How to React when Stopped by the Police
Ask why you were stopped., Ask if you are free to leave., Exercise your right to remain silent., Consent only to a weapons frisk., Pay close attention.
Step-by-Step Guide
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Step 1: Ask why you were stopped.
A police officer may stop and temporarily detain you if he suspects you were engaged in illegal activity.
This is called a "Terry Stop." Under this scenario, the officer can only ask you questions about the particular suspicious activity he observed.Ask the officer why you were stopped so that you know what kinds of questions he is legally permitted to ask you.
If the officer says he stopped you because he saw you smoking marijuana, politely refuse to answer questions unrelated to your smoking marijuana.
Give the officer your full name if he requests it.
He is permitted to ask for it. -
Step 2: Ask if you are free to leave.
You have the right to terminate a police encounter unless you have been detained or arrested.
Stopping a person to inquire about suspicious activity does not necessarily qualify as a detention or arrest.Say to the officer, "I have to be on my way.
Am I free to go?" If he does not have reasonable suspicion to detain you or probable cause to arrest you, he must say yes.
If the officer does not let you go, then ask, "Am I being detained or arrested? If so, what is the basis for the detention or arrest?" If the officer is able to articulate a basis for the detention or arrest, then you are not free to leave.
If he cannot articulate a reason, ask politely if you can go. , If the officer persists in questioning you, do not feel obligated to answer his questions.Tell the officer: "I'd like to remain silent and I'd like to speak to a lawyer." Do not under any circumstances say anything to incriminate yourself. , During a Terry Stop, a police officer is permitted to pat down (or "frisk") a person for weapons in order to protect his own safety.
If the officer feels something on the person that might be a weapon, he can remove it for further inspection.
However, he is not permitted to remove or inspect any other illegal items that do not appear to be weapons.If the officer asks to pat you down, allow him to do so.
However, if you are not carrying any weapons, do not allow him to search your pockets or remove any other suspicious objects.
Instead, insist to him that you are not carrying any weapons.
If the officer asks for your consent to conduct a search beyond a weapons frisk, say no and ask to see a warrant. , If you feel an officer may have violated your rights, pay close attention to what the officer said and did during the encounter.
Once it is completed, write down exactly what happened.For example, if the officer feels a soft object in your pocket, removes it and discovers you are carrying drugs, this may have been a violation of your rights because it is beyond the scope of a weapons frisk permitted during a Terry Stop.
If you are later charged with a crime, be sure to tell your lawyer that the officer discovered the drugs in the course of searching for weapons.
Your lawyer may be able to dismiss the charges by arguing that the evidence against you was obtained illegally and must be suppressed. -
Step 3: Exercise your right to remain silent.
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Step 4: Consent only to a weapons frisk.
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Step 5: Pay close attention.
Detailed Guide
A police officer may stop and temporarily detain you if he suspects you were engaged in illegal activity.
This is called a "Terry Stop." Under this scenario, the officer can only ask you questions about the particular suspicious activity he observed.Ask the officer why you were stopped so that you know what kinds of questions he is legally permitted to ask you.
If the officer says he stopped you because he saw you smoking marijuana, politely refuse to answer questions unrelated to your smoking marijuana.
Give the officer your full name if he requests it.
He is permitted to ask for it.
You have the right to terminate a police encounter unless you have been detained or arrested.
Stopping a person to inquire about suspicious activity does not necessarily qualify as a detention or arrest.Say to the officer, "I have to be on my way.
Am I free to go?" If he does not have reasonable suspicion to detain you or probable cause to arrest you, he must say yes.
If the officer does not let you go, then ask, "Am I being detained or arrested? If so, what is the basis for the detention or arrest?" If the officer is able to articulate a basis for the detention or arrest, then you are not free to leave.
If he cannot articulate a reason, ask politely if you can go. , If the officer persists in questioning you, do not feel obligated to answer his questions.Tell the officer: "I'd like to remain silent and I'd like to speak to a lawyer." Do not under any circumstances say anything to incriminate yourself. , During a Terry Stop, a police officer is permitted to pat down (or "frisk") a person for weapons in order to protect his own safety.
If the officer feels something on the person that might be a weapon, he can remove it for further inspection.
However, he is not permitted to remove or inspect any other illegal items that do not appear to be weapons.If the officer asks to pat you down, allow him to do so.
However, if you are not carrying any weapons, do not allow him to search your pockets or remove any other suspicious objects.
Instead, insist to him that you are not carrying any weapons.
If the officer asks for your consent to conduct a search beyond a weapons frisk, say no and ask to see a warrant. , If you feel an officer may have violated your rights, pay close attention to what the officer said and did during the encounter.
Once it is completed, write down exactly what happened.For example, if the officer feels a soft object in your pocket, removes it and discovers you are carrying drugs, this may have been a violation of your rights because it is beyond the scope of a weapons frisk permitted during a Terry Stop.
If you are later charged with a crime, be sure to tell your lawyer that the officer discovered the drugs in the course of searching for weapons.
Your lawyer may be able to dismiss the charges by arguing that the evidence against you was obtained illegally and must be suppressed.
About the Author
Michelle Hill
Dedicated to helping readers learn new skills in practical skills and beyond.
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