Be careful what you say to a police officer. Whatever you say can be used against you later. And whatever you say can give the police an excuse to arrest you. You must especially avoid using foul language against a police officer.
If you are stopped in your car, you must show your driver’s license and registration. But you do not have to answer questions after you are detained or arrested. You do not have to allow the police to search your person, your car, or your house before you are arrested. They might demand to search your car based on their own determination of probable cause. Do not stop them from doing this, but make clear that you are not giving consent to this. If the police say they have a search warrant, ask to see it.
The police can pat down your outer clothing if they think that you have a weapon. Don’t resist the pat down, but make clear to them that you don’t consent to any search beyond this.
If the police give you a ticket and you think you are innocent, sign it anyway. You can fight the charge in court when the time comes. By refusing to sign the ticket, you can give the police a very good excuse to arrest you.
If you are ultimately arrested, you have no duty to talk to the police. The police must give you a Miranda warning advising you of your rights before post-arrest questioning. Do not waive your rights at this point and do not say anything to the police except for giving your name and address. Avoid falling into the trap laid by a charming police office and do not try to explain the situation. Everything you say can be used against you in court and likely will be. Immediately demand to see a lawyer that can protect your constitutional rights.
Following these simple guidelines can avoid getting you in unnecessary trouble with the law and will safeguard the substantial protections that the Constitution gives us as American residents and citizens.
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