A. Stop and Initial Contact
• What is the standard for stopping someone? A police officer must have probable cause that a traffic violation has occurred before that officer can lawfully stop a vehicle.
• What is the standard for detaining someone? A police officer may detain someone if he/she can point to specific and articulable facts giving rise to a reasonable suspicion that the person stopped is, or is about to be, engaged in criminal conduct. This temporary seizure must be reasonably related in scope to the justification for its initiation.
• What is the standard for arresting someone? A police officer must have probable cause to arrest an individual. Probable cause to arrest exists where the totality of the facts and circumstances known to the officers at the time of arrest would warrant a reasonably cautious person to believe an offense is being committed.
• Was I arrested? You are under arrest if a police officer takes you into "custody." This means that you believe you are not free to walk away from the scene of the contact with the officer. Not every stop by a police officer means you are under arrest. If stopped only for a short time, then you may have been "detained," rather than legally arrested.
• Why did they tow or not tow my car? The decision to tow or park your vehicle is at the discretion of the arresting officer. If it is possible to leave your vehicle in a safe and legal location, the officer may agree to park your vehicle so you can avoid the expense of a tow. In this case, you would be required to sign a liability release.
• The officer searched my car, can they do that? Yes, this is called a search incident to arrest. If you are driving a vehicle, as in a Washington reckless driving or racing case, and are subsequently arrested, the officer has authority to search your vehicle.
• Will there be a videotape of my stop and arrest? Possibly. It depends on the agency and the equipment installed in the police car. Some local law enforcement agencies have installed video equipment in many of their police cars. If there is a video of your stop and arrest, you have a right to view this video and your attorney can obtain a copy.^back to top
• The officer had me sign some documents, can I get copies of these? Yes, these documents will be provided to your attorney as part of “discovery” along with other police reports created at the time of your arrest.
• The officer never “read me my rights”, does this help my case? Possibly. This may lead to the suppression of any statements you may have made to the officer.
• I refused to answer the officer’s questions, will this hurt me? No. You have an absolute right to refuse to incriminate yourself by making statements. If your case went to trial, the prosecutor and officer would not be allowed to even mention the fact that you were asked questions and did not answer.
• Could I have talked to an attorney at the police station? Yes. The police are required by law to give you a reasonable opportunity to contact an attorney by phone. In many areas there is an on-call attorney assigned to take these phone calls at all hours of the day and night.
• How would I have contacted a lawyer the night of my arrest? If you request to speak with an attorney, the police are required to give you access to a phone and provide you a chance to call an attorney. You may choose to attempt to contact an attorney you already know or find one in a phone book. However, the best option is to ask to speak with the on-call attorney who will be available to consult with you about your options.
• I spoke to a public defender the night I was arrested. Will I be able to find out who that was? Yes. The name and contact information for that attorney should be listed in the police officer's report.^back to top
• I was very polite and cooperative with the officer, will this help my case? While it is certainly easier for your attorney to negotiate for a good deal when you treated the arresting officer with respect, often people waive important rights and provide incriminating evidence in the context of “being cooperative.” You can, and should, very politely tell the officer that you wish to speak with an attorney and do not waive any rights.
• I have no criminal history, will this help my case? Having a clean criminal history and a clean (or relatively clean) driving record can help in negotiating your case. Your criminal history, or lack of history, would generally not be relevant if your case went to trial.
• The officer did not take me to jail and even gave me a ride home, does this mean I won’t be charged? Absolutely not. This is common practice with some law enforcement agencies and it has no bearing on the filing of charges.
• Will the officer write a police report and can I get a copy? Yes. The officer will write a police report and you may review a copy. The easiest way to view this report is for your attorney to make a discovery request. The prosecutor must provide this report to your attorney.
• The officer did not give me a ticket for reckless driving or racing, what does this mean? It means that you will receive a notice in the mail of when and where your first court date is scheduled.^back to top
