Another common mistake made during a typical police - citizen encounter, is that you "think", "I know my rights"; most are surprised to learn what they they truly do and most often don't know.
Here are a few things you have the right to do and don't do ... during an encounter with the police:
1. You "DO" have the right to remain Silent.
However, during a traffic stop, you must be able to provide your license, proof of insurance, and valid registration if requested. Further, in the State of Georgia, Case Law has granted the ability for Officers to request that you exit your vehicle while they try to obtain this information from you.
The best legal advice that can be given, was most likely taught to you at an early age:
Be polite and courteous in dealing with the police... While exercising your constitutional rights.
Tip: After providing the required information/documentation ... every other answer to officer questioning can be .... NO, and I'M I FREE TO LEAVE.
2. You "DO" have the right to refuse an offers request to "Search".
Tip:
Most Officers rely on the public's lack of experience in dealing with the police. They are trained to ask you "questions" that sound like commands. Case Law has ruled they are NOT and further that the police may use your consent as a waiver of your constitution rights.
Here’s how they do it:
Would you mind if I patted you down?
May I take a look in your car?
Is there anything in the vehicle I need to be aware of?
Would you mind showing me whats in your pocket?
If you don't have anything, you should'nt mind me searching?
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