SCRAP More Criminal Charges
Being pulled over or stopped by an officer is unnerving – there are no two ways about it. From start to finish, the process is emotionally rattling. A stop also can determine whether the officer obtains enough evidence to file charges against you. How you react to the stop will build or destroy your available defenses.
Many people are familiar with their Miranda Rights thanks to various crime shows and mainstream media. But they are unaware of the process leading to someone being read their rights and how that impacts the situation. No two stops are the same, but all have common elements.
First, the officer must have reasonable suspicion to pull you over. The classic example is swerving while driving, alerting an officer to a potential drunk or impaired driver. Others include rolling through stop signs, weaving in and out of traffic aggressively, or driving at an excessive speed. Second, the officer's first question at all stops will often be, “Do you know why I pulled you over?” That is your first chance to SCRAP your charges by staying calm and remembering the acronym. Below is what we suggest.
Stay Silent – you have the right to remain silent at stops. Yes, you should provide the basic information, such as license, registration, and proof of insurance. We mean to avoid answering the questions related to why the stop occurred. If an officer asks do you know why I pulled you over, your answer is no. If questions continue, move to letter A, and ask if you are being detained or if you may go. At this, and every other step, silence is golden. Example: Officer – “Do you know why I pulled you over?” Your answer is “No, officer.”
Cooperate – if an officer asks you to exit the vehicle, calmly get out and follow the officer’s requests. This is for your safety since refusing might give the officers the impression that you are a threat to their safety. Remember that you do not have to answer questions while outside of your vehicle, which makes this a great time to remind you that silence is golden.
Refuse – refuse all searches. Now, saying no does not mean the officer might not find some reason to perform a search. It does raise the bar for admitting any evidence gathered from the search if the officer cannot show probable cause that the search was necessary.
Arrest – if an officer asks you to get out of the vehicle or a stop lasts for a long time, ask if you are under arrest or free to go. If the officer says you are not free, ask why you are being detained. The stop is illegal if the officer does not provide a basis for detaining you. Do not try to leave; instead, start documenting the stop.
Protect – your rights. If the officer says you may not go, and there is a legal reason for the stop, you should immediately request a lawyer and stay silent. Invoking the 5th and 6th amendments will stop all questioning until your lawyer is present.
The SCRAP system will give you a fighting chance to allow us to fight for you. If you encounter law enforcement, call us at 724-550-6970 or email us at info@theskeenfirm.com.
*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.