There is an oft-repeated story about the fellow who enters a department store asking a clerk for aspirin. An hour later the fellow leaves with a cart full of sporting goods and hitches his car up to a new boat, motor and trailer. Another sales clerk asks the first one, incredulously, “How did you sell so much to a guy who came looking for aspirins?” The first clerk replies, “The aspirins are for his wife who has a headache. I told him he might as well go fishing.” This is an example of what is known in the trade as “up-selling.” All good sales people do it.

Some law enforcement officers go about their job the same way. Most Americans don't know their Constitutional rights when confronted by law enforcement officers, and some officers take advantage of this ignorance. They'll stop you on the highway, possibly for some minor infraction, and then ask for your license, registration and proof of insurance. All appropriate questions. Next however, they may say, “I guess you know why I stopped you,” hoping you'll confess to a litany of infractions, much like Jim Carey’s character in the movie Liar Liar.

In my experience, at least one Yavapai County deputy will, if allowed, examine your tongue, examine your pupils, take your pulse and even inquire as to your medical condition. All of this intrusion upon privacy occurred when stopped, ostensibly, for a cracked windshield! My personal favorite is the officer who stopped me and asked where I’d had dinner. I first thought he was getting real chummy; then I realized if I’d named a restaurant that serves alcohol then I might be examined more thoroughly. He was looking for “reasonable suspicion” or “probable cause” to investigate more aggressively.

Ya want fries with that?

From the moment some officers stop you they are “up-selling.” They are collecting evidence to do you in. All these tactics are geared toward writing more citations or taking you to jail. I cannot imagine for what legitimate reason the state needs to know where a driver is going or where they’ve been. I certainly cannot imagine why the state needs to know what medication one takes unless it impairs the driver, but even then they have no right to ask unless there is probable cause to suspect one is impaired. Taking the pulse of a driver is simply over the top - this activity is for medical professionals. Most people are confused regarding their rights during a traffic stop, and most figure whatever an authority figure does is legit. That is not necessarily so. We've seen in the news recently stories of bad cops who misuse their authority. For example, we saw a Yavapai County deputy charged with possession and transportation of cocaine; other cases in the news involve police officers trading leniency for sexual favors. Because law enforcement people are no less fallible than anyone else, citizens need to know their rights when confronted by police officers.

When an officer stops you while driving, you are required to provide your license, registration and proof of insurance. Providing any information beyond that and you are giving up your hard-earned privacy rights. When you are stopped, above all be courteous and non-confrontational. You'll gain nothing by loud-talking or being disrespectful to the officer. Even if the officer is rude and accusatory, be calm and don’t get rattled.

The most important thing is to determine early on why the officer stopped you. If stopped for a traffic offense then this should be the only topic for discussion during the stop. Questions relating to anything else are fishing expeditions. The officer is fishing for reasonable suspicion or probable cause to search or detain you. If you are stopped because you have a tail light out you must deal with that infraction and none other.

Never lie to a police officer. His authority increases exponentially once he catches you in a lie [He can also charge you with providing false information – Ed.], and he now has “reasonable suspicion” and is moving toward “probable cause” to arrest you. Remember, you do not have to answer any questions beyond the scope of the reason for the traffic stop, so certainly there is no reason to answer questions falsely.

Police must have a good reason to stop a driver. However, on the street police may interact with any pedestrian at any time. The law permits it, but it can only entail minor intrusiveness. Without probable cause the citizen has no obligation to remain in this encounter any longer than he or she desires. Unless the officer has “reasonable suspicion” that you are engaged in some criminal activity, he has no cause to detain you. Any questions the officer asks are geared toward generating reasonable suspicion and probable cause; if the officer can't generate reasonable suspicion that you are involved in some criminal activity, you are free to terminate this encounter. You may need to ask the officer, “Am I being detained?” The officer must then tell you either yes or no.

If his answer is ambiguous then ask again - pointedly. If he will not give you a straight answer or begins asking more questions, then you simply walk away. Police are not out there to chit chat; they intend to take someone to jail every chance they get because that is how superiors evaluate their job performance. Now, bear in mind that only one in 10 encounters with law enforcement end in arrest. Even fewer end in convictions. Therefore, over 90 percent of the people involved in police stops are absolutely innocent of any wrong doing, yet most law enforcement agencies feel this 9:1 hassle ratio is justifiable in order to get the one bad guy in jail.

Sometimes, and for no apparent reason, an officer will ask permission to search you or your vehicle. Upon any traffic stop officers have the authority to conduct a “pat down” or “Terry frisk”search looking for dangerous weapons actually on the person. If they find a soft lump in your pocket (which could not possibly be a weapon) they have no authority to make you empty your pockets. The reason they do this is because they have no reasonable suspicion of wrongdoing but want to go fishing for some probable cause to detain or arrest you. Also, beware of the compound question - it goes something like this:

Officer: “Well, if nothing is wrong in here you won’t mind me searching your car will you?”

Driver: “No,” meaning, “Nothing is wrong here.”

What the officer hears is, “No, I do not mind you searching my car.”

Recently the state Supreme Court ruled in Arizona vs Gant that police officers are not allowed to search a vehicle without a warrant, even if a suspect has been arrested. Most people think if you have nothing to hide then there is no reason to resist such a search. The truth is, you have every right to refuse. It is at the very foundation of our nation, and American soldiers have fought and died since the Revolution to ensure your rights against unlawful search and seizure. Constitutional rights are like muscles: they go away when not exercised.

According to the Bureau of Justice Statistics report on citizen-police contacts, about 21 percent of the US population of driving age, about 44 million people, had face-to-face contact with the police during 1999. More than half of these were traffic stops. Of these 19.3 million documented traffic stops, almost 1.3 million motorists said police searched them or their vehicles. In 90 percent of these searches police found no evidence of a crime whatsoever, leaving us to believe that most of these searches could have been avoided if the motorist properly asserted his rights by refusing to consent to a warrantless search.

Refusing a warrantless search is not grounds for creating “reasonable suspicion” so, if an officer asks permission to search your vehicle, you should politely decline by saying, “Officer, I know you want to do a good job but under no circumstances will I allow you to search my personal belongings.” This should be the end of it, but some officers may then up the ante. Some may say, “Well, I can send for the drug dog to sniff your vehicle.” This is often a bluff; again, officers must have some reasonable suspicion of drug activity before they can detain you long enough for a drug dog to make the scene. Be alert. At this point you should merely ask, “Am I being detained, and if so why?” Now they must tell you why they feel justified in detaining you. Usually, if the street stop escalates to this level, the officer is constantly peppering you with questions. This is a good time to let the officer know that you do not intend to answer any questions until you have a lawyer present.

Even if the officer asks the time of day you are under no legal compunction to answer, but if the officer decides to arrest you then do not resist – take it to court. As soon as possible, get with a competent attorney to safeguard your rights. Police will use against you everything you say and do. Don’t let a busted tail light lead to the “boat, motor and trailer” scenario.

(Wilson is a freelance journalist and adjunct instructor of Communications; he lives in Walden Meadows with his wife and two dogs, Bailey and Tex. Dale gleaned much of the information in this article from www.flexyourrights.org. You can contact him at This email address is being protected from spam bots, you need Javascript enabled to view it

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