What Do You Do If You're Stopped By The Police?

Under PA law, the police may stop any person to ask questions without any cause of suspicion. This "mere encounter," according to our appellate courts, does not carry with it any particular obligation to stop. However, in the realistic day to day activities in which normal people are involved, most of us stop when asked by a person in authority.

If the person's movement is restricted in any way, on the other hand, a seizure of the person has occurred. Such a seizure must be supported by "reasonable suspicion" of criminal activity. Most of the time, people are stopped and asked for their identification. I always endorse having ID because the police many times detain a person until his or her ID is established, and most normal people have other things to do than argue with the police over this. If the police run the ID and return it to the person, having found nothing to justify further detention, they will then mostly likely announce that the person is "free to leave." This statement has become a judicially-approved method for the police to break off the initial encounter for which they now possess no reasonable suspicion for continued detention, and allows them to re-establish reasonable suspicion for detention on another ground. Thus, when they say you are "free to leave," that is the last thing they hope you do.

When you make a motion to leave, they may very well start asking you other questions to establish separate grounds. Many times this can be as bald as, "Are you carrying anything illegal?", or "Are you carrying anything that we should know about?". Your best answer is to leave while saying, "I am not saying anything without my attorney." Never consent to a search. The courts have held that consent to any police action means that the police no longer have to demonstrate cause. It also frees them to search for anything they want without specifying the items for which they are searching. In any court action afterward, consenting to a search will put your attorney at a decided disadvantage.

The important thing to remember about all of this is that you should keep the card of your attorney handy and call the attorney if there is an encounter with the police. If arrested, the you should say nothing until you speak to an attorney. Just like the old saw about "name, rank and serial number," every person should simply say that they wish to speak with their attorney before saying anything. On my cards, I have printed on the reverse a short version of the above to remind my clients of what to do, as well as my cell phone number in case you find yourself in trouble. Phone the office for one to carry with you!