For those of you who don’t know, Ramiro Orozco is a former public defender, now private criminal defense lawyer down Mississippi way. He’s a tough guy, and a staunch defender. Remy, as he’s called, is no pushover and has never, to my knowledge, shied away from a fight.
That’s why Remy’s experience means so much. You see, Remy got pulled over by a cop and, despite everything he is and everything he knows, his reaction is quite telling.
That’s why Remy’s experience means so much. You see, Remy got pulled over by a cop and, despite everything he is and everything he knows, his reaction is quite telling.
Last night on my way home from the gym I was pulled over by local law enforcement’s finest. It was around 8:00 pm and I was sweaty and tired when I saw the blue lights in my rear view mirror. As I puled over, I began to feel my pulse rise and my hands get nervous. I thought to myself, “Why am I nervous and afraid? I haven’t done anything wrong!?
Anyone, lawyer or layman, who isn’t nervous and afraid likely is brain dead. You are about to enter a world where one side has all the power and the other none. One side has a weapon and the society’s seal of approval to use it. The other, at best, has platitudes that are only meaningful if there’s someone around who cares.
Remy’s stop turned south quickly, with the officer wasting little time playing the game.
Remy’s stop turned south quickly, with the officer wasting little time playing the game.
He asked me for my license and registration and I nervously asked if I could get it out of my bag in the back seat. He replied, “Sir if you like I can get it for you.” (Here was his first attempt to search my car) I said no it was ok and that I would get it. That is when his tone changed and he replied, “Is there something you are trying to hide?”
Once the officer has gone down that path, the die is cast.
I told him that I had nothing to hide but that I would get my wallet myself. He then ordered that I lower the back window, “for his safety”. When I cracked it open, he barked for me to lower it all the way. As I cracked the back window I watched as he stuck his head in my car looking into the back and at the floor board of the car. I nervously request that he please respect my privacy and keep his head out of my car.
He refused and told me that he had the right to protect himself and make sure that I was not reaching for a gun.
It’s all so tricky and muddled at this point. Certainly, Remy wouldn’t suggest that he doesn’t have a right to protect himself, even though Remy has given him no reason to fear for his safety. But then, protesting the officer’s actions is tantamount to inciting him, to challenging the officer, thus creating greater conflict and anxiety. Bad things come from greater conflict and anxiety.
As I stood there in the cold fighting off the onslaught of questions with confused yes and nos coming out of my mouth, I finally drew the courage to draw the line when he asked me if the tattoos on my arm were gang related? This was the last draw… I stopped took a deep breath and replied, “I am nervous because I am standing on the side of a highway because of a “traffic stop” have never been taken out of my car and interrogated because of it.”
No, this isn’t going to be used as an opportunity to suggest that tattoos are rarely a good idea, though they aren’t. It is, however, an opportunity to point out that most people could never have mustered the courage that Remy showed by drawing a line and refusing to cross it. Ordinary people have two reactions, just going with the flow while praying that it stops, or getting too angry to control, and doing something incredibly foolish. The ability to keep one’s cool while putting on the breaks is rare, even for a criminal defense lawyer whose life is dedicated to dealing with police officers and the law.
This is where I dropped the bomb on him and informed him that I was a attorney and that I was not allowing him to search because it was my Constitutional right and that by taking me out of my car he was in effect detaining me and that such detention was a violation of my Constitutional rights because he had no probable cause…
Dropped the bomb is precisely what happened, and when one drops the bomb, one can never be sure whether the explosion will get the enemy or you. Remy was pushed too far, however, and took the calculated risk.
Much of Remy’s experience is unfortunately typical. The sight of flashing lights behind you is intended to strike fear in the heart of the most law-abiding citizen, as is the uniform, the approach, the demeanor and everything else about a traffic stop. It’s part of a calculated scheme to make the citizen submissive, which is good for the police officer. Yes, it’s a safety measure, and one should never forget the First Rule of Policing: Make it home for dinner.
At the same time, nervousness is the normal human reaction to a traffic stop. I once asked a panel of prospective jurors to raise their hands if they didn’t feel nervous when they saw the lights of a police cruiser in the rearview mirror, striking for cause everyone whose hand wasn’t raised as a liar or incompetent to serve. Every person of normal or better intelligence is nervous.
This too inures to the officer’s benefit, as a nervous drive is an excuse to do pretty much anything. That judges buy into this is the inside joke of suppression, as if the person with nothing to hide isn’t nervous. Everyone is nervous. Everyone. Even Remy. Even me.
There is an inclination on the part of those who “have nothing to hide” to take the path of least resistance and let the officer search. The whole point of the question, do you have anything to hide, is a psychological button pushed to overcome the citizen’s free choice. No one, given the belief that he can assert his rights without repercussions, would allow a search. The point is that the question is designed to make one feel that there will most assuredly be repercussions from the assertion of rights, and they won’t be good.
Why fight if you’ve got nothing to hide? Aside from the fact that more people have something to hide than they realize, because we are not the captives of law enforcement. We are endowed with certain inalienable rights, and we either assert them or lose them. Of course, this is easier to write on this blawg than assert on a dark road when it’s only you and the cop present.
Finally, all worked out for Remy, to the point where the officer apologized for his excesses and chose not to beat Remy to a bloody pulp. While this is great for Remy, it’s applicability to you is suspect. You may not be able to honestly say you’re a lawyer. You may not be able to react with sufficient restraint to avoid infuriating the officer. You may not get an apology.
Thankfully, Remy survived his experience intact. The same can’t be said for everyone. Be careful out there.
H/T Bobby Frederick at the South Caccalacca Criminal Defense Blog.
I no longer needed a light to see because his face first turned beet red and then pale white. This looming giant with a gun, bright lights and a badge seemed to literally shrink before my eyes. I have never been apologized to so many times in my life. He apologized for almost everything but my being fat!It worked. But this is critically important: Just because it worked this time doesn’t mean it will work next time, or for you, or for anyone else. The other option for the officer was to pull his taser and fire, or perhaps put Remy on the ground for his assaultive conduct, or any number of other aggressive used of force that could have harmed, perhaps permanently, Remy just to teach him a lesson. After all, there were only two people present to explain what just happened, and Remy was only one of them.
Much of Remy’s experience is unfortunately typical. The sight of flashing lights behind you is intended to strike fear in the heart of the most law-abiding citizen, as is the uniform, the approach, the demeanor and everything else about a traffic stop. It’s part of a calculated scheme to make the citizen submissive, which is good for the police officer. Yes, it’s a safety measure, and one should never forget the First Rule of Policing: Make it home for dinner.
At the same time, nervousness is the normal human reaction to a traffic stop. I once asked a panel of prospective jurors to raise their hands if they didn’t feel nervous when they saw the lights of a police cruiser in the rearview mirror, striking for cause everyone whose hand wasn’t raised as a liar or incompetent to serve. Every person of normal or better intelligence is nervous.
This too inures to the officer’s benefit, as a nervous drive is an excuse to do pretty much anything. That judges buy into this is the inside joke of suppression, as if the person with nothing to hide isn’t nervous. Everyone is nervous. Everyone. Even Remy. Even me.
There is an inclination on the part of those who “have nothing to hide” to take the path of least resistance and let the officer search. The whole point of the question, do you have anything to hide, is a psychological button pushed to overcome the citizen’s free choice. No one, given the belief that he can assert his rights without repercussions, would allow a search. The point is that the question is designed to make one feel that there will most assuredly be repercussions from the assertion of rights, and they won’t be good.
Why fight if you’ve got nothing to hide? Aside from the fact that more people have something to hide than they realize, because we are not the captives of law enforcement. We are endowed with certain inalienable rights, and we either assert them or lose them. Of course, this is easier to write on this blawg than assert on a dark road when it’s only you and the cop present.
Finally, all worked out for Remy, to the point where the officer apologized for his excesses and chose not to beat Remy to a bloody pulp. While this is great for Remy, it’s applicability to you is suspect. You may not be able to honestly say you’re a lawyer. You may not be able to react with sufficient restraint to avoid infuriating the officer. You may not get an apology.
Thankfully, Remy survived his experience intact. The same can’t be said for everyone. Be careful out there.
H/T Bobby Frederick at the South Caccalacca Criminal Defense Blog.
Discover more from Simple Justice
Subscribe to get the latest posts sent to your email.
Great post, as usual. Someone, somewhere, ought to post this every day, before there’s no longer any reason to!
I second that. I’ve printed & linked it.
I just hope none of you attempt to pull the lawyer card out when dealing with the Houston Police or Harris County Sheriff’s Dept. Aka: Harris County Sheriff’s Office. The H.C. motto “shoot first and then yell freeze” isn’t a joke, it’s a frigin motto. Believe it or not, the Maranda Warning sounds alot like a microwave with a fork in it.
And Packratt at InjusticeEverywhere.com had a photo of an attorney with a black eye and bruises that backs up SHG’s warning. Thanks.
He doesn’t speak of his tone which probably stayed level and unchallenging except for asserting his views of the law. The officer also doesn’t seem to bait him into an interference with the officer to prevent the search or non-compliance. Being nervous and unfamiliar with such encounters the citizen can be manipulated in to tumultuous behavior prompting the officer taking action “for his safety”. Of course, once your tumultuous, your taken into custody, a search is conducted. Perhaps you go to jail or perhaps you thank them for letting you go, either way they’ve got their search.
The thing to remember if you have the courage to assert your rights, you don’t want to try to enforce them until you make it before a judge. Best you can hope for on the side of the road is a credible story that you did not agree to the search.
Yes, this is VERY well written and expressed. I’ve linked to this post, as well.
[Ed. Note: Thanks, but comments are to this post, not to stories other than this post. And no links allowed in comments.]
Scott,
Thank you for the brilliant analysis of my post and for pointing out the pitfalls in what I did. You are absolutely correct!!! What I did was done by a professional (who was scared and nervous) and should not be tried at home.
This was truly a humbling learning experience for me. I now have a personal understanding of what my clients go through and how they get cornered into allowing a search.
I was just happy you made it out the other side safely. No law degree will protect you from an irate cop with a taser.