Decrease Your Chances of Being Arrested with These Tips from an Ex-Cop
Want to stay out of jail? Then listen to the advice from Dale Carson, a defense attorney who used to be an FBI agent, SWAT sniper, and policeman. Carson says cops these days are racing to arrest as many people as possible, but we have ways of beating that predatory system.P
The advice or "rules," taken from Carson's book Arrest-Proof Yourself and summarized on The Atlantic, are: P
- Stay away from cops or, if you can't, try to blend in. I.e., if you're going to do something illegal, do it at home. When out and about, the people who will attract a cop's attention are the ones with pot leaf bumper stickers, unusual hairstyles and clothes, and so on. "In reality, cops love hassling people who stand out."1 P
- Give in to the psychological battle in order to win "the contest for custody of your body." Make eye contact and be polite—no matter how insulting the cops are. But don't smile.2 P
- If that doesn't work and it looks like you're going to get arrested, be pitiful. Ask or beg for a notice to appear before a judge instead of being arrested.3 P
- Never allow a cop to search your car without a warrant or probable cause.4 5 P
Hit up the link below for a bunch of other interesting tips that are good to know even if you're a model citizen. These know your rights cards are useful to have in your wallet as well.P
An Ex-Cop's Guide to Not Getting Arrested | The AtlanticP
Photo by nerdcoregirl .P
I read this piece a while back and got to thinking about it back then. Just for a little added information for anyone who may be in the same boat that I'm in, I've found this video, from a CNN interview on the topic and featuring LeVar Burton himself, to be pretty descriptive, and similar to what I was taught when I was young about interacting with police, especially during traffic stops:
Now, what I was taught was a little different - namely that instead of putting your hands outside the window, put them on your steering wheel at 10 and 2, in plain view from any angle outside of the vehicle.
Another point that I think varies from time to time or person to person is not to smile. I agree you don't want to try and be friendly or chummy - the officer isn't pulling you over to say hello - but in some cases you may want to at least be courteous or crack a smile - otherwise you may be perceived as cold, and at worst, aggressive. I was always taught to be pleasant and polite. Not friendly, and never volunteer information not explicitly asked, but pleasant.
Of course, all of this advice is *in light of,* not in lieu of, keeping your nose clean and trying your damnedest to make sure you don't get pulled over in the first place. That means don't give police a reason to target you at all, whether it's blend in or don't break the law or whatever. Of course, we all know that's not enough to avoid the eye of law enforcement from time to time, so the other tips are useful too.
I've known good cops and I've known seriously bad ones, but best case is that the cop isn't a jerk and you're being overly cautious for nothing and get home safe. Worst case (or well, not *worst* worst case, but you know what I mean) you don't give the officer reason to take you in-or worse, and you get home safe. That's the goal - getting home safe.Yesterday 10:29am
This is a reality that I never understood growing up until I moved out on my own and ended up around a more diverse group of people. It's kind of shocking and even more shocking that some of my friends don't actually acknowledge that it's a problem.Yesterday 11:34am
Not just out to be contrary here, but I have never felt the need to treat a police officer any different than I would anyway else. If they're professional, I'm professional. If they're an asshat, well, our day gets really interesting. Having said that, I rarely run into an asshat police officer. Only a handful of times, I think. Only twice in my home state.Yesterday 12:22pm
Also, something more timely, when you get pulled over by a cop, please don't give him lip, put your hands on the steering wheel, make no sudden movement, if you need to get something from the glove compartment let him know before hand, give him license and registration when requested, and accept the ticket if he issues it and be on your way.Yesterday 9:07am
I always make sure to have my license, registration, and insurance in hand before the cop even gets to the door. It makes me look prepared, and actually boosts confidence because you don't have to fumble around in your glove box looking for it. You can be "Johnny on the spot" with it. ALWAYS be polite and say yes-sir, no-sir (or ma'am). It really goes a long way.Yesterday 9:23am
That may not always be the best idea. Reaching into your glove box could make an officer nervous, thinking you're reaching for something you shouldn't be. Best bet is always to wait until they ask you for it.Yesterday 9:29am
uNever allow a cop to search your car without a warrant or probable cause.
Good luck with that one.Yesterday 9:40am
Yea, in the real world... this stuff only results in black eyes. Yesterday 9:50am
If a Cop asks to search your car, then they have the ability to detain you and make you wait until a Search Dog comes to sniff your car. It is, at that point, that they will look at that dog and take ANYTHING he does as a sign of a hit.
From there, the cop will have the ability to search your car based on that.
If you've got nothing to hide in your car, just do yourself the favor and let them search it because they're going to anyway..Yesterday 10:19am
Here's a tip: Don't break the law...?Yesterday 11:33am
If you're in a city, are young, and live your life fully (or if you're not white), it's inevitable that you'll be questioned by cops for some reason.Yesterday 1:27pm
That's a good start.Yesterday 1:51pm
seems to explain pretty darn good, and it's from both a current Cop and a LawyerYesterday 9:35am
1) See linked YouTube video, interest piqued
2) Click linked YouTube video to play
3) See "48:40"
4) Click linked YouTube video to stop
5) ???
6) PROFIT?Yesterday 9:42am
Yes, it's an actual class lecture so it's long. It's also quite good and worth watching, seriously, even/especially for a law-abiding citizen.Yesterday 9:51am
uGive in to the psychological battle in order to win "the contest for custody of your body." Make eye contact and be polite—no matter how insulting the cops are. But don't smile.
What exactly is wrong with smiling? I have always considered smiling to be part of being polite...Yesterday 10:25am
I wondered the same thing.Yesterday 10:45am
Unless you're totally comfortable with an armed individual questioning you, then smiling shows a sign of nervousness and/or insecurity that can signal you're hiding something.Yesterday 12:00pm
Might I also suggest: SHUT UP. Don't offer extra information. Don't say shit that you think won't incriminate you. If you're in some sort of "arrest zone", just STFU and ask for a lawyer. The cops are NOT your friends. Doesn't mean they're evil, but they really don't have your (a suspect to them) best interest in mind.Yesterday 9:23am
Exactly. I have tried to teach my kids this - there is no right answer to "do you know how fast you were going?" Anything you say is incriminating in some way. Either you're an inattentive driver or a scofflaw. Hand the nice officer your license and insurance, and keep your mouth shut.Yesterday 9:31am
What is incriminating in saying, "I believe I was under the speed limit."?Yesterday 9:41am
uIf that doesn't work and it looks like you're going to get arrested, be pitiful. Ask or beg for a notice to appear before a judge instead of being arrested.
Also, if you know that the charges they are putting on you are total and utter garbage (to pad his numbers at the end of the month.*) you can ask to see a higher ranked officer. DEMAND IT. Chances are you will be getting some 350lb Desk Dinosaur who hasn't been out on a real crime scene in a decade, and he will be so pissed with you making him come all the way out there that he will tell the lower ranked officer to let you off with a warning.
But you have to be sure that the charges are really garbage. Because if TWO cops issue you garbage, and you show up to court to fight them—that is two cops that are off the street, not making money with tickets, and also they HATE showing up to court for bogus stuff.
* A "quota" is MOSTLY a myth that is perpetuated by urban lore... That is not to say that there are not more tickets issued at the end of the month—there are—but there is no official on paper thing that says you need to issue X number of tickets a month. How could they? What are they doing to do, go out and make up crimes to hand out tickets for? No, that doesn't make sense... But if one officer hands out 100 tickets, and another only does 25... Well... Internal investigations can happen 'randomly' like that...Yesterday 11:41am
There is enough anecdotal evidence of quotas to suggest that they aren't a myth, but they don't exist in the way that people probably imagine that do. Rather than official department policy of 100 tickets a month or what have you, it's more like if you want to be promoted/noticed you'd better turn in a higher job performance than your peers, and number of arrests/citations is one major way of showing that.Yesterday 12:54pm
If you think internal affairs cares about them writing bogus tickets to pull in revenue you are a precious and naive snowflake.Yesterday 1:13pm
Those auto-play video ads you have on this site now.... Get rid of them.Yesterday 9:30am
Don't just get rid of them. Kill them with fire.Yesterday 9:41am
Ads... Never Heard of them...Yesterday 9:42am
I would HIGHLY recommend against ANY bumper or window stickers on your vehicles. Don't think that a "D.A.R.E." sticker will protect you or a Police Association window sticker will help, it actually FLAGS the officer to check you out. Don't put political bumper stickers on your car either. You may love Obama, but that cop might have voted for Romney...or vice versa. Don't give them ANYTHING that sets your car apart!
Make sure your car is in good operational condition, and especially that ALL of your headlights, tail lights, and turn signals are operational. Also, WEAR YOUR SEATBELT! Statistics say that something like 70% of unbuckled drivers have a warrant out on their arrest, so guess what the cops will be looking for?
These things all sound so simple and obvious, but its amazing how many people ignore these "simple" things, and consequently have to deal with the police on a more frequent basis than they should have to!Yesterday 10:50am
You didn't seriously just imply that 70% of unbuckled drivers have a warrant for their arrest did you...
There are approximately 320 million people in the U.S. Let's assume 80% of people actually DO wear their seat belt (this varies from below 70% to over 90% per state, but 80% is a good estimate for our usage). That would mean 320 million * .2 = 64 million people don't wear their seat belt. Out of that 64 million, you're telling me 44.8 million people in the U.S. have a warrant out for their arrest?
Maybe what you meant was that the majority of people who have a warrant out for their arrest don't wear seat belts, but definitely the other way around is not true.Yesterday 12:43pm
You didn't seriously just imply that 80% of drivers actually DO wear their seat belts? Yesterday 1:48pm
I tell everybody the first key to not getting arrested is not breaking the law. Cops love when you explain that to them at parties, I usually start by telling them I have a method to not getting arrested, they all get interested and when I tell them I just follow the rules they crack up laughing. Yesterday 9:39am
I hope I never get stuck at a party with you.Yesterday 10:23am
Sounds sensible. Don't break the rules. Don't hang out with people who break the rules. Don't do stupid things. Chatting with some local police recently, I was impressed at the percentage of issues they have to deal with that involve some sort of mood altering substance, from alcohol to much harder drugs...it was something like 90+% around here.Yesterday 11:46am
Okay, so here is a problem I have with this advice:
It says to not let cops search your car without probable cause. However, in my state, I have been told by cops that all probable cause includes you refusing a car search. So... what the?Yesterday 9:39am
Lucky for us citizens, cops aren't lawyers. Allow them to search your car and you've allowed it. Tell them no and then have them search your car and your lawyer can at least fight it.Yesterday 9:48am
Can't help but wonder if they are just playing mind games with you at that point so you are left thinking you're damned if you do, damned if you don't.Yesterday 9:49am
The one issue I always see when people talk about protecting or exercising your rights (as a citizen), when in a police confrontation, is the difference between rights and convenience. For example, say Ted is a 100% law abiding citizen. He gets pulled over and the officer wants to search his car. He doesn't have a warrant or probable cause. Ted is on his way to an important meeting or interview. He declines consent.
What happens next? The cop can do many things such as making Ted wait while he calls backup units or a K-9 unit. But wait, the K-9 is on another case on the other side of town and it'll be at least 45 mins. The cop has all day; this is his job after-all. Can Ted spare the time? "If he's innocent, why not let the officer search the car?"
What else can happen? Oops, the officer found no front license plate. Oh wait, what's what? Is that a broken taillight? *SMASH* yup, broken taillight.
I want to protect and exercise my rights as much as the next guy but let's be honest, unless you are a teenager or young unemployed adult, you don't have time to fight this. And notice I didn't say "if you're innocent, what do you have to hide" because I absolutely do not agree with that notion.Yesterday 9:58am
Letting them search your car lets them "discover" the joint in the ashtray that wasn't there before.Yesterday 12:51pm
While I do agree, I think it is important to some that their rights are upheld. Truth be told sometimes this means that you are going to be inconvenienced. The people that fought to gave us our rights knew this and I think it is important that sometimes we make the willing sacrifice. (Not saying that your average person who refuses consent is some arbiter of justice btw)Yesterday 1:44pm
If I haven't broken any laws I'll talk to the police however I want, wear whatever I want and display my opinions however I like. I'm a citizen of a democracy and a taxpayer: they work for me. Yesterday 10:03am
And you'll get beat up and go to jail for defending those rights.Yesterday 10:20am
I wish I could do that. I'd give 20 years of my life just to tell the next badge carrying sack of shit to fuck off and leave me alone to his face without repercussion. Yes, that would be worth 20 years of my potential lifetime.Yesterday 2:06pm
"In reality, cops love hassling people who stand out." Thanks. Finally one admits he's prone to racial profiling.Yesterday 9:22am
Race is just one part of "standing out". A large picture of Che Guevera might increase the hassle, as would a cute logo of an Molotov cocktail brandishing anarchist on your rear window. Yesterday 9:38am
It's not just racial. It's certainly not all cops, but unfortunately people who want to control and dominate others are attracted to law enforcement.
Go to a restaurant where cops eat and eavesdrop on their conversations. Listen to how they talk about ANYONE who has power over them, judges, supervisors, etc. You will hear some mind blowing hatred. They cannot stand it when someone else is in charge.
Nor can they stand it when someone who is not in charge (citizen) tries to act like they are in charge by refusing to comply, talking back, etc. That is the psychological battle the author mentions.Yesterday 1:17pm
You have to realize that cops are people with varying degrees of training and professionalism. Expectations aren't going to help you. Just be aware of everyone's rights and responsibilities.
I remember my first arrest. The officers weren't too friendly but the other people I was with just kept screaming at them so I managed to be ignored for the most part after I was cuffed. The city jail didn't have a clock and a few meals were passed around so I was thinking I had been there for a day or more but it was only about 9 hours. I remember one guy being brought in that was practically comatose and bleeding from his nose and mouth. I don't know if he took a fall running from officers or if they decided to do some batting practice on his head. Getting arrested isn't fun but it's extra scary the first time. You're probably just going to be hanging out with some drunks for a few hours if it's minor stuff.Yesterday 11:43am
Wow, your first arrest, meaning there have been more and you say it's been less scary for you on subsequent arrests. You know, the vast majority of Americans manage to keep their number of arrests at 0.
Maybe you have been unfairly profiled, but if not, you might want to consider changing some things about your life.Yesterday 1:26pm
Some people actually live their lives according to THEIR OWN values, not just whatever bullshit the government uses to keep their citizens in line. And yes, if you're caught, it may lead to arrest.
People act like "getting arrested" necessarily ="being a bad/immoral person." It's not always that simple.Yesterday 9:39pm
Depends on if you don't have anything in your car.
I ran a red light one time spacing out while I was talking to my friend. The cop pulled me over and asked why I ran the stop light. I told him that I just spaced and was sorry. He asked if he could search my car and I said yes. I'm sure he though I was high and was carrying. I was not, he found nothing, and after about 5 minutes let me go without a ticket. Yesterday 9:48am
I'd probably do the same thing in your shoes. In fact it's happened to me before and I consented to a search without knowing any better.
It always seems to come down to whether or not you think your local cops are crooked, and whether or not you think it's worth the hassle to stand up for your 4th amendment rights and accept the consequences of a pissed off cop who may or may not think he's just trying to do his job and catch bad guys.
I'm on the side of protecting the 4th amendment, I just know I take the safe route and try to keep out of trouble. Our justice system is broken and our rights are trampled every day, but I guess until we're braver or ready to make things worse on ourselves to make them better overall, we're stuck until we organize. Yesterday 10:06am
Unless you are completely fluent in every single federal, state, county/city/local law applicable in every location you ever travel in, ever, you cannot tell me with 100% certainty that you are innocent of any wrongdoing. (And food for thought: Even if you are fluent in every single applicable law, is the cop who's pulling you over?)
There are lots of things that are legal in one place and illegal in another. There are lots of things that are legal but cops think are illegal. Even shrugging off the idea of cops planting evidence, what if they think something is illegal when it isn't? Any gun owner knows and fears this one, trust me, especially gun owners in blue states.Yesterday 2:53pm
People need to understand that you have the right to refuse any search unless they can produce a warrant. If a cop searches you or your property without a warrant after you have clearly expressed you do not consent, anything they find can't be used in court.Yesterday 9:43am
That really depends. The bar for what constitutes a reasonable search is really probable cause. Probable cause may give them the ability to get a warrant or may give them the ability to circumvent a warrant all together. Further, reasonable suspicion could lead to a frisk which could lead to probable cause for a search. The whole thing can get awfully convoluted. You could get stopped and detained under reasonable suspicion, which could give the officers time to get a K-9 unit who could alert on your vehicle giving them probable cause for a search. It's bullshit most of the time, but they do it anyways.Yesterday 10:19am
Actually not necessarily, it can be used for indictment hearings and to impeach the defendant during their testimony in court. Yesterday 2:30pm
Never try to verbally invoke your constitutional rights. Cops hate that, and frankly, they don't give a shit.Yesterday 10:39am
Never argue with them if you can help it. For example, I got pulled over my a cop that was pulling pretty much everyone over and he told me my windows were too tinted (they weren't and I bought it that way) and some other stuff like that. I could have explained that to him and he would have given me a ticket I'd have to fight in court. Sure, I'd win it, but it's much better for me to just be polite and apologize and leave with a warning.Yesterday 12:13pm
Apologizing is a bad idea because it can be taken as an admission of guilt unless you word it really specifically, like "If I did something wrong, I apologize..."
That's why they ask things like "Do you know why I pulled you over?" an admission of a crime is often probable cause for a search.Yesterday 2:14pm
"An Ex-Cop's Guide to Not Getting Arrested"
#corrections
That said, I bought this book about a year ago (?), and it wasn't half bad.Yesterday 9:43am
ThanksYesterday 10:04am
I didn't even need to click 'Play' to know exactly what Fletcher is about to scream into that phone =)Yesterday 9:44am
I'd have posted this clip, too, if it weren't for you meddling kids...Yesterday 9:56am
I forget what it's called, maybe someone else knows, but there's a video on YouTube about your rights and handling situations like getting pulled over. With tips like if asked to step out of the car, open the door then roll up the window take out your keys and lock the doors, as you're getting out, and place the keys in your pocket. Unless they have a warrant or probable cause already when they ask you out of your car, you're allowed to do so. Of course, you want to be careful to do that as your progressing toward getting out of the car, so they don't think you're trying to run, slow movements. And refusing searches no matter what. Unfortunately, I've seen many cops who consider that probable cause, but legally it is not probable cause at all. Neither is locking your car up while you talk to them.Yesterday 9:29am
Ya know, videos and advice like that is fine but at the end of the day, probable cause is in the eyes of the police officer. You can argue all you want but if they want to arrest you they are going to arrest you. The DA may not file or it may get thrown out latter, but that won't turn back time and keep you from going to jail or having your vehicle towed.
I just never saw the point in challenging a police officer out of principle, especially if I don't have the time or money to deal with the fallout. You can be completely innocent of a crime at the time of arrest but that doesn't mean you don't have to set bail, return to court (probably multiple times, taking off work each time), possibly hire a lawyer, etc; and unless everyone is working for you pro bono you will end up investing more money than you'll see returned in the end.Yesterday 10:15am
Actually, at the end of the day probable cause is not in the eyes of the police, it's in the eyes of the judge and jury. The cops may think they have probable cause, but they don't get to determine that.Yesterday 12:04pm
Is there any advice out there for those of us who get nervous when we get pulled over? I don't ever give in to a cop, I keep my fat mouth shut other than to say 'I have no idea why I was pulled over' when the cop asks.
However, I shake uncontrollably during traffic stops because I have a fear of cops and other authority figures, I believe they can make my life a living hell just because, and it hence causes the shaking. And EVERY SINGLE TIME, they ask me if I am on or have been doing drugs and they want to search my vehicle. I know I have nothing to hide, but I always say no. I will not give them the satisfaction, nor will I make their job easier. You want to search my car? Get a goddamn warrant.
Maybe I should keep a bottle of aspirin in my car for such occaisions? Any ideas on how to get over the shaking? I ask because I live in Southeast MI in the Detroit suburbs. I'm white and they still fuck with me pretty bad.Yesterday 2:15pm
I think what you are describing is a release of adrenaline and nothing is going to make you stop shaking if that's what it is until you're system purges it. Not sure why you get worked up but maybe you can tell yourself that even though they CAN make your life a living hell, that it's probably not on their agenda for tonight.Yesterday 3:15pm
Yeah, that's a fair point. Although there was one day I was parked on the street waiting to see if a family member was going to be home, and someone must have called the cops on my because I had an officer pull up behind me and turn his flashers on and harass me for about 20 minutes as to what I was doing. Needless to say, I don't sit in my parents neighborhood anymore unless I am actually visiting them.
As to the adrenaline thing, I'd agree it's that or nerves. I just have a strong dislike of authority figures after bad experiences with them in the past.Yesterday 3:23pm
Sure way to get in trouble.Yesterday 1:50pm
Well, to be accurate, Dwight had a LOT of bodies in his trunk.Yesterday 1:54pm
You can't just not allow a cop to search you car, they can just overpower/bully you.What you do is make it clear that you do not consent to the search. Say it loudly, say it repeatedly. Generally speaking, when a police officer searches your vehicle, they're doing it illegally. If you voice you opposition, they can't say you consented, and what they find (if anything) will get thrown out in court.
A lot of police officers will argue that by refusing to consent to a search, you have given them probable cause to search you. This isn't true. The court in the United States v. Fuentes in 1997 held that refusing to consent, or withdrawing consent, does not give probable cause or the a right to search you. For one, most people have a reasonable expectation of privacy. And, if refusing did give the police the right to search you, they could search anyone at anytime for any reason. The Fourth Amendment would be irrelevant.
Basically, be polite, hold your ground, don't fight, but voice opposition. Be willing to win the long battle, at the expense of a couple of blows.Yesterday 9:39am
Record the stop in states where it's clear you have a legal right to do so also.Yesterday 11:24am
Darn it. you beat me to it. though IMHO this video gives much better advice than the article, other than the "don't stand out" part, but then again that's also profiling and not a real probable cause .Yesterday 9:43am
I just pay Lester to get rid of my wanted level. Much easier that way.Yesterday 10:32am
I could really use that goddamned ability in the new game. The cop AI is for the birds in that installment.Yesterday 2:04pm
It comes down to this:
1. Don't surprise the cop. Approaching a motorist is a very dangerous thing for them. Sit with your hands where they can see them (on the wheel). If you need to reach for something, tell them that you're going to reach for your wallet or whatever along with where it is, and that you are not armed. It may sound silly, but you do not want them jumpy.
2. Don't be an ass. If you were speeding, or ran a light, or whatever, don't make up bullshit excuses. If you say "I guess I didn't realize my speed" or something, you're better off than trying to bullshit. People bullshit them all day long and they're mostly pretty good at reading it.
3. Don't argue with the heavily armed person who is just off the peak of an adrenaline fueled approach. If you can't be friendly, say little and accept that they have the power. Even if (especially if) they're in the wrong. The time to fight about it is later, in court or through a compliant process. Fighting with Mr. Testosterone who's 20 something years old, heavily armed, wearing mirrored shades and sporting his first mustache is a really bad idea. He's got all the power, and may well be too insecure to be willing to back down even if he realizes you're right. Just shut the hell up and do what he says. Complain later.Yesterday 10:42am
Guys! I found a REALLY easy way to not get arrested ever! It works 1,000%!!! :D
HOW TO NOT GET ARRESTED:
Step 1) Don't do anything illegal.
Step 2) Enjoy never getting arrested.
Trust me! It works!!! :D!!!Yesterday 10:30am
It's funny, but that doesn't always work. Sometimes, they arrest you and then later let you go because you're actually innocent. That's still worth avoiding.Yesterday 12:21pm
The sure way to be investigated further is to be the loud, less reasonable person that spouts off. My officer friends say all the time, only answer what's asked...know your rights in your location...pay attention. You can live to fight another day and in a different way. I remember a few years back a friend telling me that his friend was arrested in a raid...the raid was on the wrong house. The guy got a ton of money and apology. Seems he was the child of some well connected types, home on vacation from school and picking up a friend but no one listened when he told them that's what he was there to do...give a friend a ride. Luckily for him he kept his head and made the right call. I've heard way worse stories. I think that police work can be a most honorable profession but it puts people in front of the worse situations to try to figure out what's going on in a split second. It's not enviable! Oh and the best way to deal with being pulled over is to make sure you have what's required...license and insurance card...yes technology has moved to mobile cards but you are still expected to produce one from a killed tree...just do it no matter how silly it's seems. Take up how silly it seems with those that make the laws not those that enforce them.Yesterday 9:58am