A recent traffic stop gone awry, resulting in the driver being subdued with a Taser gun, led The Altamont Enterprise to ask Melanie Trimble, director of the Capital Region Chapter of the New York Civil Liberties Union, about a motorist’s rights when stopped by police.

AE: “Let’s say you’re stopped for a traffic stop. And the police officer says, ‘So, where are you going?’ Do you have to answer that question? Or let’s say he pulls you out of the car, does a sobriety test, and then says, ‘Hm, why don’t I take a look in your car and see if you’ve got any drugs in there?’ Are you supposed to say, ‘Sure, please go ahead! And here’s my backpack, too!’”

MT: “No, here’s the deal with that. Usually we don’t encourage people to ever defy the police. So if they say to you, ‘We want to know where you’re going, and we want to see your ID,’ you have a choice as to whether or not you want to present them with your ID.”

(The NYCLU web site states: “In New York, you are not required to carry ID, and you don’t have to show ID to a police officer.”)

“Now, if they arrest you just because you didn’t present it, then those charges won’t stand in court. However, we don’t tell people that they ought to do that, because they may get arrested unnecessarily and still have to deal with the arrest. So that if you can’t afford an attorney, you’re going to have to plead to something, and you’re not guilty of anything.

“So we don’t encourage people to defy a police request, even though it’s not illegal to not provide them with your identification.”

AE: “But what do you mean? If you can’t afford a lawyer, isn’t one provided for you?”

MT: “Yes. However, New York State for many years has not fully funded the counties’ public defense systems, and so you’re not getting vigorous, zealous representation, when you can’t afford an attorney in a criminal matter. And so you may get stuck with having to plead guilty to something, simply because they will not take it to trial.

“So that’s why the reality of the whole system is that it’s stacked against people who are stopped and arrested for innocent behavior. You have to be very careful. We don’t encourage people to refuse to present their identification or be bombastic with police officers, because it may escalate the situation, and they may then have to deal with a criminal situation that they don’t have the resources to exonerate themselves for.”

AE: “How about searching your car?”

MT: “If a police officer wants to search your car, we tell people, ‘Don’t be obstructionist, but very clearly state that you do not agree to the search.’ However, if you try and prevent an officer from searching a vehicle that he is determined to search, you know, don’t get into an altercation with the police officer. Simply step back and continually say, several times, that you do not agree to the search.

“If the police officers search your vehicle without cause and without your permission, and they find something, they are not allowed to use that evidence in court. So if they find some pot in your car, or drugs, but they had no probable cause to enter your vehicle, and you did not give them permission, then they’re not supposed to be able to use it in court.

“However, the reality is that cops will often say that you gave permission when you didn’t. They will say they had probable cause—that they smelled pot, or they thought your eyes were dilated, or they saw a weapon, or whatever. So it’s not a good idea to obstruct the search. Just clearly state that you do not agree to it.”

(The NYCLU web site says, “If you are arrested, your car will be subject to a search.”)

AE: “Is your eyes being droopy probable cause for searching for drugs?”

MT: “Yeah, I believe that the courts have said that that gives you enough probable cause to search a vehicle or to go to heightened scrutiny of the individual.”