How do I protect myself when being detained by a lying cop?

Question

I had pulled over onto a gravel sideroad, about midnight out in the country, was talking on my cell phone, a cop drives up & comes to my window. He says a passerby had flagged him down & said they had stopped & pecked on my car window but got no response, like I was supposed to be passed out or sleeping or something (complete lie). A pickup truck did drive by, but they didn't stop. So while I was talking to this cop, he says he smells alcohol. I don't drink. (Lie #2) Made me get out, searched me, my car, & gave me a sobriety test but not a breath analyzer. How do I defend myself against lying cops? I thought I was going to be arrested. I am a 51 yr old white female, have a clean record, never been arrested & have had one speeding ticket (school zone) & 2 parking tickets in my entire life. Please, only serious answers.

I was coming back from a friend's house, & was calling home to see if I needed to go pick up a pizza & was basically just yakking; it was a nice night. I had my cell phone on the entire time. I was very respectable towards him & his questions, but kept my phone contact informed of what he was doing. He made me sit in his patrol car while he searched my car.

Mikeysco: I do not drink. I hadn't been around anybody drinking, and nothing smelled like alcohol in my car. A body knows what alcohol smells like. The vehicle that passed by me drove on west, and the cop came from the east. The area is farmland in the southern part of the county. I live south of there across the county line (a river) in a very small town, about a mile away; you can see the lights of my town from where I was sitting. Occasionally, I have gone across the river to do some stargazing. This cop was approx 25-30 mi from his precinct. He could see I was coherent and I was not breaking any laws. I felt he was looking for an excuse to arrest me because he was bored. And I'm not the only one who's been lied to by cops in this area. I guess what I'm concerned about is, if this happens again in the future, how can I defend myself when it's his word against mine? And with these kinds of tactics, is it any wonder people have a hard time respecting law enforcement?

Answer 1

Well...sometimes if they think you may be up to no good they'll tell you a story like that. However, the fact you were on a gravel road around midnight and off the beaten path is cause to stop and if anything make sure you're okay and not broken down.

The alcohol smell was a stupid ploy and legally although he may pat you down for weapons (Terry vs Ohio) for his/her own safety the search of the car was improper without your consent. If you are arrested then a search is reasonable under the caretaker function of the law. however that does not give you the right to enter into the trunk or locked containers.
A field sobriety test is normal because the odor of alcohol (when present) is reasonable suspicion. The failing of a field test is the probable cause for the pinch on a DWI charge. You apparently weren't pinched because he saw you were not intoxicated.
However...this is why police departments have supervisors. I would suggest contacting that particular department and lodge a complaint with a supervisor as to the procedure followed by the officer. He seems to be a cop looking to make a cheap collar. Your "stop" so to speak should be listed in the department's radio logs. If it's not there than I guess he may have alittle problem.
Oh...as far as Smitmeister's comment goes. Dumb advice. Lock your doors when a cop wants you out of the car and you get a smashed window for your trouble. From that point on it will all go downhill. Never resist arrest. The courts are your forum if you think you're wronged. You did not have to allow the search but his methods were not within department policy. If the supervisor says they were then they may want to revise their policy to reflect and comply with Supreme Court rulings.

Answer 2

Well you have obviously been let go by the cop, so your question should be, "if I get stopped by a lying cop again, what do I do?" Did he give you a citation? And why do you say 'cop' in your question but then refer to 'cops' later on? Do you have his badge number and name? And more important, do you have a lot of time and money to pursue the guy in court for a weak Civil Rights violation case? Police officers do stuff like that all the time. What were you doing stopped at midnight on a country sideroad? I don't think a smart safe woman is going to stop anywhere like you described just to talk on the cell phone. So, what information are you NOT sharing here?

Answer 3

Yes, police can do this, and courts have upheld its legality. The legal justification for this is simple- if person A was really innocent, he should not have anything to hide, and if person B was legitimately lying to the police (which is an offence), then he deserves to get in trouble for doing so. This is a reason why you should never speak to the police without a lawyer present- no matter what they say, you should answer any questions with "I have nothing to say to you. I want to see a lawyer". Entrapment is a different thing entirely, and it revolves around police inducing someone to commit an offence they would not likely have committed otherwise. Tricking someone into confessing is entirely legal. The only thing police cannot lie to you about is your legal rights. An officer cannot, for instance, say that you are obliged to answer questions when this isn't actually the case. On occasion, they do try this on people they suspect don't know what their rights are (they sometimes tell minors that they "don't have any rights", which isn't true), which is why knowing them is important.

Answer 4

I don't have a good answer for you, but I do believe you. I've experienced dishonest cops too.
Walk in the light of your truth.
Greater is that which is within you, than that which is in the world.
Can you find any compassion within you towards someone who's thinks they need to lie for some reason?
Sing like no one's listening, dance like no one's watching, and love like you've never been hurt.
Maybe that's your challenge in all this, to keep your heart open.
Only then will you get an inkling of how boundless it is.

Answer 5

First off, did you get arrested? If you didn't and there are no charges or tickets, you have nothing to worry about. Second, if you did get arrested, you need to hire a lawyer. Even if you didn't do anything wrong, unless you are also a lawyer, you won't know your way around the court system well enough to have a good defense without a lawyer. If the police officer had a camera in his car running, it will be there. A good lawyer will know to look and to also look to see if the tape has been edited. The police have to prove that you were intoxicated and driving.

Answer 6

Cops can do that. If they have any suspicion on if your doing wrong they have the right to investigate. Something doesnt make sense...Sounded like the cop was bored..lol...I live in the country btw. Coming home one time I got pulled over for doing 63 in a 55mph zone and the cop clocked me when I was passing the car. Pulled me over and said I was speeding doing 63 and asked to search my vehicle. I didnt have nothing to hide so all he did was open my door and look in. Found out 2 days later there was a robbery in the area and they were looking for the suspect in the black truck. Thats why it was searched. No ticket just a cop doing his job. Yes maybe an inconvience sometimes but its their duty to investigate. Just be polite, makes the situation easier.

Answer 7

Unfortunately, when a cop says you've been drinking and you need to go before a judge, its your word against the cop's. My best advice is to NOT take the breathalyzer - sitting in the drunk tank is not fun, but its better than having said lying cop tampering with evidence. Also, keep a lawyer on retainer if you think this is something that is going to happen frequently. Have his phone number on speed dial, require a warrant to search your property and yourself, and give as little as possible. Remember, evidence can be planted. Tell them as little as possible, give them as little as possible (only insurance and driver's license info), and if he insists on searching you or your car, tell him you want a warrant.

Answer 8

First of all Never submit to an unreasonable search,if cop says exit your vehicle.lock the doors!!Did you immediatly stop talking when the cop came up?Nothing pisses a cop(or anyone)off as much as cell phone users who think the call is more important than a real person.Why where you on gravel sideroad at midnite,the cop was probably concerned for your safety!!

Answer 9

If you didnt get any tickets, which you didnt say, there is no reason for protection. He was being an asshole to try to get something on you, but if your innocent, last time I checked, it wasnt illegal to pull over and use your cell phone. Actually it seems like the safer alternative. So, let it be. Cops are cracking down nation wide to catch drunk drivers and I tend to think some of their methods are questionable.

Answer 10

The situation is stacked against you. Judges normally believe cops because they say they don't have a reason to lie. A really good attorney might exploit the sobriety test. They might drop the charges just to avoid the time and expense of a trial.
If you really want to fight this, it is going to cost a LOT of money! Good luck!