Understanding exactly what an officer of the law is hired for and what is job actually is helps lower your stress when dealing with them. Their first job, without exception, is to protect citizens and promote peace in the United States. Many police officers have military training, so promoting peace is a big deal for them. Whether it is an army of drunk drivers or an army of foreign invaders, you had better believe that you’d find the police officers of America on the front lines.
I digress; the important issue for many citizens is how to handle themselves after they are indeed pulled over. After a stop is made, and it is suspected that the person pulled over has broken the law, the operation procedures of the police officer changes immediately. When it comes to stopping criminals, there is a 2-part process. Not only does the perpetrator have to be stopped, but he or she also has to be tried and convicted of the crime.
One of the great things about America is that in this country, we are innocent until a jury of our peers decides we are guilty. The burden to prove guilt lies on the state, and the police officers play an important role in that process. They are the first responders, and usually the only ones on the scene as the crime happens. The evidence and statements recorded there are the basis for most of the prosecution’s case.
Now, a quick disclaimer:
I do not, in any way, condone the actions of any crime, nor do I publish these tips in an attempt to make a police officer’s job more difficult. These men and women make more sacrifices in a week than most of us make in a lifetime, especially for those who have served our country in the military, I salute you.
However, it is important for citizens to understand their rights, and the laws of the country and state they live in, for one important reason. In the United States, the price we pay for being considered innocent before proven guilty is that we cannot claim ignorance to a law as a defense. Even if you didn’t know that driving down the highway and firing your gun out of the window was a crime, you are still bound by those laws as a Citizen.
There are two rules that I follow that were first explained to me whilst I was interviewing a prominent DUI Attorney in Colorado. He was representing a case of a well-liked CU Boulder student who had been pulled over for driving erratically. When it was found that he was not drunk, and he had even passed a Breathalyzer test, he was to be let go. However, he then said something that made the detaining officers suspicious, and they used it as probable cause to search his car. Inside, a piece of paraphernalia was found with some illegal drugs inside, and he was immediately arrested. He told me that if you follow these two simple rules, 99% of stops you endure would end up favorably.
“First, you always have the right to remain silent; Always, no exceptions, ever.”
“Second, you must tell the officer before he has cause to conduct a search, that you do not consent to a search of your property.”
These two steps will make any attorneys’ job much easier if your case goes to court. Pro Tip: you WILL want an attorney, when I was researching the story mentioned before; I spoke to two officers of the Boulder Police. I mentioned that the student intended to represent himself at his hearing; both immediately broke out laughing.
Most officers have received hundreds of hours of training for their job, and they are experts in gathering evidence and getting confessions. Furthermore, as a part of the justice system as a whole, and if they have an exemplary record, they make for excellent witnesses. If the idea ever creeps into your head that you are going to take on the police in court, you might as well send yourself to jail gift-wrapped.
Always assume that first, the police officer is merely looking out for your protection. However, if you feel that they have switched to gathering evidence, (which if you speak at all to them, they are) then take the lawyer’s route. Stay silent, make it known that you do not consent to any search, and then call a lawyer. Trust me, you will need them.
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