Retired Police Officer Stephen Owsinski shares his insights on what a police officer looks for when he or she pulls you over.
Saw those emergency lights flashing in your rearview mirror, heard the whoop-whoop of a police cruiser's siren…and realized you were being pulled-over? If you felt the pangs of nervous angst caused by a traffic stop, you are not alone. In fact, even if you had no idea why you were being pulled over by police, it is likely your mind started racing with anxiety. It's only natural in such circumstances.
With that said, self-preservation mode ensues, and your mind goes in a thousand different directions at once. The police can often detect such nuances and, naturally, define these character traits as suspicious behavior. That is when the citizen/police interaction can become somewhat adversarial. The proverbial cat-and-mouse scenario can go awry and tax your psyche'.
For example, take someone who is motoring along and the police observe a mere traffic infraction, giving credence to a "probable cause" traffic stop. Whether your foot was a tad too heavy on the accelerator or you pushed the envelope on making the traffic signal before it cast a red light (Yellow light means "Prepare to stop!"), these types of traffic infractions are non-criminal moving violations. Often, they result in a written citation or a verbal warning to operate more carefully and observantly.
However, your demeanor on any traffic stop or other police/citizen interaction can garner extra attention of law enforcement officers. As stated above, nervous energy elicits officer suspicion, even if you have nothing illegal under your seat, in your trunk, tucked in center console, closed in glove-box, stuffed in your visor...or deep in your pants pocket.
Human nature regarding feeling nervous around authority figures is neither new nor is it abnormal. But, the results are the same: police get curious and more suspicious by nervous folks in their presence. It's part of their training. It is also attributed to how often nervous individuals are, in fact, hiding something they know to be illegal.
Take "drug possession," for example. Whether you did or did not have contraband in your car at the time of a traffic stop, there are conventional things to consider, should the police hone-in on digging deeper. First and foremost, remain poised. Nervous banter and fidgety behavior bring scrutiny. Also, defensive posturing will raise the ante of police officials who are trained to detect such behavior and incorporate it into investigative means. Do not escalate matters. Remain calm and collected. Be reserved in your interactions with police. No need to match wits and/or engage in a battle of minds and wills. No matter the circumstances, be respectful. Remember, your actions are likely recorded by police and included in their report.
Let's examine some legal tenets pertinent to our discussion:"The police have strategies; you have rights."
Canada's Plain View Doctrine is when the police are physically at your car and can clearly articulate what is a form of contraband. This mere visual opportunity can enable the police to seize contraband in your car or other place ("in constructive possession"), providing they have a lawful right to be present (versus trespassing, which would make the seizure "unlawful"). This is but one factor a criminal defence attorney analyzes and sorts out on your behalf.
Similarly, Canada's Plain Smell Doctrine is demonstrated when a police officer is nearby your car and detects/articulates the odor of marijuana. Once that odor is articulated by the officer, Canadian law recognizes police actions pertaining to vehicle searches. Courts often waffle about the practice, and that is where a criminal defence attorney can focus on your behalf. (Mind you, while Canada is considering decriminalization of marijuana, "recreational use" is still illegal-medicinal use is the exception.)
Minus the two aforementioned possibilities, the police can always ask for consent to search your car. Equally, you can always decline consent; there is never a mandate that you must qualify why you decline consent. It is your right! Absent a search warrant, the police have little recourse.
If consent is denied, one other avenue employed by police is to "walk a dog." That is, summon a drug-sniffing police canine and walk it around your car. If the police dog "hits upon an area of your vehicle" (scratches at a fender or door or simply sits at the trunk, it is communicating to its police handler the discovery of drugs in that particular area). Here, too, should such an event transpire, your criminal defence attorney will form the basis for the stop, question the police dog's training and certification, examine the entire situation, and forge a legal defense to represent your rights in optimal fashion.
In any of the above scenarios, you have the right to remain silent. It is always fact that anything you utter and/or any action you take can be used against you in a judicial proceeding. Conversely, the more you say to police on-scene and, if arrested, during booking procedures, the more potential damage there is, increasing the workload your attorney has representing you in court. Respectfully, the Crown Attorney is not on your side, and whose job it is to employ everything against you. It is merely the nature of the Canadian justice process.
On the other hand, your criminal defense lawyer will analyze the drug case, what lead up to you being singled-out by law enforcement, determine if any procedural violations exist to exonerate you, get the charge(s) dismissed due to legal reasoning (no criminal record), or achieve a reduction in punishment should the court seek punitive measures. In any event, legal matters such as drug offences can be quite complex. Know your rights and seriously consider retaining a criminal defense attorney if charged/arrested.
The police have strategies; you have rights. There is never a need to feel marooned on an island, with a shark circling, and no one to look out for you. With your legal well-being on the line, the highly-skilled criminal defense attorneys at Mayer Dearman Pellizzaro are always available and ready to represent/ensure your rights.
About the Author: Stephen Owsinski served 16 years as police officer, including postings to the patrol division and as a Field Training Officer. He is now a researcher and professional writer.