If You Have An Encounter With The Police, What Should You Do?
First and foremost, do not be rude to the police, but do not volunteer any information. You cannot win a battle in the street against the police. The best thing to do is to be polite on the street; and fight your battles in the courthouse!!
Never agree to a search of your person, your car or your home. If the police have a legal basis to conduct a search, they do not need your permission, but if they ask for your consent, you do not have to give it. In fact, the Fourth Amendment to the US Constitution protects you from improper searches and seizures by government agents, including police officers. If the police conduct an unlawful search, a competent lawyer can help a Judge determine the search was improper and that any evidence seized cannot be used against you in court. Without voluntary consent on your part giving the police license to conduct a search of your person, car or home, they will need a warrant from a judge to engage in a search except in very limited circumstances.
If you are stopped by the police while you are driving a motor vehicle, you do have to give the officer your driver license, registration and insurance documents, but you do not have to talk with the officer. You do not have to perform “roadside sobriety exercises” and you do not have to blow into a breath test machine nor do you have to give them a sample of your urine. If you do not give the police samples of your breath and/or urine and they have a good enough basis to ask for them, your driving privilege might be suspended - but you can contest that issue later in an administrative hearing. If you have refused to submit to such testing in the past, subsequent refusals may be treated as independent crimes.
If the police want to ask you questions, let them know you want to have your attorney present! In an emergency, you can call me 24/7 at (305) 519-4299!