by Martin W. Schwartz

Created on: November 24, 2008   Last Updated: August 28, 2011

As a former law enforcement officer at the local, county and federal level, and as a state and federal prosecutor, and now a defense lawyer, I have learned that the 10 most important things you can do when "confronted" by the police depend on the nature of the interaction - why you were stopped or challenged - and your level, if any, of culpability.

First and foremost, always be polite and refer to the officers as "officer", "sir" or "madam." No matter what the context of the stop, being courteous will always make the contact go smoother. If you are being stopped for the most common reason - a traffic violation - don't say to the officer, "What did I do?" This can make a simple traffic stop go sour quickly. Usually you know, but if you don't the officer will most assuredly inform you of the alleged infraction. When the officer approaches your vehicle keep both hands on top of the steering wheel - especially at night - and wait for the officer to ask for your driver's license and other papers. When he does, tell him where they are so he can see what you are doing with your hands. Remember that traffic stops are second only to domestic disputes in causing injury and death to patrol officers, so the officer will be made very uncomfortable if you reach under a seat or into a console or glove compartment too quickly.

When you give the officer your documents, I recommend that you apologize for your infraction, rather than trying to argue whether you committed one. An argument will most certainly yield a traffic ticket; whereas an apology may result in only a warning. If you do get a ticket and you are asked to sign (in some jurisdictions), do so. That is not an admission of guilt, only a promise to appear. Even if you get a ticket, remain courteous, because if you go to court and have not given the officer a hard time, it is more likely that he or she, or the local prosecutor, will be willing to plea bargain the case, saving you points on your license and money in your pocket.

If the contact with the police is of a more serious nature, such as a stop and frisk in the street, be cooperative, because if you resist you may escalate the situation into an arrest. If you are carrying contraband, it is going to be found and there is no sense in adding a charge of resisting arrest or worse to the trouble you may already have. Being cooperative will keep a contact from becoming a nasty confrontation. Make a mental note of the officers' names or badge numbers, but don't

• 1
• 2
• Next Page >>