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Louisiana
Searches & Arrests

What if the officer "asks"
to search my vehicle?
Do not consent to anyone searching your vehicle! Do not hand the officer your keys or unlock or open doors for the officer, as this will imply permission. Generally speaking, when an officer requests permission to search your vehicle, he looks for weapons, illegal drugs or evidence of drinking, all things that could put you in jail if any of them are found. Politely state that you not to consent to the search.

What if the officer threatens to call for
a search warrant or drug sniffing dogs?
Refuse to consent to the search. In the end the police are going to do whatever they want to do anyhow, and are going to threaten you with this, that and the other all along the way. All you can do is say "NO", so say "NO" and see whether your Rights will be respected or not.

What if the officer wants to search YOU?
Do not consent to police searching your person! Do not open your jacket or pull out your pockets as these actions may imply you consent to be searched. A "Pat Down" (frisk) of an individual to make sure no weapons are present (for the safety of the officer) is not a search. ‘Reasonable suspicion’ is the standard for officers justifying a Pat Down and police are always suspicious, reasonably or not. Following these guides for conduct during a traffic stop is the prudent way to avoid this type of scrutiny and preserves your rights to challenge police conduct and exhibits offered into evidence at court.

What do you do if you’re arrested?
Remain cooperative and polite with the officer(s). Do not resist, struggle or argue with the officers and keep in mind that the entire encounter is probably being video taped. Refuse to answer all questions the officer(s) ask and do not engage in ‘polite conversation’ with them at anytime.

Do not speak to ANYONE about your case including police, friends, relatives, cell mates or staff; you do not know who else is listening.

Contact an attorney ASAP, either directly, through a relative, friend or acquaintance, in that order. Request a hearing to determine bail at the earliest possible time if the bail is not already "preset" for your charge. The three ways out of jail are: have a Judge call in a release, put up the bail to the jail, or buy a bond from the Bail Bondsman near the jail. An attorney will be best able to advise the people (family/friend) assisting you to be released during the time of your custody.

What happens to your vehicle?
Unless the police allow a passenger to take possession of your vehicle, it will be searched, towed and impounded. During a legitimate arrest, the police are allowed to search your person and your vehicle, whether you have consented or not.

What if I’m not read my (Miranda) rights?
Charges against you will not be dismissed because you were not read your rights. In some cases a judge (not the police or prosecutor) will refuse to admit evidence against you that was obtained without notifying you of your rights.

The best course of action is to not answer any police questions or engage in communication about your arrest with anyone except with your attorney. During the process of being arrested, processed and jailed there are opportunities for adverse evidence to be gathered unbeknownst to you at the time.

What do I do now?
Find yourself an attorney you TRUST to handle your DWI criminal case. You will not be permitted to represent yourself in most courts. Paul Massa, Attorney at Law can be reached at (504) 975-6606 to consult regarding your DWI, Driver's License Reinstatement or Traffic Ticket matter.

On my website www.ATrafficTicket.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 Louisiana you have 15 days to request an administrative hearing regarding the automatic suspension of your driver's license unless you take steps to protect it. Attorney Paul Massa and TixNix.com can help you stay on the road, keep your record clean and protect your right.

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