Holding Court is a series by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City.
What topics do you want addressed by Judge Latwin? Tell us.
By Joe Latwin
You are driving along Route 1, listening to Nickelback (that itself is a crime) when you see flashing red lights in your mirrors. It is a police car! What do you do (or not do) and say (or not say)? First, pull off to the side of the road as soon as it is safe. Keep your hands on the steering wheel at ten and two and make no sudden moves. You want to make the officer feel safe. Remember he or she doesn’t know who you are. You may be a violent wanted criminal with an arrest warrant. All they want to do is make sure you and they are safe and go home to their family. Stay in your car unless otherwise ordered.
Do not be argumentative. You cannot win your case on the side of the road. Just be respectful and polite without small talk.
By this time, the officer may already know if your car was reported stolen, has an expired registration, or had been involved in a crime. License plate readers and computerized communications may have already sent that information to the computer in the police car.
Turn off Nickelback so you can hear and be heard. You don’t have to roll down your window. An open window will allow the odor of alcohol or the smell of marijuana to be smelled by the officer.
It is likely that the officer’s body camera and perhaps the police car’s dash camera will be activated recording both video and audio of the encounter.
The officer will ask you for your drivers’ license, vehicle registration and proof of insurance. You must give these items to the officer. If you must reach for these documents, announce to the officer where the documents are and ask his or her permission to reach them before retrieving them. You are permitted to photocopy these documents in lieu of presenting originals. I copy mine onto a single sheet and make several copies that I keep in the car. Just make sure you update them as most insurance certificates expire twice a year and the registration expires. The officer will run the documents information through the computer in the police car to see if they are valid and to see if there are any outstanding warrants lodged against you.
If there are no warrants and there is no intent to arrest you, you might be free to go at this point. Just ask the officer if you are being detained. If not, you are free to go.
The officer may try to engage you in conversation. Don’t. Remember anything you say can be used against you. Politely say I’m not discussing my day. You’d be surprised what people say in response to seemingly innocent questions. Many times, the police officer will ask where you are coming from and where you are going to. I had a DWI defendant offer that he came from a well-known local bar. I suggested the better answer would be “On my way from church services to go volunteer at the homeless shelter.” Or you may be asked if you had anything to drink. Saying only a few beers will give more of a basis to further inquire about a potential DWI. STFU.
If the attempt to have a conversation persists, you should say “I am invoking my right to remain silent and will not say anything further. I request my attorney.”
The police officer may ask for your permission to search the car or the trunk. The only answer is “I do not consent to any searches.” If they want to search your vehicle, they can get a warrant but that requires a basis for the search to be presented to a judge. I had a case where a state trooper stopped a van and the drug sniffing dog identified the van as containing drugs. That would have given a valid basis for a search had not the drugs already been removed from the van to the side of the road.
If the officer is going to write up a traffic ticket, just take it and get on your way. Don’t do or say anything that will make the officer remember you.
If you get a ticket or are arrested, hire a lawyer and let them defend you.
After 25 years in law enforcement and a police academy instructor why don’t you this , do some in service training to police depts and at the police academy so that it’s done right on both sides , the civilian who thinks he’s being picked on and the cop who isn’t getting the proper training . Thanks in advance !!!