If a police officer attempts to apply probable cause or reasonable suspicion during a stop:
1. Understand the Standards:
• Reasonable suspicion - A lower threshold than probable cause, it allows police to stop and briefly detain individuals based on specific and articulable facts suggesting possible illegal activity (e.g., swerving while driving)
• Probable cause - Used in criminal investigations, this standard requires a reasonable belief that a crime has been committed, requires stronger evidence and is needed for searches, arrests, or obtaining warrants.
2. Asserting Your Rights:
• Remain Silent: You have the right to remain silent beyond providing identification, vehicle registration, and proof of insurance
• Record the interaction: You have the right to record/broadcast the interaction live as long as you do not hinder/stop/slow the officer in their tasks
• Refuse a Search: If an officer asks to search your car, you can say, “I do not consent to a search.” However, they may proceed if they have probable cause, a warrant, or exigent circumstances (like visible contraband).
• Ask if You’re Free to Leave: If you’re being detained, you can ask, “Am I free to go?” If they say no, you are being detained, and you can remain silent or ask for a lawyer.
3. Handling Pretextual Stops:
• Police can legally stop you for a minor traffic violation even if their real intent is to investigate another matter (Whren v. U.S.). However, their actions must remain related to the original stop unless they have new justification.
4. Staying Respectful and Safe:
• Always stay calm, keep your hands visible, and avoid sudden movements.
• If you wish to challenge the stop, do so later in court—not at the scene.
If a police officer conducts a search under false pretenses or without a valid reason:
- It could lead to an unlawful search and seizure, violating constitutional rights.
- This may result in evidence found during the search being inadmissible in court, especially if the search was not based on probable cause or did not meet legal requirements, like the need for a search warrant in many situations.
- For example, if police search a property under the guise of investigating one matter but are actually looking for something unrelated or if consent was given under false pretenses, it could be challenged in court.
- However, in some cases, if the police acted in “good faith” and had a reasonable belief that their actions were lawful, the evidence could still be admissible.
- Courts may also consider whether the search was conducted under exigent circumstances (such as immediate threats to public safety).
- If the police find evidence in “plain view” during a legal interaction, they may seize it, even if they initially had another reason for the stop.
- It is possible for police officers to justify their actions in court, even if they have lied. There is a term used in law enforcement called “testilying,” referring to the act of officers giving false testimony under oath, especially to cover up misconduct.
- Judges and juries often tend to trust police officers, which can allow false claims to stand, especially when there is no contradictory evidence.
- Know that a judge and jury almost always have more reason to trust a representative of the law than a defendant.