Police: What Should I Do If Stopped?

After reading the article posted about the encounter with the Florida police officer, I thought maybe I could offer some professional advice when dealing with the police (I’m a retired AZ State Trooper). To begin: Always be POLITE and RESPECTFUL when dealing with the police – this will prevent 90% of potential problems and it goes a long way. Remember, all cops are human and can have bad days or the person they stopped before you gave them a hard time. I’ll also note not all cops receive the same training – some are put on the road without a field supervision period. There are good cops (most) and not so good cops (few). Just remember “the golden rule.”

NEVER ARGUE WITH POLICE during a traffic stop – YOU WILL NOT WIN. Remain calm. If you disagree, politely state your case – you can file a complaint with a supervisor later if needed. If you have passengers (especially intoxicated ones) tell them to be quiet. One of your drunk friends heckling a cop during a traffic stop will not help you. If you feel the cop was wrong on the traffic stop you can always argue your case in court but be prepared as judges don’t appreciate those who are not. Don’t be alarmed if more cops show up when stopped – for most agencies, this is standard procedure. Always be aware of what’s going on around you – making a cop follow you for two miles after they’ve turned on the red and blues doesn’t go over well. We should do this anyway due to the terrorist threat. Keep the radio down and stay off the cellphone (use a hands free device if needed). Do I have to say this? NEVER TEXT WHILE DRIVING!

When being stopped, don’t start rummaging around in the vehicle (same for passengers). Remain still and safely pull over. Everyone needs to keep their hands in the open at all times – COPS ARE TRAINED IT’S THE HANDS THAT WILL KILL THEM. This doesn’t mean hang them out the window (this will send a message they are likely dealing with gang members). At night, turn on the dome light. Don’t try to retrieve your license, registration and insurance until they come up to your car. Keep these items organized and easily found – pulling out a six inch thick pile of papers doesn’t go over well. Additionally, if you have a gun in the glove compartment, TELL THE OFFICER BEFORE YOU OPEN IT AND REACH IN THERE! This has happened to me – I drew my .45 and it was in near his nose when he looked at me when I yelled “stop, don’t move!” He actually grabbed an unholstered gun to move it out of the way to get his paperwork and he has no idea how close he came to being shot. If you are carrying a handgun on you, I think its best you tell them, especially if they ask you to get out of the car (in some states you are required to tell them). They are usually permitted by law to temporarily take it from you while conducting business. I’ve seen cops do some silly things in these instances, such as empty the gun and even try to disassemble it. I’ve also seen cops fire the handgun in their patrol car while trying to unload it (pretty funny). Again, save any complaints for later. Personally, my mantra was everyone is always dangerous, however, I did not treat people that way. I let most people who said they were carrying a handgun keep it, simply telling them to keep their hand away from it. Yes, I watched people very carefully. This often led to a pleasant discussion about guns (in AZ it’s common to encounter people carrying handguns or guns in general). Yes, I’m pro-gun.

When asked “Do you know why I stopped you?” answer truthfully – this can save you a possible ticket or maybe get you a warning. Cops know exactly why they stopped you (99% of the time) – they want to know if YOU know and were paying attention to driving. Never try the crap you see on the internet or elsewhere advising you on how to avoid getting a ticket, how to get out of a DUI checkpoint, demanding your constitutional rights and citing law, etc. – you are risking going to jail. I suggest you obey the law and comply with the officer unless they are CLEARLY telling you to do something illegal. Again, don’t argue with the cops, you’re not going to win. Don’t videotape cops unless you feel you really need to – most don’t like it for some reason (it never bothered me). You can usually do this provided it is not interfering with the officer’s duties and your responsibilities.

In AZ, we have had incidents of guys pretending to be cops who drive old auctioned police cars (ladies, this is especially for you). Some of these cars still have push bumpers, search lights and antennas on and they resemble an unmarked police car. They have actually pulled people over (they’ve installed their own illegal police lights) and have fake badges and ID – sometimes resulting in kidnapping or sexual assaults. If you are ever in doubt about an unmarked police car pulling you over, immediately call 911, slow down and drive to a very public area or a police station. A dispatcher should be able to confirm a real cop is stopping you (keep in mind they may have to check with several agencies). If it turns out to be a real cop, stop and tell them a cop you know told you to do this for your safety. They may be mad but you remain alive.

It is possible to be confused with a wanted car and/or people (I have had this happen). We were looking for an armed robbery suspect and I located a car matching the description. We made a “felony stop” and removed the occupants at gunpoint from a distance. They were handcuffed and searched. This is scary for everyone. If this happens to you, COMPLY WITH ALL COMMANDS! There are nervous cops pointing guns at you – it will be sorted out later. I ended up apologizing profusely for the group, calming them down and getting them on their way again. Fortunately, I have a way with people. BTW: If this does happen to you, don’t think you have grounds for a big lawsuit – in most states, police are protected provided they can show probable cause.

Anyone who’s been around long enough has seen the videos of cops asking to search a person’s vehicle, seemingly out of the blue. This is part of a program taught primarily for drug interdiction. They will ask for permission to search your car, usually after they have finished their business with you. This is a consent search – you have to give to consent before they can search. They may have a form they want you to sign. If you have questions ask them. You do not have to consent. If they begin asking things like “what are you hiding?” or “what are you worried about?” they are legally moving into the area of coercing a non-consensual search. If you don’t mind – let them. If you do mind and say no - they may let you go or they may hold you until they can get a drug dog. This begins to delve into an illegal arrest by detaining you longer than necessary without probable cause (if they have probable cause they don’t need your consent). This becomes a complex legal situation – if you feel your rights have been violated, file a complaint and get a lawyer. Again, don’t get into a big argument.

So much for the scary negative stuff. The following is MY personal method of dealing with people on traffic stops: Those who were polite, respectful and honest, who admitted to the traffic violation(s) I stopped them for, tended to receive some leniency - I often reduced the violation(s) and sometimes gave them just a warning or repair order. It takes guts to do this and it also tells me they were paying attention. I also usually gave breaks to military personnel (a lot of cops do – except for places just outside of huge military bases). Give them your military ID with your driver’s license, it can’t hurt. Those who were not honest or had no clue why they were stopped tended to get a ticket(s). I had no hard set rules on this and took each case individually. Additionally, if you are stopped by a motorcycle officer, plan on getting a ticket – it’s what they do. A word of warning to the ladies: Please don’t think hiking your skirt up, unbuttoning a few buttons, flirting or crying will get you out of a ticket – it usually will guarantee it. And if you’re stopped for speeding, the old excuse of “I have to pee, I was looking for a bathroom” is worn out. Try something new! After I got a little salty, I often told people who engaged me sufficiently “If you can give me a realistic excuse I’ve never heard, I’ll give you a break.” I believe one person got that break – people are rather creative.

So I think that’s about it, I hope you find these suggestions and tidbits helpful. Know the law in whatever state you are in, obey the law and remember: I’m not a lawyer, nor am I giving you legal advice. Be careful out there.