Criminally Yours: Police Stop Your Car -- Now What?
Don’t get in a car with anyone you suspect is carrying drugs or other contraband. Should that car be stopped (even on the most flimsy of pretenses), one thing could lead to another — and you might all end up in jail.
There’s a couple of ways police can stop your car: 1) a check point, 2) a traffic infraction, like not wearing a seat belt, speeding, or speaking on a cell phone, and finally, 3) just because they feel like it. (Such examples include driving-while-black or young drivers with New Jersey plates cruising Washington Heights after midnight.)
So what’s the best plan of action when you’re stopped?
The police car, one or more, will park behind you, their eyes and lights focused on you. And those lights are powerful. Generally, they’ll first run your license plate before they approach. They’re already looking for “history.”
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
First, no quick or furtive movements. Keep your hands on the wheel, particularly if there’s more than one person in the car. They’re looking for anyone making a quick duck to stash “contraband” beneath the seat, or opening a window to throw something out. Even if it’s a harmless ducking to retrieve your wallet from the floor, that raises suspicions, especially if you’re younger than 30.
Next when they approach the car, all responses should be, “Yes sir/ma’am.” No joking around, no admitting to anything. Telling them your speedometer’s broken or that you were just about to get that taillight fixed will do you no good, and are all considered admissions that will show up written on your ticket.
From a police perspective, traffic stops are one of the most dangerous situations they encounter. There’s a strict playbook on how they act and how they expect you to act. Any movement or conversation outside of the protocol will not be appreciated or tolerated. Of course there are the rare exceptions — you and the cop went to high school together; your kids play on the same little league team; your dad was the sergeant they all knew and loved — but apart from these lucky draws, you’d better stick to the plan: no fast movements; “yes sir/no sir” answers, and have your documentation ready and easily accessible. Otherwise, a stupid traffic stop can turn into a whole lot of hassle.
Police can come up with any reason they want to search your car. And there’s really only you (unless you’ve got a passenger who’s clergy and might be a bit more believeable than your drunken best friends) to contradict him. They might claim the car reeks of marijuana; your breath smells like alcohol; there’s what “appears to be” a weapon on the floor, even though it’s just the handle of your umbrella. I had one case where police said they saw (and I’m not kidding here) a marijuana leaf in the open ash tray. Not even a stem — just a leaf!
Sponsored
Profit Powerhouse: Elevating Law Firm Financial Performance
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
Document Automation For Law Firms: The Definitive Guide
Document Automation For Law Firms: The Definitive Guide
If they want to hassle you, they will. Probable cause is easily invented and only rarely contradicted in open court. In my experience, it’s a rare judge who credits a civilian’s testimony over that of a cop’s. And even fewer who would actually suppress anything.
If you’re unfortunate enough to be asked to get out of the car, again move slowly and deliberately and do whatever they ask. No sudden movements toward pockets, purses, or backpacks.
Once they’ve got probable cause (or make it up) to pull you out, searching your car top to bottom is likely in the cards. And that means everywhere. The trunk, the dashboard, any and all seat pockets, etc.
And here’s where the unwary get in more trouble. Even if you’re the guy in the back seat who just hopped a quick ride to your house with an acquaintance, if somebody stashed cocaine in the door pocket, guess who’s getting arrested for cocaine possession? All of you.
That doesn’t mean it will stick, but the car presumption states that any illegal item found in a vehicle is presumed to be possessed by everyone and anyone in that car.
Sponsored
Are Small Firms Going Big On Legal Tech?
How AI Is The Catalyst For Reshaping Every Aspect Of Legal Work
I’ve had cases where teens accepted lifts with older kids from school. They were stopped (the New Jersey plates in Washington Heights example), and a gun was found under a seat. Each one of them was charged with possession and dragged through the system. They each spent a night in jail waiting to see a judge, then paid the price of an attorney to deal with the case. The car was seized.
So a lesson to the wise, don’t get in a car with anyone you suspect is carrying drugs or other contraband. Should that car be stopped (even on the most flimsy of pretenses), one thing could lead to another — and you might all end up in jail.
Toni Messina has been practicing criminal defense law since 1990, although during law school she spent one summer as an intern in a large Boston law firm and realized quickly it wasn’t for her. Prior to attending law school, she worked as a journalist from Rome, Italy, reporting stories of international interest for CBS News and NPR. She keeps sane by balancing her law practice with a family of three children, playing in a BossaNova band and dancing flamenco. She can be reached at tonimessinalw@gmail.com or tonimessinalaw.com.