Know Your Rights: Getting Pulled Over, Proper.

Published February 20, 2007
One Comment (at bottom of article)

By Nicole Vincent-Roller

This section is dedicated to informing our readership of their rights as students and citizens of the USA. Rights: If you do not know them, then they are not really yours!

You”ve been stopped by one of our friendly campus or state police officers — it doesn’t matter which, or where, as both have equal jurisdiction on public highways (including campus roads).

“At that point I had the right to remain silent… but I didn’t have the ability.” -Ron White

How you handle the next few minutes can make a big difference in how you spend your afternoon (on the couch telling your friends about your brush with the law, or on the phone begging unsympathetic parents for bail), so keep a level head and read on.

You will be asked for your license, registration, and proof of insurance. Of all the requests Officer Friendly is about to make of you, the are three of the few with which you must comply.

Being the nice guy we know him to be, Officer Friendly will probably ask you, casually (but with a slight “I saw you near the cookie jar and you have crumbs all over your face, so you may as well fess up now” tone), “So you know why I stopped you, right?” With your vision blurred by an irrational fear of reprimand, a ticket, a search, or — oh God no — a body search, a lifetime in jail and the disappointment of your entire family, this may look like an opportunity to get the officer on your side by convincing him what a decent and honest person you are.

DO NOT take this opportunity. The police cannot force you to incriminate yourself, so mum’s the word. Not only do you want to avoid admitting to what the officer legally has to prove you’ve done, in your desperation you might supply a crime that the officer hadn’t even noticed.

For whatever reason, Officer Friendly might ask you to step out of your car, so you do. If he has reason to be concerned for his own safety, he might ask to perform a weapons pat-down, which you must allow. Once you have done this, you have, for most purposes, done everything the officer can make you do.

After this point, you will notice that Officer Friendly will begin his requests with, “If it’s all right — I’d like you to do a few sobriety tests,” or “If you don’t mind — I’d like to give your car a quick run-through.” In response to these questions, you should always answer, very politely, “It’s not all right, and I do mind.” You are under absolutely no obligation to comply with these requests. As in the case with the opening question, many people think that by cooperating they are making things easier on themselves and currying favor, while in fact they may simply be supplying evidence against themselves unnecessarily. Don’t be these people.

When in doubt of your rights, you can always do one of two things: you can ask the officer whether or not you are required to comply with his requests, and you can ask to speak to a lawyer. The first should make you more confident in your refusals, and the second will probably put an abrupt end to the questioning portion of your processing.

Special Scenarios and Procedures:

Alcohol — Under 21:

The State of Vermont has a zero-tolerance policy for underage drunk driving. This means that a .02 blood alcohol reading on a roadside Alco-sensor test (for most people, the equivalent of one shot, beer, or glass of wine) results in a charge of posession of a malt beverage by a minor as well as a .02 ticket. If the officer who pulls you over has reason to believe you’ve been drinking, you will be asked to take the Alco-sensor test. Though you can refuse, this refusal will be used against you in court, and can also result in a six-month suspension of your license.

Alcohol — Over 21:

In the state of Vermont it is legal for a person of age to operate their vehicle up to a blood alcohol level of .08, or until they are in any way affected. This is a pivotal clause — even if your blood alcohol level is only .04, if you state that you are even just “a little tipsy,” you have admitted wrongdoing and can be processed for DUI. Unlike minors, a person of age incurs no penalty by refusing to take the roadside Alco-sensor test, because it isn’t admissible as evidence in court under these circumstances. However, if the officer has a reasonable suspicion that you are driving impaired (reasonable suspicion will usually require a combination of factors, e.g. the smell of alcohol on your breath and failed roadside sobriety tests — though remember, you do not have to take those tests), you will be arrested and taken to the police station for an official Datamaster breath alcohol level test. You will be offered the chance to call a lawyer — take it.

Vehicle Search:

The officer has you outside of your car, and has said he would like to search it. You do not have to allow this. If you refuse, the officer may claim he has enough evidence to impound your car and get a warrant for the search. If you know you have no reason to worry about a search and would rather let him tear your car apart than stand up for your rights, go ahead and allow the search.

However, if you have reason to worry, or just don’t like being intimidated out of your rights, stand firm and let the officer think about the paperwork. If he doesn’t, in fact, have enough evidence to get a warrant, he’ll either let you go or apply for one unsuccessfully, and you’re off. Otherwise, bad luck — you were probably screwed anyway.

As always, our friendly campus and state police officers are only there to help you. So help yourself, so they don’t get the chance.

DISCLAIMER: The Water Tower is not responsible for any actions or interactions you have with law enforcement. Please think before you act and act responsibly. We offer you our best research, however, The Water Tower is not an attorney.

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