这次大摆乌龙的“被肇事逃逸”事件总算解决的差不多了。昨天收到代理律师一封邮件，里面包含了一些在美国开车和交警打交道的知识。发上来大家都看一下，心里有个谱。希望大家不要像我这么倒霉躺着也中枪。
To Clients, Family and Friends:
Unfortunately I have had this discussion in depth too many times after someone has been charged with a crime. The following is a compilation of my and other peoples’ ideas (stolen by me) that I have used to illustrate the need to know how to protect your rights before you are accused of something by law enforcement.
The following video does an informative job of reinforcing the RULE to call your lawyer before talking with the police -- Always. A less confrontational way to assert your right to remain silent is to say “Officer, I have been told by my parents/lawyer, that they must be present in a situation like this before I answer any questions or before you can search me.” THEN BE QUIET.
If you are stopped for a traffic matter, a polite response after being pulled over may include: When the officer asks, “Do you know why I pulled you over?” Respond “Would you please explain it to me officer?” This avoids making any admission but still gives the officer a polite response.
Invest the time to watch these two videos, they illustrate how unwise it is to say anything to the police or any government investigators until you have a lawyer present. ALWAYS Zip your lips.
As you know, anything you say can be held against you. But did you know that anything you say that is favorable to you can be objected to as hearsay by the prosecutor and probably upheld by the judge?
This means that talking to a policeman, no matter what, is a lose-lose deal for the talker.
Spend 27 minutes watching the first presentation at the link that follows.
The second 21-minute presentation by the policeman is informative on how the police get 80% of people to confess to something.
WHAT TO DO IF STOPPED BY THE POLICE
A few basic things for people of all ages, when getting pulled over by the police:
1. Pull off the road as soon as possible.
2. Immediately roll down the driver window, turn off the engine.
3. Keep both hands on the wheel and be quiet.
4. Don't start rummaging through your back pocket for your wallet and license, or in your glove compartment for your registration, until the officer asks you for them. When he asks for your license and registration, tell him where your license and registration are kept and ask if you may reach for them. When he says yes, slowly gather them and hand them to the officer.
5. Most officers decide, before leaving their vehicle, whether they're going to give a ticket or just a warning. They may act as though they still haven't made up their minds and are going to let you off only if you'll cooperate. Don't fall for this. The officer may try to appear open-minded in order to extract admissions out of you, to use them against you in court if necessary. The strategy is to try to get you to admit either that you committed a violation or that you were so careless, inattentive, or negligent that you don't know whether you did or not. If he asks "Do you know why I stopped you?" or, "Do you know how fast you were going?", your answer, if any, should be non-committal and brief, like a simple "No" to the first question or a very confident, "Yes, I do," to the second. If he then tells you how fast he thinks you were going or what he thinks you did, don't argue. Give a noncommittal answer, like, "I see," or no answer at all. Silence is not an admission of guilt and cannot be used against you in court. Do not apologize after you get stopped, because that can be considered an admission of guilt and could be used against you later in court.
6. Just Say "No" to Warrantless Searches
Warning: If a police officer asks your permission to search you, your house or car, you are under no obligation to consent. The only reason he's asking you is because he doesn't have enough evidence to search without your consent. If you consent to a search request you give up one of the most important constitutional rights you have—your protection against unreasonable searches and seizures.
A majority of avoidable police searches occur because citizens naively waive their Fourth Amendment rights by consenting to warrantless searches. As a general rule, if a person consents to a warrantless search, the search automatically becomes reasonable and therefore legal. Consequently, whatever an officer finds during such a search can be used to convict the person.
For example, the average motorist stopped by a police officer who asks them, "Would you mind if I search your vehicle, please?" will probably consent to the officer's search without realizing that they have every right to deny the officer's request.
If, for any reason you don't want the officer digging through your belongings, you should refuse to consent by saying something like, "Officer, I know you want to do your job, but my attorney /parents have told me never to consent to any searches of my private property."
7. You have the right to terminate an encounter with a police officer unless you are being detained under police custody or have been arrested. The general rule is that you must identify yourself but don't have to answer any other questions that the police ask you. You may not lie. If you feel it is best not to answer truthfully, then don't say anything at all. (i.e. Put you at the scene of the offense; admit to coming from an establishment where alcohol is consumed) If you cannot tell if you are allowed to leave, say to the officer, "I have to be on my way. Am I free to go?"
If the police proceed to detain, search, or arrest you despite your wishes—do not physically resist. You may state clearly but non-confrontationally: "Officer, I am not resisting arrest and I do not consent to any searches." Or you may assert your rights by simply saying nothing until you can speak with an attorney.
If the officer says "Yes," tell him to have a nice day, and leave immediately. If the officer's answer is ambiguous, or if he asks you another unrelated question, persist by asking "am I being detained, or can I go now?" If the officer says "No," you are being detained, and you may be placed under arrest. If this is the case, reassert your rights to have your attorney or parents present. A less confrontational way to assert your right to remain silent is to say “Officer, I have been told by my parents/lawyer, that they must be present in a situation like this before I answer any questions or before you can search me.” THEN BE QUIET. Do not reply to statements made by the officer. The statements are made to elicit a response from you without asking you a direct question.
You should never hesitate to assert your constitutional rights. Just say "no!"
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