It’s completely understandable to be nervous when talking to police, even if you haven’t done anything wrong. But if you may have done something wrong, like going a little too fast or there’s a possibility that you are under the influence of alcohol or drugs, we realize you likely will be nervous and anxious when talking with police.
People express this nervousness in different ways. Some people start to sweat, others might avoid eye contact with the officer, while others open their mouth and can’t stop talking. They may talk about the weather, their night or anything other than the situation at hand, and while that may seem harmless, it could end up costing you dearly. Below, we explain why you’ll want to avoid small talk during a traffic stop.
Why You Shouldn’t Shoot The Breeze With Police
You may assume that being friendly and having some small talk with the police can help you avoid a ticket or an arrest, but the fact of the matter is that this small talk will likely increase your odds of an unfortunate outcome. Here are some major reasons why you’ll want to avoid small talk with police:
1. They Have Limited Time – Legally speaking, a traffic stop is only allowed to take a reasonable amount of time. In other words, police can’t keep you there all day searching for evidence. They can gather your information, enter that information into their database, and then carry out the ticket or another interaction. That’s it. They can’t keep you on the side of the road for 45 minutes so a K-9 unit can arrive and search your vehicle. However, if you carry on a conversation and keep talking, the interaction is allowed to legally persist. Police are not allowed to unnecessarily prolong the interaction, but if this continuation if fueled by the driver, then the stop isn’t illegal. Don’t let police hang around looking for evidence or bring in K-9 units onto the scene because you wouldn’t stop talking.
2. You’re Handing Them Evidence – Even though you’re not under arrest at the moment, the words of the Miranda rights ring true during an interaction with police. Anything you say can and will be used against you. You may assume that the police will believe you if you say that you’ve only had two beers, but the only thing they’ll take from this conversation is that you have admitted to consuming alcohol. Be short and sweet, otherwise you may be incriminating yourself.
3. Be Forgettable – Finally, it’s helpful to be forgettable when talking with police, and keeping replies short and concise can do just that. In the event the matter goes to court, the officer is going to need to recall the events in question from memory. If you carried on with a conversation and gave them more to put in their report, you’re going to be more memorable, which boosts the credibility of the officer who is building a case against you. If you skip the small talk and are just another generic interaction during their week, it may be harder for them to remember key details about your traffic stop, which could make your version of events seem more convincing.
There’s no reason to have small talk with police during a traffic stop, so don’t do it. Keep your mouth shut except for responding to the identification questions, and you’ll make it harder for police to build a case against you.
If you need help contesting an officer’s version of events, or you need help with a different criminal matter, reach out to the team at Appelman Law Firm today at (952) 224-2277.
