The Global Liberty Community
10 Things to Know When Interacting with the Police
On August 21st The Libertas Project hosted an event called “Know Your Rights”. These are ten things we learned from defense attorney Mark Deters.
1. Know That You Are Being Recorded
Most police vehicles have video and audio devices inside and outside their vehicles. Some police are starting to wear video cameras and audio devices. Thus, act like you are being recorded at all times. They will use these recordings as evidence against you. In some cases the police will act inappropriately and will conveniently “lose the video”. This is why it is advisable to turn on your phone’s video camera whenever you are interacting with police. It is for your own safety.
2. Keep Your Mouth Shut!
Law enforcement officers are trained to get people to admit to criminal activity. This makes their job significantly easier. Therefore, in your own self-interest you should keep your answers to a minimal (Yes, No, Maybe so). Do not: Apologize, talk, explain, or give an excuse. None of these will help you.
3. Provide What They Ask For
When a police officer asks for your driver license and insurance card be ready to hand them over. Do not give your health insurance card! Deters said that many people will accidentally hand over the wrong card and this does not look good when brought up in court, seems like you are intoxicated. If you do not have your license say, “Officer, I’m sorry, I don’t have my license with me. Can I give you my license number, social security number, dob, name, etc?”. If you do not have a license or insurance card or your license is suspended refer to rule #2 (KEEP YOUR MOUTH SHUT). Do not admit to not having insurance.
4. Ask the Cop: “Officer, Why Did You Stop Me?”
You have a legal right to know why the police officer stopped you. They have to tell you this information. If they do not tell you why, please refer to rule #2 (KEEP YOUR MOUTH SHUT). Do not argue with a police officer, you can argue in court and win.
5. Never Admit To a Crime
If you are pulled over for speeding, drinking, using drugs, or jay walking never admit to it. This does not mean that you argue with the cop. Example of phrases you could say: “I have a constitutional right to remain silent”, “I am exercising that right”, “Please stop asking me questions”, “Please stop violating my right to counsel”, “Please stop violating my right to due process of law”, and “Please stop violating my right against unlawful search and seizure”.
6. Shut Your Mouth! No Matter What the Officer Says!
After you have provided the officer will all of the mandatory information and have explained that you are exercising your right to remain silent, REMAIN SILENT. Some people state that they will be invoking this right to remain silent then answer all the officers questions afterwards which does not help your case if it goes to court.
7. All Roadside Field Sobriety Tests are Voluntary!
Field sobriety tests include reciting the alphabet, counting backwards, walking a line, balancing on one leg, and on site breathalyzers. None of these tests have been scientifically proven to show if a person is drunk or intoxicated. The police are trying to build a case against you and this is why it is all being video/audio recorded. Do not be intimidated into doing these voluntary tests.
8. Do Not Consent to a SEARCH of YOU or Your VEHICLE!
There is no need to argue with a cop just tell them that you do not consent. You can also ask that your car be locked and left at the scene of the stop. If the police tow your vehicle they are mandated to search it. Make sure that you are clear in that you DO NOT GIVE YOUR CONSENT!
9. Talk To A Lawyer Before You Take or Refuse Any Test!
If you are convicted of a DUI or UVI and you refused to take a breathalyzer at the station (not on the road), then you could face up to a year of having your licenses suspended. Do not let the fear of this repercussion effect your decision. You need to call your lawyer and ask what you should do. There are some counties where it is advisable to take the test and there are some where it will only hurt. A lawyer can estimate what your blood alcohol levels are at and advise you on taking the test. Taking a chemical test creates evidence that you consumed alcohol and/or drugs and the specific quantity. There are minimum jail sentences, fines, and court costs for specific quantities.
10. “No Refusal” Checkpoints
There are several states that now have “No Refusal” checkpoints. This means that if you refuse a field sobriety tests and breathalyzer, they have a judge on site ready to issue a mandatory blood drawing. The blood drawing will be done by a untrained police officer and by state law they are not held accountable for the damage that they do to your body. In the state of Ohio we do have these “No Refusal” checkpoints, but there has not been a case of forced blood drawing. Mark Deters said that the first person this happens to he will represent them for free.
If you have any other questions about interacting with police please leave a question below or contact Mark Deters at mark@markdeters.com, 937-434-7100 or his website thedaytonduiattorney.com
Michael Esch
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14 CommentsThoughts? Comments?
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Stephen Wildermuth August 25, 2014 , 12:58 pm
I honestly thought you were going to comment on whether flashing your boobs helped or not.
Michael Esch August 25, 2014 , 1:10 pm Vote1
bahaha My wife told me to use that picture. She thought I would get more readers.
Rafael L. August 25, 2014 , 2:17 pm Vote0
Funny, in Spain if you refuse to the breathalyzer you are fined with the highest amount as if the test was positive.
So beware about driving with some alcohol in blood in Europe.
Murray Swearengen August 25, 2014 , 7:19 pm
Great tips, thank you!
Michael Esch August 25, 2014 , 11:05 pm Vote0
That is crazy! From what I read about Europe is that you guys have a huge government problem. How is the libertarian movement going over there?
Michael Esch August 25, 2014 , 11:06 pm Vote0
No problem! I enjoyed the class that he taught and felt like they were really practical things to pass on.
Grant Brown August 27, 2014 , 3:00 am Vote0
11. Be respectful (they love it when you say sir). Cops are just humans with a bit too much power. If you piss them off they will likely use that power against you.
Michael Esch August 27, 2014 , 3:11 am Vote0
It is definitely in our self interest to be respectful to all humans especially people with perceived power.
Frank Marcopolos August 27, 2014 , 9:45 pm Vote0
That picture is priceless! (Excellent article, too.)
Michael Esch August 28, 2014 , 12:21 am Vote0
Thanks! My wife actually picked out the picture and told me I had to use it. She is kinda of awesome like that.
Frank Marcopolos August 28, 2014 , 9:12 pm Vote0
Awesome indeed.
Ken Jons-un September 26, 2014 , 2:22 am Vote0
You have a good list posted.
For those in North America this may prove very valuable in supporting your points and adding more value. I can hardly think of a more productive 45 minutes anyone could use.
https://www.youtube.com/watch?v=6wXkI4t7nuc
Randy England October 19, 2014 , 5:05 pm Vote0
As to #9: “Talk To A Lawyer Before You Take or Refuse Any Test!” you better talk to that lawyer in advance because the chance of a drunk suspect reaching the lawyer at 2:00 a.m. is slim to none. I would estimate it happens 1 chance in 10.
The purpose of refusing to blow is to deny the police a blood alcohol level to use against you in court. Unfortunately, in many states–including mine (Missouri)–the refusal to blow will cause a one year license revocation or worse. Then the cops will then get a warrant for your blood anyway, so you are screwed twice: 1) they get the blood result; and 2) you lose your license for a year.
Matthew John Hayden January 30, 2015 , 2:01 pm Vote1
Reading this makes me despair, if briefly…
Still, at least I live in liberal-central, the UK, where we can freely dri- oh, wait, no. In the UK we have almost no rights in the fact of a police stop at all.