Washington State Vehicle Search and Arrest Guidelines | Free Glovebox Guide
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Washington Traffic Defense
Scott Leist, JD
PO Box 1856,
Issaquah, WA 98027
206-219-5557
 

Page 3
Washington State Traffic and DUI Stop Guidelines

 
 

Page 1 Traffic Stops
Page 2 DUI Stops and Roadblocks
Page 3 Searches and Arrests
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The time to review these guidelines is not during a traffic stop. Become familiar with them before you are pulled over so that when it counts, you don’t have to think about what to do.

Vehicle Search and
Arrest Guidelines

What if the officer asks
to search my vehicle?

POLITELY REFUSE. An officer cannot generally search your vehicle unless (i) he/she has a search warrant or (ii) you consent. Do not hand the officer your keys or unlock doors or compartments (like the glove box) for the officer because it indicates consent. Officers only request permission to search your vehicle in order to look for weapons, illegal drugs or evidence of drinking, all things that could land you in jail. Politely state that your attorney has advised you not to consent to police searches.

What if the officer threatens to get a warrant or call for a drug sniffing dog?

Again, REFUSE TO CONSENT TO THE SEARCH. If the officer has enough evidence to obtain a warrant, let him or her. More likely, the officer is just trying to bully you into consenting to the search.

What if the officer wants to search me?

DO NOT CONSENT. Do not open your jacket or pull out your pockets as these action may imply you have given consent to be searched. If you have not been arrested, the officer might have “reasonable suspicion” to conduct a brief pat-down of your outer clothing to make sure you do not have a weapon. Following the advice in this Guide is the best way to avoid this type of search and gives you the best chance to challenge it in court. If you are searched, however, DO NOT RESIST. Ask the officer why he or she is searching you and comply. If the police search you unjustifiably, you can challenge that search in court. Do not challenge that search on the street.

What should I do if I am arrested?

• Remain cooperative and polite.
• Do not resist, struggle or argue with the officers.
• Politely refuse to answer any questions police officers ask and do not engage in ‘polite conversation’ with them at anytime.
• Do not speak to ANYONE about your case (police, friends, relatives, cell mates or staff) until you have met with your attorney (you never know who is listening).
• Contact Scott Leist at (206) 219-5557 ASAP.
• Request a hearing to determine bail at the earliest possible time.

What happens to my vehicle?

Unless the police allow a passenger to drive your car, it will be searched, towed and impounded. If you were arrested after a traffic stop where you were driving, the police can search you and your car.

What if the police never
read me my rights?

The police don’t read Miranda rights to everyone they arrest. Charges against you will not be dismissed because you were not read your rights. If the police question you without reading you your rights, your answers to police questions might not be admissible in court, but the arrest will still be valid. DO NOT ANSWER ANY POLICE QUESTIONS UNTIL YOU HAVE SPOKEN WITH AN ATTORNEY.

What Should I Do Now?

Find yourself a good attorney to handle your DUI. There is simply too much at risk to handle the situation yourself. Call Scott Leist at (206) 219-5557, DAY OR NIGHT and I will arrange for a FREE consultation about your DUI or traffic ticket case. On my website,, www.washingtontrafficdefense.com, I have additional information to help you understand the charges against you, the potential outcomes and how you can fight the charges and protect your rights.

DO NOT WAIT. In Washington State, you have only 20 DAYS AFTER A DUI ARREST to challenge your driver’s license suspension or revocation.

If your license has been revoked, Washington Traffic Defense can help you get a provisional license that will allow you to work and take care of your family. Washington Traffic Defense and Scott Leist are devoted to helping you stay on the road, keeping your record clean and protecting your rights.

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Washington Traffic Defense serves MOST ALL COUNTIES and CITIES in Washington including:
KING COUNTY: SeattleBellevueMercer IslandRedmondIssaquahShorelineBurienFederal WayKent
BothellClyde HillSammamishAuburn PIERCE COUNTY: TacomaGig HarborLakewood Puyallup
SNOHOMISH COUNTY:
EverettEdmondsMarysvilleLynnwood

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All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.