A Guide to Police Practices

1. If you are approached by a police officer remember to be respectful and if the situation escalates simply tell the Officer you need to speak to your lawyer, Gregory Watt.

2. Realize that your appearance and attitude communicate a lot about the situation; be aware of this.

3. Do not place your hands in your jacket or pockets; officers will be concerned about a potential weapon.

4. Avoid making sudden movements. The officer may think you are trying to hide something or you are trying to reach for a weapon.

5. Remain calm. Fear and adrenaline are not going to help your situation. No one wants a simple encounter erupting into a violent one.

6. Remember – what you may think is “harassment” may be proper law enforcement procedure necessary to conduct an investigation.

7. If you are stopped, do as the officer tells you to do. This is not the time for you to take on the officer or attempt to challenge his or her authority. If you are frustrated remind the officer that you will be contacting your lawyer, Gregory Watt, and do nothing further to inflame anyone associated with law enforcement. We are happy to fight for you when the time comes. Let us challenge the evidence for you.

8. Traffic stops are one of the most dangerous situations for police officers, especially at night. Often officers call for help, so don’t be alarmed; this is a procedure designed to deter any threat to officer safety.

9. The field is the officer’s domain; the courtroom is your lawyer’s domain. Let The Watt Law Firm do the fighting for you in the appropriate place and at the appropriate time.

10. Keep the peace. Even if the officer is making it difficult, keep the peace.

1. Traffic violation(s). For example:

• Only one license plate on vehicle (you must have two (2), one in the front and one in the back, and they both must be properly displayed)

• Having a cracked windshield or some type of obstruction of view

• Not using your turn signal

• Speeding

• Not stopping for a stop sign or traffic light

2. When a police officer has Reasonable Suspicion to suspect criminal activity based on what officers have seen, witness information, information from police radio, other officers, or information from other sources.

3. When a police officer has Probable Cause to make an arrest because a crime has occurred.

4. Outstanding warrants. Be aware if you are on probation or parole. Officers can stop you whether you are in your car or on foot, to see what you are up to as a condition of your probation or parole.

You can remain and talk to the officer, or you are free to leave. This type of police encounter is legal, and usually involves a police officer asking questions such as your name, address, what you are doing or where you are going, and proof of identification. During the entire encounter, the officer must not prevent you from leaving or terminating the conversation because it is strictly voluntary on your part.

(You have the right to…) When do officers have to read you your Fifth Amendment rights? Your Fifth Amendment rights are also called “ Miranda Rights.” Many television shows give people the idea that the police have to read them their Miranda Rights any time they are contacted or arrested.

But in reality, police officers are not required to read you your Miranda Rights unless you are arrested for being involved in a crime AND you are going to be questioned about it. In other words: custodial interrogation is necessary to trigger the need for a Miranda warning! Police officers can ask you general questions such as your name, address, and birthday without reading your Miranda Rights. If and when you are read your Miranda Rights, the officer should say the following:

1. You have the right to remain silent.
2. Anything you say can be used against you in a court of law.
3. You have the right to talk to a lawyer and have him/her present with you while you are being questioned.
4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish.

If you are a juvenile the officer should also say:

1. I am a police officer, your adversary, and not your friend.
2. You have the right to have a parent, guardian, or custodian present during questioning.
3. Any statement you make can be used against you if you are certified for trial in adult court.

If you are stopped, you should know that it is not a crime to refuse to answer questions, but refusing to answer can make the police suspicious about you. Legally, you should not be arrested for refusing to identify yourself on the street; however, police officers are allowed to ask for personal information like your name, address, or date of birth.

If you are driving a car or you are in a place where liquor is served, you can be arrested for failing to identify yourself. When speaking to an officer, you should be careful, to tell the truth and not to mislead or lie to the police. Officers may “pat down” your clothing if they suspect you are concealing a weapon.

If this search is against your wishes, do not physically resist, but verbally tell the officer that you are not giving consent to the search. Ask if you are under arrest. If you are, then ask for the reason why. You have the right to know this. Do not “bad mouth” the police officer or run away, even if you believe what is happening is wrong. This could lead to your arrest. Do not challenge the officer at that time.

Remember, your criminal defense lawyer, Gregory Watt, is an expert at challenging evidence. Gregory Watt can challenge the evidence in court at the appropriate time and place to assist in getting your case resolved to your satisfaction.

Show your driver’s license, registration, and proof of insurance upon request. Your car can, in certain cases, be searched without a warrant as long as the police have probable cause, or as a condition of your probation or parole. You do not have to consent to a search of your car, and you should let the officers know this to protect yourself later. Do not resist the officer’s efforts. You can always argue your case later at the appropriate time and place. If you are given a citation; save the document! The Watt Law firm needs all the paperwork associated with your case. You don’t know what information may be dispositive when evaluated by a criminal defense specialist.

Gregory Watt’s most recent dismissal on an assault case came from a criminal complaint filed by an officer who noted on the citation that the defendant couldn’t sign because he was “incapable due to his medical condition.” This, of course, allowed Gregory Watt to argue a capacity defense and have the matter dismissed. Can the defendant really have assaulted someone when he didn’t even have the ability to sign his own name? The first clue came from the citation—so keep everything—it may evidentiary value!

Whether or not you are guilty, go with the officer. Then plan on calling The Watt Law Firm to assist you further. If you are a minor, the law requires that the arresting officer contact your parents. Under Miranda, you have the right to remain silent and to talk to a lawyer before you talk to the police. Use this opportunity to call, The Watt Law Firm.

You can respectfully tell the police that you wish to remain silent, but provide them with your name, date of birth, address, and other identifying information. After talking to your lawyer, you can assert your best defense in Court based on what you and your lawyer decide is best. It is within your right to request to see a lawyer at The Watt Law Firm, immediately.

Within three hours after you are arrested, or immediately after being booked, you have the right to make two free phone calls in the local dialing area:

(1) to a lawyer
(2) a bail bondsman
(3) a relative or friend.

The police may not listen to the call between you and your lawyer, Gregory Watt. Chances are that the police will dial whatever telephone numbers you give them.

Keep in mind that if you call your boyfriend or girlfriend, that is one of the two phone calls you a permitted to make. Use good judgment when deciding whom to call. Call The Watt Law Firm first and foremost: 913-433-3949.

If you are 17 or over, sometimes you can be released without bail, referred to as “own recognizance” or have your bail lowered. In most detention facilities, there are employees who can answer questions regarding your bail. Bail is determined by the severity of the crime and whether or not you are deemed a “flight risk.”

If you have been issued a driver’s license by the Department of Motor Vehicles (“DMV”), you must have that license with you any time you are driving a car. If you are stopped, and you don’t have your license with you, you may be given a ticket. If you have never been issued a driver’s license by the DMV, or it has been suspended, the crime is more serious because the State requires everyone who drives to have a valid driver’s license or permit.

If you don’t have either, and you are stopped while driving a car, you will be given a ticket, and because this is a misdemeanor offense, you can be arrested. Your car may also get towed which will be very expensive. Things may get more complicated if you are on probation. You will be required to go to court, so make sure you log your Court date and time in your phone as an easy reminder.

In most cases, police officers need a search warrant based on probable cause in order to search you, your house, or car. In a school, however, teachers or administrators do not need a search warrant if they have a special need to conduct a search, or suspect criminal activity. Searches can be done at schools based on “reasonable suspicion.” This means that if a teacher or school administrator suspects you are involved in a crime, you will be searched. Your backpack, locker, and car are all potential targets of the search, too. Remember, those items are either school property, or on school property, which means you have far less fourth amendment protection at your disposal.

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If you have recently been arrested and need criminal defense in Kansas City, MO. Call Gregory Watt at (913) 433-3849 for help today.