Do's and Dont’s When You Encounter Police

Written by: Doug Ridley

How To Interact With Law Enforcement During an Investigation or Interrogation

Whether you are pulled over for running a red light or are being investigated for an alleged crime, interacting with law enforcement can be stressful. However, it is important to remember that that same encounter may be just as stressful for the officer. Treating them with respect and understanding while still exercising your rights will go a long way.

At Ridley Defense, we represent individuals who have been arrested for a crime in Ventura County and the surrounding areas. Attorney Douglas Ridley is a former Deputy District Attorney who spent years working alongside officers, giving him a unique perspective into what they are asked to do in order to protect our communities. 

If you have been arrested for a crime, contact Ridley Defense at (805) 208-1866 for a complimentary consultation.

1. Be Overly Nice

The entire team at Ridley Defense has always maintained a positive, productive relationship with local law enforcement and encourage our clients to do the same. By taking this approach instead of an adversarial one, we are able to provide the highest level of legal representation and achieve favorable outcomes.

When you encounter police, set yourself apart by being kind. Officers are often under an insurmountable amount of pressure. They are asked to put their lives on the line every day. They approach traffic stops and crime scenes without knowing whether a suspect may be armed and dangerous. They may have a family waiting at home. 

Remember, you do not have to answer incriminating questions; instead of arguing with an officer, respectfully state that:

  • You are not making any statements; and
  • You have an attorney.

You can be polite without giving up your right to remain silent. Be straightforward and refrain from answering any questions such as “How much have you had to drink?” or “Where are you coming from?” Be calm and cooperative throughout the entire conversation.

2. Tell Law Enforcement They’re Right

Change the tone of the conversation. Let the officer know that you appreciate what they do. Remember, they are trying to do their job. By letting them know that you understand how hard they work and the unimaginable things that they face, you can let them know that they are right without incriminating yourself. 

Remember, what you say can and will get used against you. If you say that you had two drinks two hours ago, you just admitted to drinking. Address the officer with respect, using Yes and No sir or ma’am and do not interrupt them or tell them why they are wrong.

3. Follow Instructions

Always follow the instructions or directions of an officer. Do not make sudden movements or argue with law enforcement. Exercise your right to remain silent and ask to speak to an attorney.

It may seem obvious, but never resist arrest or attempt to obstruct their investigation. If you escalate the situation, there could be additional charges, or it could be perceived as a threat to the officer’s safety. Do not get angry or frustrated; just remain steady and do as asked.

4. Exercise Your Rights

Being respectful and non-confrontational does not mean that you should give up your rights. Always exercise your constitutional rights during an investigation or interrogation. 

The two most important rights you should assert during an encounter with a police officer are:

  • Your right to remain silent; and
  • Your right to an attorney.

Most people are nervous when they get pulled over. Even if they have done nothing wrong, they may have anxiety about speaking with a police officer. Just remember to stay calm and be careful about what you do and say. A seemingly innocent statement or response to a question could end up giving the officer probable cause to search your vehicle or reasonable suspicion to continue the investigation.

5. Get a Business Card

In the event that an officer would like to ask you questions about an incident, do not be shy about getting a business card. You have the right to an attorney during questioning. If an officer would like to have an investigatory conversation, it is in your best interest to contact an attorney and have them reach out.

If you know that you are going to be investigated for a crime, you need an attorney. Do not wait until you have been charged. If approached or contacted by law enforcement, let them know that you would like a business card so that your attorney can get in touch and schedule something in the future. Again, as with any interaction, remain calm and respectful. 

6. Don’t Appear Aggressive, Dangerous, or Threatening

Never, under any circumstances, appear aggressive, dangerous, or threatening. You may feel frustrated by being pulled over or approached, but it does not give you the right to use intimidation or threats. This kind of behavior can lead to additional penalties and may put you in an unsafe situation if the officer fears for their own safety.

7. Don’t Argue

You are not going to win in an argument against an officer. You may disagree wholeheartedly with why they pulled you over. You may be 100% innocent. You still will not win the argument.

The best way to prove your point is to hire an attorney. Do not let a run-of-the-mill traffic stop turn into a charge for resisting arrest. If your rights were violated, let our experienced legal team handle it.

8. Don’t Do a Field Sobriety Test (FST)

Too many times, people that are pulled over for driving under the influence (DUI) want to prove that they are not drunk. They end up consenting to completely voluntary field sobriety tests (FSTs) that are designed to help the officer make a case against you. These tests are not scientific and are not required. You have the right to politely decline field sobriety tests.

9. Don’t Refuse a Chemical Test

A chemical test, however, is required if you are arrested on suspicion of DUI. If you refuse to take a chemical test after an arrest, you could face additional penalties, including a year-long driving suspension. 

Clients ask whether it is better to consent to a blood or breath test after an arrest for a DUI. In general:

  • breath test is recommended if you just drank as the alcohol has not hit your system yet.
  • blood test is recommended if you drank earlier. A blood draw will take longer since you will have to be transported to the hospital.

A breath test can only detect alcohol. If you have drugs in your system, a blood draw may result in far more negative implications.

10. Don’t Incriminate Yourself

Finally, don’t incriminate yourself. Do not tell the officer that you were drinking or coming from a bar. Remain silent. Exercise your rights in a respectful manner. If the stop or search was illegal, we will help fight the charges and prove your innocence. If the stop was legitimate, we will help minimize the damage and get your life back on track. Either way, let us do the heavy lifting while you focus on moving forward.

Contact Ridley Defense Today

At Ridley Defense, we know how overwhelming a police encounter can be, but we can help. We are here to guide you through the legal process and help you get the best possible outcome in your case. Our team is experienced, well-trained, and highly respected. We know the incredibly tough job that law enforcement has and always work with them to achieve favorable results for our clients.

Contact our office at (805) 208-1866 to discuss your case today. We have handled thousands of cases and are committed to helping clients towards a better tomorrow.

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