KNOW YOUR RIGHTS!
Did you know when law enforcement asks to search you, your car or home; you DO NOT HAVE to consent to a search of your home, car or person?
- If you do not let them search the police may threaten to “go get a search warrant”, if they had enough probable cause to get a search warrant they would have.
- Even if they do get a search warrant, so what? You are no worse off.
- If the police threaten that they will tear your house up if they have to get a search warrant, they can and will tear it up anyway without a search warrant. Besides, having a torn up house is nothing compared to getting arrested and charged!
- You need to respond to the officers but you can talk through the door, you do not have to open your door. Once opened they may not let you shut your door. If they do have a search warrant they will go ahead and enter your home anyway.
- You can tell the officers that you simply do not have anything to say to them, “Officer I have nothing to say.” Simply keep repeating this if they continue.
- Any search of you or your home gives law enforcement more reason to arrest you.
- When detained, always ask the officer, “Am I free to leave?”
When you are stopped for DUI while driving your car…….Always be polite and say “Yes or No Sir” or “Yes or No Officer”.
- IMMEDIATELY hand the officer your driver’s license, insurance and registration.
- You do not have to tell the officer anything about where you are coming from or where you are going. This only helps them build a case against you.
- You DO NOT HAVE to tell the officer anything about your drinking that evening. This only helps the officer build a case against you.
- You can simply tell the officer, “Officer, I have nothing to say.” If the officer persists, you could ask the officer, “Am I free to leave?”
- If the officer threatens you or yells at you….you can ask if you can record him on your cell phone as he is intimidating you; state what he/she is doing.
- When asked to perform Standardized Field Sobriety Tests or the “eye test”,YOU DO NOT HAVE TO as the officer is gathering evidence against you! You WILL NOT lose your license or be harmed if you refuse the voluntary tests.
- Officer may say, “Are you willing to perform some tests for me?”
- Officer may say, “Do you want to perform some tests so I can see if you are safe to drive home?” Officer is collecting evidence that could be used against you.
- These VOLUNTARY tests are the PBT (handheld intoxilzyer test), Walk & Turn, One Leg Stand and the HGN (using eyes to follow pen or finger of officer).
- When advised of “Express Consent” about whether to take a test of your blood or breath, you WILL lose your license for at least a year if you refuse.
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