ENCOUNTERS WITH THE POLICE

People often ask what they should do if stopped by the police and either are asked to answer questions or to consent to a search  If I didn't want the police to search my car or if I didn't want to answer any questions, I would read or give a copy of the paragraph below to the officer.  Feel free to print out this page if you like.  You should understand, however, that the police officer will probably deem this to be a failing of the "attitude test", so be prepared to be arrested, if you are not under arrest already.  If you are not in possession of any contraband or if you are sure that any statement you make cannot come back to haunt you, you may wish to cooperate with the officer.  You should also understand, that if the officer claims to have smelled burnt marihuana coming from your car, he won't need your consent to search you or the car.

I refuse to consent to any search of my premises, the location of my arrest, my car, my person or my personal effects.  I wish to exercise my rights under the Fifth Amendment of the U. S. Constitution to remain silent and my rights under the Sixth Amendment of the U.S. Constitution to have my attorney present during any questioning or any lineup, in addition to all rights afforded me under the Texas Constitution.  If you ignore my exercise of these rights and attempt to have me waive these rights, I wish to confer with my attorney prior to any conversation with you or any other law enforcement officer on the subject of waiver.

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