Argue your case before a judge.  Arguing with a cop is like arguing with a brick wall.  Except it has an ego and does not like to be shown to be wrong.

About the only arguing that should normally done is to say "no" when asked by an officer if you mind if they search an area and even then, think carefully.  As LW points out, they'll just use your "no" answer as probable cause for why they need to search even more.

Generally when thinking about arguing with a cop, you are best to remember your right to remain silent.  It normally works best considering the excellent points that Dr. Guy and LW both have raised above.

The other problem is that judges seem to think that cops are perfect and would never lie or do anything illegal. That was the issue on Ontario, Canada. The policy had a habit of tailgating people to goad them into doing something wrong. There were numerous complaints but the view was again that policy would never break the law like that or lie about it.

There was only one case where a police officer was reprimanded for tailgating and that was because it happened to be caught on video.

B]About the only arguing that should normally done is to say "no" when asked by an officer if you mind if they search an area and even then, think carefully. As LW points out, they'll just use your "no" answer as probable cause for why they need to search even more.[/B]

from my experience, the "no" when asked for permission to search will be followed by a call to the canine unit or the bluff of such if none is available. they can "detain" you there for a reasonable amount of time (i don't know what the exact time is offhand), and their attempts to trick you into granting permission will include the argument of having nothing to hide, then you would submit or if you have things to do, just let us have a look and you could be on your way. of course, it's all just manipulation to try to get you to relinquish your rights.

let them do what they have to do, but never submit to a search without a warrant. don't think "cops are idiots" and if you don't spell things out or they didn't eyewitness and videotape something in high definition then "they can't prove nuttin." if you are gonna make the choice to have something, don't put it in the arm rest or glovebox. cops are trained to be observant. don't try to ditch stuff in front of them. you are not the master of illusion you think you are. trying to hide stuff after the cops show up is too late.

but i wouldn't "argue" with a cop. a citizen can take an opposing viewpoint, and be as respectful as possible about it. one can be compliant within the law and not be submissive or give an officer totalitarian control where it is not legal or warranted.

do answer their questions if you are not under arrest and can. don't think you can "plead the 5th" or "no comment" or "i dunno" your way out necessarily. obstruction of justice is an easy way to get you in cuffs. but NEVER rat out your friends. (the latter is a personal philosophy)

if arrested, whenever possible, and i mean, really, whenever at all possible...exercize your right of silence. people's mouths get them in more trouble than anything else. esp. people who think they know the law.

also, exercize your right to counsel early and often. do not be intimidated out of it. cops cannot make deals with you, despite what they claim. only attorneys can. if you actually have something to offer, or do not wish to answer questions, ask for an attorney. if you have something they need and a re playing deal games with you, regardless of whether or not you would consider taking one, they will have at least an ADA involved early. do not fall for the tricks, delays and manipulation the cops will use in the time in between they finally acknowledge your asking for the lawyer, and the time you actually get one.



if arrested, your lack of will or patience might be the difference between your rights being protected and you willfully waiving them to be used against you later.

just some random thoughts...

Mostly, I agree, LW. However, it is my experience that if a cop has a "badass" attitude and searches your car, he'll FIND something to use against you. A baseball bat? deadly weapon. An alligator clip (sans resin)? parephernalia. If you consent to a search, absolutely everything that officer finds is admissable in court. Grandma left her Vicodin in the car last week when you took her to the doctors? Guess what, you're trafficking drugs!

Usually, when it comes to a traffic stop I have no problem with anything the officer requests. They're usually not going to ask to search your vehicle anyway because it means a hell of a lot of paperwork on their part, and even hardass cops get lazy when it comes to paperwork. But the larger point was/is that when we get to the point where we consider questioning authority to be unthinkable, shouldn't we begin questioning the very legitimacy of that authority?

In other words, my question's more a philosophical one than a practical one. In all honesty, if they want to sort through my Taco Bell bags, let 'em have their fun. It probably beats listening to their coworkers report their own inane searches over the police radio.

If you know your getting a ticket then there’s usually no problem with a little respectful defiance. Bottom line if a cop wants to ruin your day he can, and will most likely get away with it. I think it’s good advice if you don’t know your getting a ticket and they’ve pulled you over for something minor. Then there’s a good chance if you don’t piss him or her off you’ll just get a warning and be on your way. The job definitely attracts a certain rough personality. It’s the only job to have if you’re a jackass and are tired of people complaining about it.