To truly maintain your rights, you must never open your mouth. But this article is about being civil and not answering questions. In a nutshell, the answer is to say, “I prefer not to answer any questions unless I have an attorney present,” and that’s it. But this article addresses some history and scenarios. So you got lit up by a patrol car and were pulled over. As the police officer runs your vehicle registration, you fumble for your driver’s license. In your rearview mirror, you see the officer approach your passenger side window as you make sure to keep your hands visible or even grab the steering wheel with both of them. You see him gesture to roll down your window, so you crack it just enough to speak through the crack.

“I need to see your license registration and proof of insurance.” He asks: “Do you know why I pulled you over?’ As you reach for your glove compartment, you make sure your camera phone or built-in vehicle cam is recording; you wonder, “Will asserting my right to remain silent make your ticket worse?” “Should I refuse to answer the police officer’s questions?” “I don’t feel comfortable answering.” “What if I politely refuse?” These are things many a detained autoist has asked themselves in this exact spot. Most motorists know they don’t have to consent to a search but don’t understand what remaining silent really means.

I am world famous civil rights and car accident attorney, Michael Ehline. I have vast experience in Constitutional law and understanding constitutional rights. I am here today to help freedom of speech auditors, and others understand their rights before, during, and after a traffic stop in California and Texas.

I will also go into what a lawyer’s job is once you’ve been hauled off to the police station after refusing to answer police questions. Ultimately, it will give you some options to talk to a lawyer about any charged criminal offense with no upfront fees for a free consultation.

Since the advent of automobiles, the treatment of motor vehicles within the scope of the Fourth Amendment has been a matter of contemplation for armed law enforcement, as well as unarmed lawmakers, the judicial system, and many government officials, with limited exceptions.

I Got Pulled Over. What Are My Duties?

When pulled over by law enforcement, it is essential to follow these steps:

1. Safely pull over: As soon as it is safe, find a suitable location to pull over, ensuring that you are not obstructing traffic.
2. Turn off the engine: Once stopped, turn off your vehicle’s engine to signal compliance.
3. Make yourself visible: Turn on the internal light of your vehicle if it is dark outside. This will allow the officer to see the vehicle’s interior clearly.
4. Keep your hands visible: As the driver, place your hands on the steering wheel in a visible and non-threatening manner. Passengers should also keep their hands visible, such as resting them on their lap.

Following these steps can help create a safer and more cooperative environment during the traffic stop. It is important to remain calm and cooperate with the officer’s instructions while also being mindful of your rights. If pulled over, you must provide your name to law enforcement officers. In that case, you can show your license, registration, and proof of insurance and identify yourself that way.

However, it’s important to note that providing your name does not mean you must answer any other questions the officer poses. However, you are not legally obligated to answer any additional questions beyond providing the necessary documents. If the cop persists, don’t try and defend or argue; say, “I feel more comfortable answering questions with a lawyer present.”

Can I Legally Audio and Video Record Police?

Yes, you can. But old-school cops hate it and see it as threatening their authority. Plus, there are rules to follow, or you could be charged with resisting, obstructing, or delaying, which is explained in more detail on this page. This is more important for bystanders filming a video of police arresting someone on the streets in or near a crime zone.

Fourth Amendment 101

I assume you already know a constitutional right in connection with your U.S. citizenship. For those who don’t, these rights are among many enumerated civil liberties retained by the “We the People.” The Fourth Amendment safeguards the right of individuals to be free from unreasonable searches and seizures, protecting their persons, houses, papers, and effects. In general, once an officer has completed the necessary tasks to check the license plate and insurance information and ensure a lawful stop, they should not further detain the driver or passengers without reasonable cause.

The Fourth Amendment protects individuals from unreasonable searches and seizures, including prolonged detentions without valid justification. Therefore, unless the officer has other reasonable suspicion or probable cause to suspect criminal activity, they should allow the driver and passengers to proceed without further delay.

Various law enforcement personnel, such as state or local police officers, members of Joint Terrorism Task Forces, and federal agents from agencies like the FBI, Department of Homeland Security (including Immigration and Customs Enforcement and the Border Patrol), Drug Enforcement Administration, Naval Criminal Investigative Service, and others, have been involved in this discourse.

For instance, in Los Angeles County, California, this could encompass deputies from the LA County Sheriff’s Office, troopers from the California Highway Patrol, officers from the Santa Monica Police Department, or personnel from any other police department. The same goes for overzealous CPS officers trying to seize your children.

What if the Cop Threatens A Warrantless Search?

The police are not supposed to search you if you are not under arrest, or if they lack a valid warrant. No matter how simple the questions, what the officer tells you, or how much you want to talk, assert your right to resist nonviolently. In the case of Byrd v. United States, the Supreme Court established new limitations on warrantless searches of vehicles. The Court ruled unanimously that a lawful driver of a rental car has a reasonable expectation of privacy, even if they are not listed as an authorized driver on the rental agreement.

The decision stemmed from a case where a man, driving a rental car with permission from his girlfriend, was pulled over and subsequently found to be transporting illegal drugs. The Court determined that the driver’s consent to search the vehicle without a written order was necessary, as he had lawful possession and control over it. This ruling has significant implications for law enforcement, especially in situations involving rental cars used in criminal activities connected to defense associated with unreasonable searches and seizures.

CAVEAT: The officer’s endeavor to secure a subpoena may or may not be fruitful. Should you receive a subpoena or encounter a situation where an officer threatens to obtain one on your behalf, it is advisable to seek legal advice by contacting a qualified professional. It’s never a good idea to make sudden movements or run away to avoid citation or arrest. Never physically resist a “pat-down,” but instead PROTEST, ” I do not consent to a search; I need my lawyer now.”

What About Warrantless Searches of Parked Cars?

In the case of Collins v. Virginia in 2018, the Supreme Court imposed restrictions on warrantless searches of vehicles parked in residential driveways. The case involved a conflict between the “fleeting targets” or “automobile” exception, which allows warrantless searches of vehicles under certain circumstances, and the concept of “curtilage,” which extends Fourth Amendment protections to the immediate surrounding area of a residence.

The defendant had parked a stolen motorcycle in his girlfriend’s driveway, and police officers, relying on the fleeting targets exception, searched the vehicle without a warrant. The Supreme Court overturned the lower Court’s decision, emphasizing that officers must have lawful vehicle access to search for the automobile exception. Warrantless entry onto the curtilage for a vehicle search would require consent, difficult circumstances, or specific search terms related to probation, parole, or post-release community supervision.

Here are some other vital examples:

1. Officers can initiate a vehicle stop based on “reasonable suspicion” of a traffic violation or criminal activity rather than requiring probable cause. (Heien v. North Carolina, 2014; Whren v. U.S., 1996.).
2. Officers can order the driver and passengers to exit or re-enter the vehicle. (Maryland v. Wilson, 1997.)
3. If a driver fails to produce their license and registration, officers may search areas of the vehicle where such documents are typically kept. (People v. McKay, 2002.)
4. Officers may perform suspicionless checks of the Vehicle Identification Number if necessary. (New York v. Class, 1986.).
5. Officers can search areas and containers where weapons may be concealed if there is reasonable suspicion of weapons in the vehicle. (Michigan v. Long, 1983.).
6. Officers can request the driver’s consent to search the vehicle, even without suspicion of wrongdoing. (Ohio v. Robinette, 1996.).
7. If a vehicle has been lawfully stopped and is suspected to have been used in committing a crime, it can be searched without a warrant for evidence related to that crime. (People v. Griffin, 1998.).
8. The entire vehicle can be searched if the driver is on probation, parole, or post-release community supervision. In contrast, a passenger’s search is limited to areas where evidence could be placed or discarded. (People v. Schmitz, 2012.).
9. During a lawful custodial arrest, officers can search the vehicle’s passenger compartment if the arrestee is unsecured and within reaching distance or if there is reason to believe evidence of the arrest offense may be found in the vehicle. (Arizona v. Gant, 2009.).
10. Suppose officers have lawful access and probable cause to believe the vehicle contains evidence or contraband. In that case, they can search any part of the vehicle and any container that could hold the items they are searching for. (S. v. Ross, 1982).
11. Officers may check for outstanding warrants for the driver, but they can only extend a traffic stop if there is reasonable suspicion of criminality. They can deploy a trained police dog around the vehicle without extending the duration of the stop, and a positive indication by the dog can serve as probable cause to search the vehicle. (Florida v. Harris, 2013.).

What About Marijuana Smells, etc?

The November 2018 case of People v. Fews addressed an important issue related to post-Prop 64 California and the legalization of marijuana. The case clarified that evidence of marijuana can still serve as probable cause for a warrantless search of a person or vehicle, despite the legalization of cannabis. This means that law enforcement officers can still conduct searches based on the presence or suspected presence of marijuana, even in states where it has been legalized. The ruling highlights that the legalization of cannabis does not eliminate the ability of officers to use marijuana-related evidence as a basis for conducting searches without a warrant.

These above legal decisions provide guidance to law enforcement officers and their employer agencies regarding their responsibilities and authority to conduct vehicle searches and arrests of a citizen in an incident.

Fifth Amendment Right to Remain Silent

The Fifth Amendment of the United States Constitution protects an individual’s right to remain silent. This means that a person cannot be compelled to incriminate themselves in a criminal case. So you still have the right to refuse to answer questions from law enforcement or other authorities. This constitutional right prevents self-incrimination and ensures a fair legal process.

Police Can Legally Lie and Trick You?

Yes. Did you know that cops have the right to lie to you during police interactions knowingly? A variety of law enforcement officers could question you, and what each officer may do during the interrogation may vary significantly. But in general, only a judge can order you or witnesses to answer questions, and even then, you must never cop a plea till you as for a lawyer. Recognizing that non-citizens should consult Section IV for supplementary details regarding this issue is crucial. It is important to stress that regardless of whether a law enforcement officer threatens to obtain a subpoena, you are under no obligation to respond, and any answers you volunteer to make can be used against you during a police encounter.

Sixth Amendment Right to Counsel

The Sixth Amendment of the United States Constitution guarantees the right to counsel. This right ensures that individuals have the right to legal representation in criminal prosecutions. They have the right to an attorney to assist in their defense, including during trial, questioning, and other critical stages of the legal process. If a person cannot afford an attorney, one will be provided to them by the state. The Sixth Amendment’s right to counsel is essential for ensuring a fair trial and protecting the accused’s rights throughout the criminal justice system.

Vega v. Tekoh and US v Miranda?

Many of us older folks who watched CHIPS or One Adam 12 are familiar with Miranda Warnings. But the truth is, modernly, Miranda warnings are not required for every non-custodial traffic stop.

Vega v. Tekoh held that a Miranda warning is not required every time a police officer initiates an interaction, and it applies explicitly when two conditions are met:

1. Custody: The Miranda warning applies when a person is deprived of their freedom of action significantly. Routine traffic stops, for example, are generally not considered custodial situations where a Miranda warning is required.
2. Interrogation: The Miranda warning applies when a person is subjected to questioning or interrogation that is intended to elicit an incriminating response. If a person is in custody but not being actively interrogated, any statements they voluntarily make may be admissible in Court, even if they haven’t been read their Miranda rights. This situation remains static unless the suspect wants to talk to or call a lawyer.

Police officers are not required to read the Miranda warning during the custodial detention itself. They are obligated to provide the warning only when a suspect is in physical custody and being subjected to custodial interrogation. Sadly, this is largely based on what a judge decides that is or isn’t and not the suspect’s state of mind, even though it should be. However, it’s important to note that some officers may choose to read the Miranda warning even in situations where it may not be legally required.

Waiving Your Rights Voluntarily?

Yes. When referring to a “consensual encounter” with the police, law enforcement officers generally investigate to see if the investigative detention should result in an arrest. For example, were you speeding, or is the officer suspicious you are also high on marijuana or cocaine? Opening your mouth means you waive your right to remain silent, even if you say “I don’t answer questions.”

Is Speaking with a Police Officer a Consensual Encounter?

Yes. And saying “I don’t answer questions” is volunteering a statement that can definitely be used to make you look like a jerk to a judge or jury later on. You just answered a question! Police are looking at your temperament and body language as you rebelliously taunt them in this manner. During a consensual encounter in public, the individual who opens his mouth is consenting, despite the fact they are not required to answer any questions. In a public street or as a passenger, only a car driver is generally required to provide identification or other documents.

Here are a few factors that can help determine if a statement or evidence obtained during an encounter with the police is consensual:

1. Absence of detention: The police officer does not restrict your freedom of movement or create a situation where a reasonable person would not feel free to leave. In such a scenario, you are free to terminate the interaction and walk away back to your home and family otherwise.
2. Voluntary cooperation: During a consensual encounter, any interaction or conversation with the police is entirely voluntary. You have the right to decline to answer questions or provide information by simply not gesturing or speaking. Anything you say can be used as evidence.
3. No showing of authority: The police officer does not display their authority through actions such as flashing lights, blocking your path, or using a commanding tone. They may approach you in a friendly manner to ask questions, but you are not obligated to engage in conversation.
4. Awareness of rights: Understanding your rights and knowing that you have the option to refuse or end the interaction can help determine if it is consensual. If you feel uncertain about the nature of the encounter, you can politely ask the officer if you are free to leave.

How to remain silent when detained by police without being a jerk?

Remaining silent when detained by the police is your legal right; exercising that right to protect yourself is important.

Here are some tips for remaining silent without being disrespectful or confrontational:

1. Stay calm and composed: Maintain a calm and respectful demeanor throughout the interaction. Avoid displaying aggression or hostility.
2. Be polite: Without speaking, be polite and respectful when police try to force you to interact with them. If you feel intimidated and forced to speak, address them as “Officer” or “Sir/Ma’am.” We have all seen certain First Amendment auditors call the police “cowards” or ‘beta males” to antagonize them while recording traffic stops and other encounters. This is not a good idea and a failure of common decency. Always be professional and courteous. If it goes to Court, you want a jury to like you.
3. Express your intention to remain silent: You can always politely and clearly state that you would like to exercise your right to remain silent. You can say something like, “I would like to exercise my right to remain silent. I prefer not to answer any questions without my attorney present.” Be careful and remember that respect goes both ways. Also, remember this gives the officer a chance to say you slurred your words, so he can further detain or jail you.
4. Avoid unnecessary arguments: Refrain from engaging in arguments or debates with the police. Even if you believe they are wrong or violating your rights, addressing those concerns later through appropriate channels and requesting administrative action in extreme police abuse cases (Pitchess Motion, etc.)
5. Follow lawful commands: Cooperate with lawful commands such as providing identification or stepping out of the vehicle if asked. However, you are not obligated to answer questions beyond identifying yourself as the officer is conducting their investigative stop.
6. Seek legal representation: If you are detained or arrested, ask for a lawyer and refrain from providing any statements until you have legal representation present. Your attorney will listen to your side and guide you through the process. Their goal is to protect your rights if you get charged with resisting arrest or another offense.

Remember, the key is to assert your rights while remaining respectful and cooperative. It’s important to prioritize your own well-being and protect your legal interests during any interaction with law enforcement, even to the most simple questions.

I am Carrying a Firearm in My Car. Do I Have to Tell the Officer?

In some jurisdictions, a legal requirement may exist to inform law enforcement officers that you are carrying a firearm or concealed weapon during a traffic stop. For example, Texas conceal carry laws require you to inform the officer. This is often referred to as a “duty to inform” law, whether the officer asks for additional information about a gun or not.

Based on Section 411.205 of the Texas Government Code, individuals with a license to carry a handgun (LTC) in Texas must comply with the “duty to inform” law.

According to this law, if a person with an LTC is carrying a handgun and is asked by a peace officer to show identification, they must present the following:

1. Their driver’s license or other form of identification.
2. Their handgun license (LTC).

Additionally, if the person’s handgun license has a “protective order designation,” they are also obligated to display a copy of the protective order or magistrate’s emergency protective order associated with that designation.

Generally, in California and Texas, there is no legal obligation to voluntarily disclose the presence of a non-CCW licensed firearm, even if specifically asked by the officer. This is often referred to as a “no duty to inform” or “must-be-asked” policy.

What if I speak to law enforcement officers anyway?

Another simple tip is to never lie to an officer. Refusing to answer is one thing—lying is another.

What if I am asked to meet with police officers for a “counter-terrorism interview”?

It will often depend on what kind of law enforcement officers might try to question you. If you are asked to meet with police officers for a “counter-terrorism interview,” it is important to approach the situation cautiously and understand your rights.

Here are a few key points to consider:

1. Request clarification: If you receive such a request, you can ask for clarification regarding the purpose, nature, and scope of the interview. Understanding why you are being asked to participate can help you make informed decisions.
2. Consult an attorney: It is advisable to consult with an attorney before agreeing to participate in an interview with law enforcement, especially in potentially sensitive matters like counter-terrorism. An attorney can provide a safe place to offer guidance on how to protect your rights and interests during the interview.
3. Exercise your rights: Just like any other interaction with law enforcement, you have the right to remain silent and the right to have an attorney present. You can politely inform the officers that you would like to exercise these rights and defer the interview until you have sought legal counsel.
4. Document the encounter: If you decide to proceed with the interview, consider documenting the interaction by taking notes or recording it (if legally allowed). This can help ensure an accurate record of what was discussed during the interview at a later time.

Remember, engaging in a counter-terrorism agency interview can have serious implications. So it remains crucial to prioritize your rights and seek professional legal advice to protect your interests before you are interviewed and throughout the legal process.

Immigration Status?

Here are some key points to consider:

1. Refusing to answer certain questions: Individuals have the right to refuse to answer questions related to their immigration status, birth country, or anything that may require the production of immigration documents. It is important to remain calm, peaceful, and polite while asserting this right.
2. Inquiring about detention or arrest: Passengers have the right to ask if they are free to leave, if there is any reason for an arrest, or if the detention is necessary. This can help clarify the situation and ensure their rights are respected.
3. Remaining calm and polite: Maintaining a calm and polite demeanor throughout the interaction is crucial. Being respectful towards law enforcement officers can help de-escalate the situation and protect one’s rights more effectively. If the cop is a dick, get their badge number, including his or her business card.
4. Understanding legal rights: It is helpful to be aware of one’s legal rights regarding vehicle stops and searches. Various U.S. Supreme Court and state appellate rulings have provided guidance on what actions police can and cannot take during these encounters. Consulting with an attorney or researching relevant case law can provide valuable insights.

It is important to note that laws and legal precedents may vary depending on the jurisdiction. Therefore, it is advisable to consult with an attorney who is knowledgeable in the specific laws of the relevant jurisdiction for accurate and up-to-date guidance.

Must I Sign The Notice to Appear or Summons?

Yes. Don’t just assume you are free to go because you are a sovereign citizen. There are options to fight tickets in many situations, and refusal to sign the notice to appear can land you in jail, even if you request to go before the magistrate from the arrest scene to lodge a complaint.

Conclusion:

These were just some of the examples of unlawful search and seizure, First Amendment, and other issues presented by a traffic stop. Knowing how to act under all circumstances is always a challenge. Other than the two limited exceptions in some states of providing an ID or a traffic stop, you don’t have to encounter police verbally. In Los Angeles, there are various sworn police officers responsible for maintaining law and order and ensuring public safety who may treat your situation differently than others. This includes the Los Angeles Airport Police, who are tasked with protecting and serving Los Angeles International Airport (LAX) and Van Nuys Airport (VNY).

Additionally, there are the Los Angeles Municipal Police and the Los Angeles Park Rangers, who play a crucial role in providing emergency medical services, enforcing laws, and addressing wildland firefighting danger in the city’s open space parks and throughout Los Angeles. These officers are dedicated to serving their respective areas and communities within the city of Los Angeles. To learn more or discuss your case immediately, we advise you to call us free 24/7 for a free case review at (213) 596-9642 today.