Thursday, August 14, 2014

What do I do if I get pulled over or stopped by the police?


Your rights when you get pulled over:
  1. You must have been pulled over because the officer had "reasonable suspicion" that you have broken the law. 
  2. So if you don't get a warning, citation, or if your car is not searched, something is wrong. Even if you do not get a badge number the stop is documented.  
  3. If you feel you've been wronged, contact the police station for the report and an attorney for assistance.
  4. You have the right to refuse to consent to a search of yourself, your car or your home. If the police have a warrant or the right to search, they will simply begin the search, not ask your permission. 
  5. I would suggest that you begin an audio recording of your encounter while your cell phone is in your pocket. You do not have to inform the officer that you are doing this, as long as you are aware of the recording, it is lawful. 

Your rights if you get stopped on the street:
  1. Ask if you are under arrest, if you’re not, you have the right to calmly leave
  2. If you get arrested: You have the right to remain silent. 
  3. Provide identification and advise the officer that you are choosing to otherwise remain silent. 
  4. You have the right to a lawyer if you are arrested so ask for one immediately. At this point, the police cannot ask you questions for an extended period of time.  
  5. You've seen "First 48," if an officer says, "I can only help you if you talk,"  DON'T BELIEVE THEM! It's their job to get as much information from you as possible to help their case against you. 
  6. Regardless of your immigration or citizenship status, you have constitutional rights. 
  7. Police Officers are not lawyers, they are not required to tell you what the law is. If you have questions ask an attorney, but remain silent while you're in custody.  

Your Responsibilities 
  1. Stay calm and be polite and do not interfere with or obstruct the police. (You attract more bees with honey) 
  2. If you are pulled over: Keep your hands on the steering wheel and turn on your interior lights. 
  3. Do not lie or give false documents. Remember “Law and Order,” everything you say will be used against you (and because lying is bad).
  4. Remember the details of the encounter and relay them to your attorney immediately.


If you have questions about your rights contact me at (919) 321-6569, Nastasia@kisalawatkins.com, www.KisalaWatkins.com