Cato’s Ten Tips to Avoid Waiving Your Rights during DUI, Traffic Stops and Criminal Investigations

The career of a dedicated Maryland criminal lawyer is based upon defending people who have been accused of a variety of criminal charges. Oftentimes, individuals who are confronted by police are so flustered that they inadvertently waive many of their constitutional rights, even if they have not broken the law. To combat against this, as well as encourage people to utilize their rights, the Cato Institute has produced a short film, about 38 minutes long, entitled, “Ten Rules for Dealing with the Police.” The film highlights how easily people can unintentionally forgo constitutional protections during a confrontation with police and though the Institute is based in Washington, DC, the material covered in the film applies to jurisdictions throughout the United States, including Maryland.

The film portrays a number of hypothetical situations in which ordinary people who have not committed any illegal act may unintentionally waive their rights to counsel. One scene depicts a college student stopped by an officer for “illegal lane changes” who allows the officer to search his car, and then becomes embroiled in a criminal investigation. In another scenario, an elderly woman allows two officers to search her home to complete a “safety check.” She is quickly placed in handcuffs when police find a small bag of marijuana buried in her couch. According to the narrator, “The police are trained in techniques to get you to waive your constitutional rights. Even the nicest cop will use your mistakes against you.” Therefore, knowing your rights is essential to prevent the conviction of unnecessary and inappropriate criminal charges.

The following is a summary of some of the tips offered in the film that may help you better protect your rights in the event that you are detained during a DUI checkpoint, pulled over during a traffic stop, or any other contact you may have with law enforcement officials:

• Always stay calm and collected and always treat the police officer with respect.
• Politely but firmly exercise your right to remain silent.
• You may refuse searches of your body or personal property if police officers do not have a warrant. Simply say: “I do not consent to this search and I would like to speak with my attorney.”
• Don’t be lured or intimidated by false promises or threats made by police.
• Always ask the attending officer if you will be detained or if you are free to leave. In order to detain you, they must have probable cause that an illegal act was committed. Likewise, do not do anything to give the police probable cause to detain you unnecessarily; such as becoming combative, verbally abusive, or running away.
• Be an attentive witness to the situation. This way, if police misconduct occurs, you can accurately report it to your attorney.
• Do not allow any government official in your home without first seeing a search warrant signed by a judge.

By following these simple steps, you may be able to protect some basic constitutional rights that many people unknowingly waive during police encounters. If you are contacted by police officers who are investigating a criminal matter, or you were stopped for what seemed like a routine traffic violation and are now facing serious charges, it is important that you immediately seek the legal advice and representation of an experienced Maryland criminal defense attorney. Doing so can help ensure the best possible outcome for your case. Maryland criminal lawyers have the experience and the drive needed to challenge any kind of criminal filing and will never cease in their efforts to protect your rights and your reputation. Contact our law offices today for a free case evaluation, (301) 291-5250.