A Former District Attorney Now Fighting For Your Rights


When you are pulled over by the city or state police, both you and the officer are instantly thrust into an uncomfortable situation. The officer’s duty is to make sure that you are following all local and state laws, but the officer reserves the right to take more drastic measures if he or she suspects any unethical conduct. Because of this, it can be a challenge to not feel intimidated when dealing with police. Knowing your rights, your responsibilities, and the best tactics for speaking with police officers will allow you to remain calm, show compliance, and return to your drive as easily as possible.


Throughout my career in Buffalo, I have met with many different clients. Some of them had good dealings with police, and some of them maybe did not act appropriately when they were dealing with police. I am often asked how should I deal with a police officer? The first thing that I tell people is the way that you deal with a police officer may ultimately help resolve the case either in your favor or not in your favor later on in court. You are not going to win a battle at the roadside or at the scene of a crime with a police officer. The important thing to remember when dealing with police is to be courteous to them and indicate that you will hire an attorney later on and deal with the situation in court.


I am often asked by clients about hypothetical situations that could potentially occur in the future. They’re wondering whether if they stopped they have to allow the police to search their car. The police have to have a reason to search your car. The four ways the police can search your car are first if they have probable cause to search your car due to a factor such as the smell of marijuana coming from inside your car. The second is if you give them consent. The third way is a search incident to arrest, which means if you are arrested, your car can be searched as part of an impounding procedure. If those circumstances do not exist and they just ask you to search your car, you can tell them no, you will not allow them to search your car. That would not be convenient for you at this time.


I was having dinner the other night with a friend in the city of Buffalo. He was asking me what he should do if, God forbid, he was ever pulled over for a DWI. I told him it’s important to be calm and cooperative with the officer. I have seen much better results for individuals that were calm and cooperative versus those that were argumentative and combative with the officers. You are not going to win an argument on the roadside with an officer about whether or not you should be arrested and whether or not you should be ticketed. However, the important thing to remember is that you can hire an attorney and give you a chance to fight that charge in court at a later time.

If you have questions about dealing with police when pulled over, please contact our office for a free consultation. Let our experience work for you.