Police Stops

Police stops can lead to an arrest, criminal charges, and other penalties. Knowing what to do during police stops can make the difference between going free and facing arrest and criminal charges.

tips on safely interacting with police during stops

Knowing your duties, rights, and law enforcement objectives can help you safely navigate an encounter with law enforcement. Below is a brief discussion of things to consider if the police stop you.

step 1: know your dutiespolice

police

Identify Yourself

You must identify yourself if police have probable cause to believe you committed a crime, have a warrant for your arrest, or are in violation of probation or parole.

Provide Your Driver’s License

You must provide your driver’s license if you are pulled over while driving.

Probation or Parole

You must admit that you are on probation or parole if doing so is a condition of your probation or parole.

step 2: know your rights

police

Remain Silent (5th Amendment)

Except for the duties above, you are not required to respond to questions.

Refuse Search (4th Amendment)

You do not have to allow police to search you, your possessions, or your vehicle, unless submitting to search is a condition of probation or parole.

Ask if You are Free to Leave (4th Amendment)

If you are not free to leave, law enforcement must have a reason for detaining you.

step 3: know the police

police

Authority

Authority figures do not like signs of disrespect, such as being ignored, or rude, impolite, or offensive behavior.

Crime-fighting

The modern policing focuses on crime-fighting. If police believe you are obstructing or delaying them from this objective, the could arrest you or use force against you.

Armed

Consider that most police are armed and some carry fully automatic assault weapons.

Immunity

Officers are immune to most civil lawsuit and rarely face criminal prosecution or internal discipline. Therefore, police have few if any consequences for harming you or violating your rights.

What to Say During Police Stops?

  1. I respect law enforcement and the job you do.
  2. However, I am not going to consent to a search of myself, my property, or my vehicle.
  3. I will not resist you, but I will not consent to my detention, search, or seizure.
  4. Nor will I answer any questions without my lawyer present.
  5. With that being said, am I free to leave?

What Can I Do if Police Violated My Rights?

If you can prove police misconduct, the judge could dismiss your criminal case. You could also sue the law enforcement for violating your established constitutional rights.


Avoiding Isla Vista Police

A great strategy for avoiding legal trouble in college is to avoid police encounters. The key to avoiding Isla Vista police encounters is knowing about the police: who they are, where they are, when they patrol, and what they are looking for.

Who they are

The Isla Vista Foot Patrol patrols Isla Vista. The Isla Vista Foot Patrol is made up of the UCSB Police Department and the Santa Barbara County Sheriff. The Santa Barbara County Sheriff also independently patrols Isla Vista because it is in the County of Santa Barbara.

Where they are

According to the UCSB Police Department Daily Crime Log, a large number of police encounters occur between the 6500 and 6700 blocks of Del Playa Drive. A large number of encounters also occur around the same blocks on Trigo Road and Sabado Tarde Road. The odds of avoiding Isla Vista police increases greatly if you avoid these specific areas.

When they patrol

The Santa Barbara Sheriff patrols Isla Vista at all times of the day and night. However, the majority of police encounters listed on the Daily Crime Log occur between 10pm and 1am.

Isla Vista law enforcement has an especially strong presence at certain times of the year. One example of this is the weeks before and after Halloween.

What are they looking for

Many students will inevitably end up around the 6500 to 6700 blocks of Del Playa Drive, Trigo Road, or Sabado Tarde Road between 10pm and 1am. It is not a crime to be in these areas and this is usually where students gather to party and socialize in Isla Vista. Halloween, Deltopia, and other celebrations draw large crowds of students to these areas.

The main things law enforcement looks for are possession of drugs or alcohol, alcohol intoxication, and violent or aggressive conduct. They also look for theft, noise violations, and driving under the influence. Although law enforcement focuses on these behaviors, they will act to arrest any person if they have probable cause to believe that person committed a crime. Other common Isla Vista offenses include furnishing alcohol to minors, drug possession and sale, rape and sexual assault, and burglary.

For students who decide to attend gatherings at the above places and times, avoiding certain behaviors is crucial to avoiding Isla Vista police:

1. Do not openly carry alcohol in public.

Even if you are over 21, you are inviting a police encounter by openly carrying alcohol in public. This is true even if the container you are carrying is not an alcohol container. Holding red cup or water bottle is probably still suspicious enough to warrant a police encounter. If you do carry alcohol containers like alcohol or beer bottles it is best to keep them concealed inside a bag, purse, backpack, or other container.

2. Do not consent to a search of your private items.

If police stop you and ask you to look inside your bag, purse, backpack, etc., politely tell them that you do no consent to a search of your personal private property. If they demand to search your property, you should not resist. Instead, continue to state that you do not consent.

3. Do not be alone and intoxicated.

If you are under the influence of alcohol or drugs, do not wander alone. This gives police reason to believe you will be unable to care for yourself, which is grounds for arrest. Make sure you are with a group of friends that you trust, and who will not leave you behind.

4. Do not antagonize or offend the police.

Police expect to be treated with respect. Think of your first grade teacher. If you were to show them open hostility or disrespect, you would be headed straight to the principal’s office. If you are hostile or disrespectful to the police, you are likely to be headed straight to jail.

5. Do not go into houses if you are not invited.

There are many open parties in Isla Vista. However, it is always a good idea to stick to attending parties where you at least know a friend of a friend. This will reduce the likelihood of a fight or accusations of theft. It is also less likely that the police will show up to a party that is closed to friends, as opposed to open to anyone.

6. Avoid sex while intoxicated.

It is great to meet people at parties and social gatherings. However, having sex with someone who is intoxicated can result serious charges, including rape and sexual assault. The best practice is to use a party or gathering to meet people, and then consider having sex once you have gotten to know each other better.

Want to learn more about avoiding Isla Vista police? Contact RBX Law. We provide free consultations and lectures on police encounters.