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Police roadblocks occasionally serve a purpose - catching a dangerous criminal. But the resurgence of the random "safety check" raises the question of what your rights are in a situation where you are being randomly confronted by the police. The police across the country, both local and state, set up safety checks on major highways every holiday when travel numbers jump. You should be prepared for dealing with the inconvenience, and avoid something worse.

You are required to identify yourself and provide proof that you are operating the vehicle with liability insurance. That's it. That is all you are required to do. Ask politely after the officer has looked at your identification if you are free to go. Refuse to answer questions, you have the right to remain silent once you have identified yourself.

You do not have to explain where you have been, or where you are going, or why you are on that particular road. The roads are public thoroughfares, and you have a right to be there for a lawful purpose. As long as you have a license and insurance, your purpose is lawful. Police are asking you these questions to establish probable cause, either to arrest you or to search your vehicle. You do not have to answer questions from the police.

If the officer refuses to answer, or says no, ask for an explanation. If his reply is vague or just a belligerent "because I said so" once again ask if you are free to go. Ask to see his superior officer if the persists in holding you without an explanation, and tell him you want an attorney. The police must have a reason to hold you for a prolonged period.

Of course, the police can hold you, without explanation, for up to 24 hours. But and this is the important thing to remember, you do not have to speak. You have the right to an attorney. Ask for one, as soon as you are taken into custody. Invoke your right to remain silent, and your right to an attorney.

The police can look in your car through the closed windows. They do not have the right to enter your vehicle without your permission, unless they have a warrant. If an officer asks why he may not search your vehicle, tell him because you do not wish them to do so. Period. Do not expand, do not expound, just refuse as you are permitted as a Constitutional right.

Cooperate with the police to the extent you must. But do not volunteer anything beyond what you have to do, especially if you are not the sole operator of your vehicle. You can only vouch for what you bring into and out of the vehicle. You cannot be certain that your teenager, or one of their friends, hasn't left a little surprise' behind that would give the police reason to arrest you.

Be pleasant and cooperative with the police, but do not set yourself up for trouble at safety checkpoints. The roadblock could be on your life.

Learn more about this author, W Thomas Payne.
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