Confederation of ClubsSan Diego

Know your rights

Provided by the Law Offices of Richard M. Lester & Associates, aiding injured motorcyclists since 1983. Free consultation, toll free, 24 hours: 1-800-662-2453 (1-800-ON-A-BIKE).

Traffic stop form (PDF)

During any police encounter

  • Be polite and respectful. Never bad-mouth an officer.
  • Stay calm and in control of your words, body language and emotions.
  • Don't argue, run, touch the officer, or resist, even if you believe you are innocent.
  • Keep your hands where the police can see them.
  • Don't complain on the scene or say you will file a complaint.
  • Don't make any statements about the incident. Anything you say can be used against you.
  • Ask for a lawyer immediately if you are arrested.
  • Remember the officer's badge and patrol car numbers.

Afterward

  • Write down everything you remember as soon as possible.
  • Find witnesses and get their name, address and phone number.
  • If you are injured, get medical attention first, then photograph your injuries.
  • If your rights were violated, file a written complaint with the department's internal affairs division or civilian complaint board, and send a copy to the A.C.M.C.
  • Fill out the MMA traffic stop form and report the incident to us.

If you are stopped on your bike or in your car

  • Show your driver's license, registration and proof of insurance when asked.
  • Police can search a vehicle without a warrant if they have probable cause. Say clearly that you do not consent to a search. You can't lawfully be arrested for refusing consent.
  • If you get a ticket, sign it, or you can be arrested. You can fight it in court later.
  • If you are suspected of DUI and refuse a blood, urine or breath test, your license may be suspended.

If you are stopped for questioning

  • It is not a crime to refuse to answer questions, though it may make police suspicious. You can't be arrested just for refusing to identify yourself on the street.
  • Police may pat down your clothing if they suspect a concealed weapon. Don't physically resist, but make it clear you don't consent to any further search.
  • Ask if you are under arrest. If you are, you have a right to know why.

If you are arrested

  • You have the right to remain silent and to speak to a lawyer before you talk to police.
  • Give your name and address and nothing else. No explanations, excuses or stories.
  • If you can't pay for a lawyer, you have the right to a free one.
  • Within a reasonable time after booking you may make a local phone call to a lawyer, bail bondsman, relative or anyone else.
  • Don't make any decisions about your case until you have talked with a lawyer.

If police come to your home

  • You don't have to let them in unless they have a warrant signed by a judge. Ask to see it.
  • In emergencies, such as someone screaming for help or a chase, officers may enter without a warrant.
  • If you are arrested, police can search you and the area close by, usually the room you are in.

Concealed carry (CCW) update

Edward Peruta v. County of San Diego, No. 10-56971 (Ninth Circuit)