“Don’t say nothin’ without your attorney.” I’m not just trying to be dramatic. This is the easiest question that a lawyer will ever be asked: “The cops are here and they want to talk to me. What should I do?” The answer? It’s always “Don’t say nothin’ without your attorney!”
Hypothetical case #3: It’s 1:40 A.M.. You and your buddies are going to Taco Bell for Second Dinner. You are all sober. You have no drugs or alcohol in your car. You get stopped for crossing the yellow line. You did not cross the yellow line.
You: “Good evening, Officer. May I help you?” Hands on the wheel. Smile on your face.
Cop: “You crossed the yellow line back there. Where are you going?”
You: “Oh. Going to Taco Bell.” That’s legal.
Cop: “Really? It’s awful late…” He’s trying to make you nervous by implying that you are doing something wrong.
You (smiling): “It sure is. Thank God for Taco Bell, huh?”
Cop: “Let me see your driver’s license and insurance.”
You provide him your driver’s license and proof of insurance.
Cop goes to his car.
You and your friends need to hold still, remain silent, and wait this situation out.
Cop (returning): I’m going to give you a warning. You all shouldn’t be out this late. There’s no good that can come of it.”
You: “Thank you Officer.”
Cop: “Just one more thing: Do you mind if I ask you a couple of questions?”
You: “We really want to get to Taco Bell, Officer. Thank you.”
Cop: “What do you have to hide? Surely you don’t mind if I search your car?”
You: “With all due respect, Sir, I never consent to a search. May I go now?”
If he says “No.” ask if you are under arrest. If he says “No.” ask if you can leave. If he says “No.” you are under arrest.
You: “I’d like to talk with my lawyer, if I can’t leave.” And say it over and over and over and over….
Never consent to a search! Never. I’ve had people, who KNEW their car was clean, get arrested for drug possession. And NEVER admit to anything illegal without talking to your lawyer. Just DON’T!
Call us if you need us, we know what to do. (405) 236-1800.