Do I need to submit to a police officer's demands to do a field sobriety test?

NO!!

• Do not answer any questions other than name and address.

• Do not agree to perform field sobriety tests such as the heel to toe, finger to nose, or one leg stand.

A police officer will not tell you that you have the right to refuse a field sobriety test.

• Do not agree to have your eyes examined. ex: Horizontal Gaze Nystygmas

• Do not agree to blow into a PBT (handheld breath tester).

• Do not agree to any breath or blood test.

• Do not consent to have your vehicle or your possessions searched. 

• BE POLITE. PRODUCE REQUESTED DOCUMENTS. 

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What do I do when I am stopped by a police officer?

1) Keep Your Private Items Out of View : Always keep your private items that you don't want others to see out of sight. Police can search your vehicle, you, or your home if items are observed in plain view.

2) Be Courteous & Non-Confrontational: If you are stopped by a police officer, remain calm. Even if the police officer is rude, belligerent or argumentative, do not talk back or raise your voice to a police officer. Remain calm, courteous, and non-confrontational. You will find yourself on the losing end and find yourself in court if you don't.

3) Determine the Reason You Have Been Stopped: Police may initiate a conversation with any citizen for any reason, however they may not detain you without "reasonable suspicion" that you are engaged in criminal activity. Ask the officer: "Why am I being stopped?" If the officer does not indicate that you are suspected of a specific crime, then this is a casual stop and you should be allowed to terminate the encounter at any time. Tell the officer to have a good night and say good-bye. If the officer indicates that you are suspected of criminal activity, you are being detained. He is now trying to find evidence to establish probable cause and place you under arrest. DO NOT ANSWER ANY QUESTIONS EXCEPT YOUR NAME AND ADDRESS. DO NOT CONSENT TO PERMISSION TO HAVE YOU OR YOUR PROPERTY TO BE SEARCHED.

4) Just Say "No" to Warrantless Searches: You do not have to consent to having you or your property. The police officerwould not be asking if he had probable cause. You are protected by the U.S. Constitution and the Massachusetts Bill of Rights against unreasonable searches and seizures. The only reason he is asking is because he doesn't have probable cause. If you consent to the search you will waive your rights from these protections and whatever an officer finds during such a search can be used to convict you. The police officer will not tell you that you have the right to declilne the search. Do not be intimidated by the police officer! DO NOT CONSENT! Be polite and simply say "Officer, I know you want to do your job, but I do not consent to any searches of my private property." Do not fall for the trick that most police officers play such as, "I'm going to search your car anyway, if I find anything you're going to be in more trouble". Simply tell the officer that you are not giving consent. If he searches without probable cause then it's an illegal search and we will fight to suppress the evidence.

5) Determine if You Can Leave: You have the right to terminate an encounter with a police officer unless you are being detained under police custody or have been arrested. Simply say to the officer, "I have to be on my way. Am I free to go?" 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. Do not answer any questions and do not resist. We will protect you in a court of law.

6) Do Not Answer Questions without Your Attorney Present : There is no reason to worry that your failure to answer the officer's questions will later be used against you. Anything you say can, and probably will, be used against you. "Officer, I have nothing to say until I speak with a lawyer." *Remember- If you do choose to answer any of the officer's questions, always be honest. Police are not easily tricked and will often become hostile if they feel disrespected. If you feel it is best not to answer truthfully, then don't say anything at all.

7) Do Not Physically Resist: You can still be found guilty of resisting arrest even if the original reason for the arrest is dismissed. You will run into a police officer, that I classify as, a bully, I know, I worked with a few. The outcome of your case may be in your favor if you follow my suggestions.

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What are my rights in my house? 

1) Keep Your Private Items Out of View : This is common sense: Always keep any private items that you don't want others to see out of sight. Legally speaking, police do not need a search warrant in order to confiscate any illegal items that are in plain view. Bear in mind that, without a search warrant, police cannot enter you home under any circumstances.

2) Do Not Let Them Enter : Exit the house and close the door behind you before greeting the officer. Regardless of what the officer says, there is no reason they need to be allowed into your home. Permitting an officer to enter your home is the equivalent of waiving your Fourth Amendment right against unreasonable searches and seizures. Without a warrant, police officers absolutely cannot enter your home without your permission or an emergency circumstance that could justify their entry.

3) Be Courteous & Non-Confrontational: If a police officer contacts you at your home, remain calm. Ask the Officer "How can I help you?" While you may not be pleased to have the police at your door, it is best to treat them as you would any other unexpected visitor. You have nothing to gain -- and everything to lose – by allowing hostilities to emerge. Even if the officers are being belligerent it's always in your best interest to remain calm, courteous and non-confrontational.

4) Determine the Reason for the Officer's Visit : In many cases, the Officer's visit will have nothing to do with you personally. They may be seeking information about a crime committed in your neighborhood. In other instances, they may have concerns about activities taking place in your home. While you are under no obligation to answer police questions, it will often be possible to terminate the encounter simply by agreeing to turn down your music or bring your barking dog in from the backyard. If the police officer indicates that he or she would like to enter your home, you have become a criminal suspect and must be prepared to exercise your constitutional rights.

5) Just Say "No" to Warrantless Searches:  WARNING: If a police officer asks your permission to search your home 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 Fourth Amendment protection against unreasonable searches and seizures. Don't expect a police officer to tell you about your right not to consent. Police officers are not required by law to inform you of your rights before asking you to consent to a search. In addition, police officers are trained to use their authority to get people to consent to a search, and most people are predisposed to comply with any request a police officer makes. 

(6) Do Not Answer Questions without Your Attorney Present : There is no reason to worry that your failure to answer the officer's Assert your Fifth and Sixth Amendment rights by saying these exact words: "Officer, I have nothing to say until I speak with a lawyer."

 If you are under investigation for a crime such as drug possession or drunk driving offense, if you have already been charged with a crime or drunk driving violation, please call (508) 872-3144 or (978) 373-8811 right away. We will give you a brief but professional “first-impression” analysis of your case and your situation, which will allow you to take an important first step in defending the case against you.

Call the Law Offices of

Defilippis, Kaldis & Hennessey

5 locations:

Bradford

Lowell

Andover

Framingham

Boston

508 872-3144

978 373-8811

or email

info@dkhlaw.net