourself. Although police might intimidate you into talking, they could turn what you say into an admission of guilt. Don’t let them! Innocent people try to explain themselves to the police. This is a mistake because your words could be twisted by police. Don’t say a damn thing!
You have a 6th Amendment right that guarantees you the right to be represented by an attorney in a criminal case where jail or prison time may be imposed. If questioned by the police remember to remain silent and ask for an attorney. Remember it is the police’s job to put you in jail, so don’t be afraid to ask for your attorney.
Q: There was a burglary in our neighborhood, so police officers were wandering the neighborhood to ask people if they saw anything. When they got to my door, I politely invited them in and even offered them a drink of water. Then one of the officers tells me that he saw a marijuana joint on my kitchen table and goes to arrest me. I was like, “what?” Yeah, I forgot that I left a joint on the table, but I was really nice to these guys and invited them into my home. Was this legal?
Your first mistake was inviting the cops into your home. Never, ever do this! Even if you don’t have anything to hide, police should not be allowed into your home. You could have talked to them on your front porch rather than inviting them in. If you wanted to offer them water, you still could have done this on your front porch.
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