Common Deceptive Statements Made by Law Enforcement

There are very strict guidelines and burdens of proof put in place during the course of a traffic stop that law enforcement officers must comply with.  These restrictions are necessary to protect drivers from unwarranted search and seizure, a right guaranteed by the Fourth Amendment of the American Constitution.  Cops must have probable cause to pull you over, or reasonable suspicion to search your vehicle and person.  Lacking cause, some wayward cops have been known to fabricate a reason to execute a search when they have unconfirmed suspicions.

1)   Fabricating a traffic infraction.  A police officer can’t just pull you over for looking sketchy.  They need to have probable cause to pull you over, usually after having directly observed you commit a crime or infraction.  The easiest way for an officer to feign probable cause is to claim to have seen you do something illegal, whether or not that is the case.  Rolling through a stop sign or light, driving over the center line and speeding are all common reasons an officer might pull you over.

2)   Claiming to “smell alcohol on your breath.”  Such an observation is completely subjective and impossible to prove or disprove.  Whether the statement is true, true but influenced by exigent circumstances (you have used mouthwash containing alcohol) or patently false, it can be used to justify searching your vehicle and your person.

3)   Claiming the driver consented to the search.  At any point, an officer may request and a citizen may consent to a search of their person or property.  By the same token, citizens also have the right to refuse any requested search.  Lacking probable cause and owner consent, the officer cannot legally search the vehicle.  Some do anyways, and falsely claim to have obtained the consent of the driver.

4)   “I smelled the marijuana when I got behind you guys.”  Like “I smell alcohol on your breath,” “I smelled marijuana” is a subjective observation that, in court, pits your word against the police officers.  How can you protect yourself against such a claim?  In the next installment, we will explore ways to protect yourself from false claims made by police officers.