What to do if you are pulled over?

This memo is to help guide you when confronted by the police. It is not a get out of jail free card, it is to inform you of your rights. I will go over vehicle and pedestrian searches, if you have any specific questions please email streetsyndicatemfg@gmail.com or sallenlawpllc@gmail.com and I will do my best to respond.

The laws you should know, The fourth and fifth amendment.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

“a warrantless search may be lawful, if an officer has asked and is given consent to search; if the search is incident to a lawful arrest; if there is probable cause to search and there is exigent circumstance calling for the warrantless search.  Exigent circumstances exist in situations where a situation where people are in imminent danger, where evidence  faces imminent destruction, or prior to a Suspect’s imminent escape.”

Vehicle Stop:

When you are stopped by an officer and you are in or on your vehicle (this excludes mobile homes and motorhomes), the officer must have probable cause to pull you over. That is there reason behind the excess of traffic violations, police need probable cause to execute a traffic stop. After you are pulled over the officer can legally ask you for identification, Give it to the officer, don’t be an asshole it will just hurt you. If the officer didn’t tell you why you were pulled over, you have the right to politely ask, buy this is no time to argue even if the cop is wrong. Remember anything you say, ANYTHING the cops will use against you and likely twist in their favor. Now, this is very important, DO NOT CONSENT TO A SEARCH, the officer is permitted to walk around your vehicle and if it is at night he will use a flashlight, the officer is not allowed to ask you to open your door, if he asks you to roll down your rear window you can decline and say “am I under arrest” and if he says no, then ask “ am I free to go”. Do not argue, do not be rude just don’t say a word. You are not required to answer any questions so when the officer asks where you are going, you politely say, “I am not going to answer any questions, If I am not under arrest I would appreciate my ID back so I may leave.

Vehicle search:

            An officer may only pull you over when he has probable cause. He is not allowed to search your vehicle unless, 1) there is a warrant, 2) you consent or 3) you are arrested.

Warrant search: you are pretty fucked, the officer can search your car

Consent : You are fucked, do not consent, do not let them search.

Arrested: if you are arrested the officers may search your immediate grab area, which in some cases would apply to the glove box, but not if it is locked and not your truck.

A side note that you should remember, there is another way an officer may search your car, if he has reason to believe that there is any evidence in furtherance of a crime. If an officer sees you buy drugs he may search your car, may in some cases be limited to exclude a locked glove box. Or if you are linked to a crime by a vehicle description, the officer may search your vehicle.

*pro tip, if you are feeling shady make sure you have a small lock box that can lock with a key and keep it in your glove box, locked and don’t be a dummy and keep your registration in a different place so you don’t have to open the glove box.

Please remember, if your car is towed, the officer is allowed to do an “inventory check” that is their bread and fucking butter to find shit in your car. Don’t roll dirty get your shit registered, and don’t fall victim to this trick they use.

Take away:

• be polite
• You are not required to talk or answer questions (5^th amendment)
• Do not consent to a search
• Don’t say a fucking word, don’t argue at all just stay silent and polite.
• If you are drunk, don’t say a word, don’t do the field sobriety test, you will be arrested but its better this way (a DUI memo will follow this)

Pedestrian contact:

            If you are contacted by the police and you are not in a vehicle and you are not in your home, the police can ask for identification. They are also allowed to “frisk” you for weapons When a police officer has reasonable suspicion that an individual is armed, engaged, or about to be engaged, in criminal conduct, the officer may briefly stop and detain an individual for a pat-down search of outer clothing.  If you are arrested you will be “searched incident to a lawful arrest”