Know your rights when stopped by police

Comments

1. JD says

   March 17, 2015 at 7:02 am

   Be very careful: these laws could vary by state. But, generally, you never have to consent to a search. They need reasonable suspicion to search your vehicle. As someone else pointed out, do not consent to a search, and if they search anyway, ask upon what basis the search is being conducted. Record this. And mention that you are in a rental car. Overall, cooperation w/ the police is the best method unless you have something to hide. They will appreciate it and likely you will get a break.

2. Brian Parker says

   March 16, 2015 at 12:41 pm

   I think Mr McGinnis is silly to share a document prepared by ” Online-Paralegal-Programs.com” I would much rather see a document prepared by an attorney, who took credit for his advice. Further, in California, I understand, the police may easily get an court order forcing a blood alcohol test. Basically, this Online-Paralegal-Programs.com advice is not accurate, and posting it every year, may cause his readers undue problems!

3. Don Nadeau says

   March 14, 2015 at 8:53 am

   Previous rental car users have been a worry of mine.

   Once at Sunport in Albuquerque the smell of marijuana was so overpowering in the vehicle–the last users were surely Cheech and Chong on a monthly rental–that I asked for another, but none was available. All I could do is ask that the smell be documented on the rental agreement and hope for the best.

   Another time after renting at Reagan National I was stopped for a “faulty tail light” (It was working perfectly). Seemingly 30 minutes passed while the officer examined the rental documents and made calls before I was allowed to go (without a ticket). Obviously, the vehicle had been pinpointed in some earlier crime.

4. David Troup says

   March 13, 2015 at 6:18 pm

   Seems to me that “asserting your rights” is just a very fast and easy way to increase suspicion that you’re hiding something and escalate things to a more unpleasant level. I can’t imagine why anyone would not want to simply cooperate unless they were, in fact, breaking the law. I suppose I might feel differently if the police interaction was in a small town where they are in the business of railroading people, but in the urban areas I travel that’s not something I worry about.

5. Michael James says

   March 13, 2015 at 5:48 pm

   I’ve been stopped a couple of times over the years for speeding. Yes, I exceeded the speed limit. In all the times, the officer explained why I was stopped and requested a drivers license , registration and prof of insurance. I had no problem with it. I disagree with the stuff above. If the officer is being a jerk, just take down his badge number or car number and file a complaint. Depending on what City your in, it will be answered.

6. nsummy says

   March 13, 2015 at 12:27 pm

   Asking if you are being detained is the quickest way to extend your stop for an even longer period of time. A majority of the people who ask this are idiots who think they are constitutional scholars and will challenge any little discrepancy between what an officer does and what he/she “thinks” is the law.

   Asking if a request is an order? Only cracking the window? Enjoy your 45 minute wait for a drug dog to arrive. And of course no break on a ticket.

7. El_Prez says

   March 13, 2015 at 9:46 am

   It may be hard to remember all the details above in the moment. 2 Phrase you can burn into your brain to keep it simple:

   Officer, are you detaining me or am I free to go?

   Officer, I do not consent to searches.

8. El_Prez says

   March 13, 2015 at 9:44 am

   Very important for business travelers in rental cars. You have no idea if some previous renter might have left a gram of weed in a baggy in a crevice somewhere. So don’t volunteer a search and possibly complicate your life when you don’t need to.