Good Cellphone Manners In Traffic Cop Stops
My book, "Good Manners for Nice People Who Sometimes Say F*ck," (only $9.48 with Amazon's discount) is anything but a traditional manners book. There's a whole section on where you draw the line between politeness and self-incrimination in traffic stops.
I'm very concerned about the erosion of civil liberties as of late in our country, and how too many people stand around blinking like livestock as our rights are yanked from us.
But there's a balance -- a sensible balance -- to be struck in a traffic stop. An excerpt from my book:
In civil liberties circles, there's a much-viewed You-Tube video by Regent University School of Law professor James Duane, titled "Why You Should Never Talk to the Police." Yes, Duane's position is "Never." He explains that by answering a police officer's questions--even if you are innocent, even if you got pulled over for something minor like an unsafe lane change--you can incriminate yourself, giving the police evidence to use against you in court that can maybe even be used to send you to the slammer.Duane's thinking seems legally sound, and I would follow it in many situations--for example, if cops wanted to question me in respect to some crime that had been committed, even if I had nothing to do with it. But in regard to traffic stops, I had my suspicions that his advice would play poorly outside a law school auditorium, in the auditorium of real life, so I reached out to a few cops and a civil liberties lawyer whose judgment I respect. One of these cops is a Washington state patrol officer with twenty-one years on the job who asked me not to use his name. He says he'd probably find it really odd, even suspicious, if a driver he'd stopped refused to say a word. "It's almost impossible for a human being in that situation to not get a little bit overly gabby. Their heart rate's up, they're nervous, those red and blue lights are heating up the back of their head, and we have a tendency to stammer in situations like that."
My First Amendment lawyer, Marc J. Randazza, who wrote a brilliant defense when a TSA worker tried to sue me for $500,000, plus a written apology and a blog takedown, was another I talked to for this section. Here, he's echoing both the thinking of the Washington State cop and retired cop Tracy Ambrico, who spent 11 of her 30 years in law enforcement as a patrol cop:
First Amendment lawyer Marc J. Randazza likewise finds the advice to just clam up seriously unrealistic. Randazza is both a civil liberties bulldog and a guy who appreciates fast cars--and not just from behind a velvet rope as a lingerie model dusts them at car shows. He drives his "to their tolerances, not the law's tolerances," when he's on the Southwest's desolate desert highways."I get pulled over going arrestably fast on a regular basis," Randazza told me. "In fact, I can't remember the last time I was pulled over for speeding and wasn't going fast enough that the cop should have taken me to jail." So, when a cop comes up to him and says "Do you know why I pulled you over?" he knows better than to say, "Nope, no idea." Recognizing that people hate being lied to and treated like they're stupid, Randazza will adopt a sheepish tone and concede to the officer, "Yeahhhh . . . I was speeding a little bit there, huh?"
Randazza explains, "That is legally inadvisable because you are making an admission and right there you got rid of your ability to plead not guilty." He acknowledges that "the textbook legal response is 'I have no idea why you pulled me over, and if you want to charge me with something, it is going to be your burden to prove it.' That's all well and good on a law school exam and nice if you want to write a legal guide. But, let's be practical. And let's be smart." Unless you look like a typical felon, the cop "probably didn't pull you over to see if he could make something up." The cop probably already knows you were speeding and probably has evidence of it, too--on radar or by estimating your speed--a technique Randazza says holds up surprisingly well in court.
More from Ambrico -- perhaps the most important part of this section:
Where people go wrong is in thinking they're powerless to fight back against an abusive cop. Ambrico says that if an officer does violate your rights or is rude or otherwise out of line, it's important to recognize that you have recourse--just probably not there, while the stop is taking place. She does say that you can ask for a supervisor to come out during the stop or go afterward to the counter at the police station and ask to file a complaint. Ambrico suggests keep- ing in mind that officers are being videotaped and audio-recorded during traffic stops. "Nobody does anything anonymously any- more." (Check your state or locality to be sure.) She says the cop's supervisors and the DA "are going to look at tape [and] listen to the audio recording" to see whether your rights were violated or the cop behaved inappropriately. "The DA will not [bring a court case against you] if the search is bogus."
An old saying I used to hear from law enforcement types: " Maybe you can beat the rap, but you can't beat the ride. "
Nick at July 27, 2014 8:43 AM
Randazza's advice reminds me of what I once read was great advice for getting along with difficult personality types in the office, i.e., become something of a professional actor and play the role that others think of you as. If you have a co-worker who's a professorial know-it-all, play the student. If you have a co-worker who's vain about their looks, play the starstruck guy/gal always in awe of their beauty. If you have a co-worker who's a rageaholic, play the empathetic sidekick.
It works a lot of the time, I guess, and it probably works if you find yourself in trouble and need to preserve your job. I just don't know how you avoid becoming a doormat that way.
qdpsteve at July 27, 2014 2:10 PM
Cops mostly enjoy enforcing their will on others. They are not smart, on average. Most care more about arresting you than knowing the truth about; innocents don't get people promoted. They are not on your side. Do not be a shithead in your interactions with cops. Do not give them anything more than you must. Usually ID like a passport or DL works. Regardless, it's critical to know cops are not on your side
Teachmehowtodougieq at July 27, 2014 10:50 PM
That last sentence ignores the reality of DAs like Mike Nifong, who attempted to prosecute one of the Duke Lacrosse players despite timestamped vido evidence proving he was elsewhere at the time of the alleged rape. Or that NY DA who hid exculpatory evidence and sent a man to prison.
I have all the respect for the criminal justice system that it has earned, namely not much. Most cops are not thugs, but they tolerate them. Most DAs and judges are not corrupt, but trust them at your peril.
MarkD at July 28, 2014 6:20 AM
Videotaping of a traffic stop only begins when the officer turns on his lights-- it won't help you in court if you ask to see what you were doing BEFORE the lights went on.
Even if the video has potential evidence to let you off, there's no promise the judge will look at it. I tried to ask for video proof of my stop sign violation last year, but the part-time commissioner (who was not an elected judge) announced "I don't need to see the video!"
I appealed on the basis of his denial of my rights, but the appeals judges ignored my complaint and upheld the conviction.
One tactic we're not taught in driver training is that we're allowed to reject a judge who we don't trust to give a fair hearing. Take time to visit the courts before your hearing and see who you're up against, and decide if that's the person you want ruining your driving record. I did that, but then there was a different Robe at the bench when I went in. I was offered a release, and I carelessly signed it.
Contra Costa County, CA used to have a judge Elizabeth Dreibelbis (she's dead, now, praise God) who never met an innocent citizen. I once managed to wrench a dismissal out of her, and she almost choked on the words. A client of mine told me years later that this woman was very vain about her scarves. If you complimented her scarf-du-jour, she'd probably let you go.
jefe at July 28, 2014 5:22 PM
Allegedly, Bill Gates' (Maybe it was Steve Jobs) practice when pulled over was to slide a card out of his window identifying himself, explaining that under legal advice he will not be interacting with the policeman, and that legal counsel was on its way.
Being a belligerent ass in a situation where the policeman holds all the cards will only get you in deeper trouble. It's called "jerk tax". If the stop goes wrong and it's your fault, it's only going to make you look bad, and make the policeman's position look better as in "Yeah, but look at all the jerks he has to deal with".
When a policemen asks you "do you know why I stopped you?" he is hoping you will confess. My stock response is "You'll have to tell me, sir" - it's polite while saying nothing.
I've seen too many youtube videos of people all but baiting the cop, and then acting shocked when he responds by writing another ticket. I've seen plenty where the cop is an unrepentant ass, but if the first thing I hear in the video is "If you touch my junk, I'm gonna sue you", I know this is just a guy trolling for viral gold.
Vinnie bartilucci at July 29, 2014 10:27 AM
"The DA will not [bring a court case against you] if the search is bogus."
If they can bring in a dog, and tell the dog to sit, it's not considered bogus.
kenmce at August 27, 2016 5:37 AM
Leave a comment