Attorney Marc Victor- What to do when pulled over by the police

Attorney Marc J. Victor talks to a small group of people about what to do when you get pulled over by the police at Chester’s Harley Davidson in Mesa Arizona.

My Speech at Libertopia

Attorney Tells Students How to Deal With Police

http://www.attorneyforfreedom.com/index.cfm/g/chandl er-personal-injury-dui-lawyer-news/f/attorney-tells-students-how-to-deal-with-police.htm

When it comes to rights, Marc Victor has the answers. The defense attorney spoke to students Tuesday evening on the Tempe campus, informing them of their rights when dealing with police officers.
The event, a collaboration between ASU Students for Liberty and the ASU chapter of the National Organization for the Reform of Marijuana Laws, took place in the Education Lecture Hall.
Victor said that police officers can take advantage of people’s lack of knowledge of the law. Being aware of your basic rights can be the difference between a conviction and an acquittal, he said.
“It’s always good to be educated, so you know what your rights are,” Victor said.
Philosophy sophomore Joshua Horn, director of Students for Liberty, said students have a habit of getting arrested frequently.

“Students — young people in general — have a way of performing activities that can be considered ‘high risk’ from a legal standpoint,” Horn said.
He said it is important for young people to know their constitutional rights and what they do and do not have to surrender to the police in certain situations.
Finance senior Alex Falkenstein, west coast director of Students for Liberty, said many students are testing their boundaries with their first tastes of freedom.
“Students, especially college age, they’re embracing adult responsibilities for the first time,” Falkenstein said. “They need to be respected just like any other kind of adult when dealing with the police.”
Victor said people should know that they are not required to talk to the police, nor are they required to consent to a search.

“The officer is always going to ask. They want to search everything, all the time,” Victor told the students. “It’s never going to happen where they say ‘Can I search?’ and you say ‘Yeah, you can search,’ then he goes ‘Well, he doesn’t have anything to hide, I’m not going to search.’ It doesn’t happen.”
Victor said he could be accurately described as a radical, pro-freedom Libertarian “with a small ‘L,’” and has defended clients in criminal cases since 1994.

“I very strongly believe that people are self-owning,” Victor said. “Everything I believe sort of politically or philosophically would line up with that.”

Victor wrote an article titled “Legalize Methamphetamine!” which he admitted was intended to shock people, but argues the case for many illegal drugs.

“I very strongly support the rights of other people to use, or abuse, their own body in anyway they see fit,” Victor said.

Dad appalled by son's death at hands of police

http://www.azcentral.com/news/articles/2011/08/04/20110804homeless-death-dad-appalled-polic e0804.html 

These can be difficult cases.  The initial reaction to a story like this one is outrage.  However, as always, there are at least two sides to every story.  It may be true that this story involves overly aggressive police officers who should be removed from their jobs.  However, there also may be a justification for the violence used by the police.  We don’t have all the facts.  This is exactly why we strive to have orderly court proceedings with clear rules of evidence and unbiased fact finders.  I always urge people to avoid broad brushing police officers as well as all other groups.  There are many good police officers and many bad police officers.  As the facts are revealed, we will get to learn the truth about what happened and judge it accordingly.  The public has a right to know exactly what happened and to call for changes if necessary.

 

Don't be your Own Worst Enemy!

I cringe to think how many times clients come into my office to discuss their criminal matter with me only to learn they have done possibly irreparable damage to their case. I have found few people who are aware of their constitutional rights.

Your awareness of some simple concepts may serve you well in the event you or a loved one is the unfortunate subject of a criminal investigation. First of all, always remember, you are not required to talk to the police. There may be occasions where your persuasive oral skills will serve to get you a stern warning instead of a costly ticket; however, talking with the police will rarely benefit you when the investigation is for a crime.

In addition, talking to friends and family about your criminal matter is usually not a good idea either. Although you do not expect a friend or family member to compromise your case, you may put him or her in an unfair position. A prosecutor may summon your family member or friend to the witness stand in a criminal trial and ask questions about your statements. Such a dilemma will force your family member or friend to decide between perjury and possibly hurting your case.

Don't get caught up by the fact that the police officer failed to inform you of your "Miranda Rights." These are your rights to remain silent and to have an attorney present during questioning. So long as you are not under "arrest" the police officer may properly ask you questions without informing you of these rights.
You are never required to consent to a search. If a police officer has a search warrant, you must permit the search. However, if a search warrant has not yet been obtained, you should insist the officer obtain one before you voluntarily allow a search. The fact that you insist upon a search warrant does not mean you have something to hide. Rather, it is a confirmation of the constitutional concept that police do not have the right to arbitrarily conduct searches of your property.

A police officer has no right to detain you unless there exists reasonable suspicion that you committed a crime or traffic violation. However, a police officer is always allowed to initiate a voluntary conversation with you. Sometimes it is unclear whether or not a person is detained. If you are in doubt, you should ask the police officer if you are in fact free to leave.

If you are arrested, Arizona law mandates that you will be brought before a judge within twenty-four hours. This is an important hearing for you. The judge will decide what conditions, if any, must be met before you can be released from jail. You have a right to retain an attorney for this hearing to argue for your release. Regarding the crime of driving under the influence of alcohol, the best advice is to have a designated driver. However, if you are the subject of a DUI investigation, you must be especially careful and thoughtful about what you say and do. In Arizona, a conviction for DUI guarantees a jail term.

Arizona law does not require you to submit to roadside field sobriety tests. Although these tests may assist you to convince an officer you are not intoxicated, as a general rule, refusing to take the tests is the better choice. Keep in mind, it is the police officer who subjectively decides whether you passed or failed the tests. Deciding whether to submit to a blood, breath or urine test is a different matter altogether. If you refuse one of these tests, you will likely lose your driver's license for one year. You should consult an attorney before deciding to refuse or submit to one of these tests.

DUI is a complex area of the criminal law. However, like other criminal charges, the decisions you make during your initial contact with a police officer can be the difference between conviction and acquittal.

Surviving a Traffic Stop

 * The laws have changed since this article was written, I will be updating this article very soon.


Being pulled over by a police officer can be a stressful experience. Although life is full of such experiences, unlike many other stressful experiences, a traffic stop has the potential to end in a loss of money, liberty or even life. No two traffic stops are entirely identical. Therefore, the advisable course of conduct will vary depending on the situation. However, there are some general rules which can be helpful in many situations.
The best piece of advice one can offer is to avoid being pulled over in the first place. A traffic stop offers nothing to be gained. The best case scenario for the driver is to leave as if the stop never occurred losing only some time.

On the other hand, the downside can be disastrous. Vehicle equipment violations such as expired tags or an unlit taillight equate to a neon sign on your car inviting a police officer to pull you over. Remember, a police officer can legally justify a traffic stop based on an equipment violation even if the police officer subjectively intended to investigate some unrelated issue. Moving violations such as speeding or failing to use turn signals also serve to legally justify a traffic stop. Avoid giving the police a free pass to pull you over.
Notwithstanding your best efforts, you may nonetheless find yourself being pulled over by the police. Needless to say, do not attempt to flee as this will earn you a felony charge as well as a very excited and unfriendly police officer at the end of the chase. Your main goal should be to survive the traffic stop with your life and liberty intact.

A traffic stop is a terrible time to be testing out new legal theories or arguing about constitutional law. You can resolve any disputes with the police officer in court at a later date.

The law is well settled that a police officer can order both the driver and any passengers out of the vehicle at a traffic stop. However, do not exit the vehicle until the police officer orders you to do so. If you are fortunate enough to have a passenger at your traffic stop, you should ask the passenger to carefully observe all events. Your passenger may be an important witness if events during the traffic stop deteriorate.

Although there are many different varieties of police officers, you should expect a police officer who is nervous and possibly excited. Do not give the police officer reasons to be suspicious. Do not engage in any quick or covert movements. You should place both of your hands in plain view on the steering wheel.
If there ever exists a good time to socialize with a police officer, a traffic stop is not one of them. You should attempt to end the traffic stop as quickly as possible. You have no constitutional right to a friendly or courteous police officer. Do not demand to know the reason for the traffic stop. Remain calm, polite and respectful at all times even if you have to fake it. You should immediately produce your license, vehicle registration and auto insurance upon request. Plan ahead by storing these items in an easily accessible place so you are not fumbling around trying to find them in front of the police officer. Such conduct is often interpreted as alcohol or drug impairment.

Use your common sense. You should quickly assess the police officer. There are some excellent public servant type police officers who I often refer to as "peace officers". On the other hand, there are those who revel in the overwhelming amount of power afforded to police officers who I refer to as "law enforcement officers." You must use extraordinary caution when dealing with the law enforcement officer as things can escalate very quickly.

Most police officers are honest; some are not. Unless you personally know the police officer, you should not assume you are interacting with an honest person. Because we live in a time when mere possession can be a serious crime, a dishonest police officer can rather easily cause an innocent person to be charged with serious felony offenses.

Constitutional rights exist, at least in theory, to protect the innocent. Do not give your rights away. If this is not obvious to you by now, please see my article entitled, "Don't Be Your Own Worst Enemy". I always advise against consenting to any search or talking to a police officer. During a traffic stop, you should communicate your refusals especially politely. Always keep your main goal in mind at a traffic stop.
If you simply cannot resist the urge to talk to a police officer, I suggest you read the back of my business card. This is a good way to document exactly what you said to the police officer. Do not simply hand the card to the officer. Remember, nobody can invoke your rights but you.

As a general rule, you should not volunteer information or answer any questions about having a weapon. Said another way, do not open a potential can of worms. However, if the police officer is about to discover the presence of a weapon, you should inform the police officer about all details of the weapon so as to avoid an accident. Also, if you have a concealed weapons permit, you must produce the permit upon the officer's request.

If you are asked to sign an affidavit of service, sign it. Failure to sign an affidavit of service will likely result in an unnecessary arrest. In such a case, the officer had discretion to arrest you, but decided against it. You cannot waive your right to trial at a traffic stop. Even if you disagree with the charge, being arrested for failure to sign an affidavit of service will not strengthen your case.

If you are arrested, do not resist. Resisting even an unlawful arrest can earn you a felony charge. Expect a search of your vehicle and your person upon arrest. You should request to call an attorney immediately. If you are given a choice, do not opt to have your vehicle towed. You should expect to see a judge within twenty four hours, and you should try to arrange for an attorney at that hearing.

Traffic stops are not pleasant. However, handled with the right amount of tact, many traffic stops will result in nothing more than a waste of your time. Even for the more significant traffic stops, fighting it out in court is always a better choice than haggling with a police officer who has the power, and maybe the inclination, to arrest you.