Public Defender gives advice for handling a traffic stop
NORTHEAST MISSISSIPPI (WCBI) – We’ve seen across the nation how traffic stops can escalate quickly.
Understanding your rights and responsibilities can help prevent that escalation.
Donna Smith is an attorney and public defender in Lowndes County.
“You have the right to remain silent, that’s the first one, the most important one. If you’re going to remain silent, you should announce to the cop, ‘I am not going to speak, I choose to remain silent.’ You have the right not to consent to search. However, if they have reasonable suspicion that you have committed a crime, they can still search your car,” said Smith.
Police can only search your car without consent under limited circumstances, such as smelling marijuana from your vehicle.
You also have the right to ask why they pulled you over.
“The thing that I see most is officers telling people they can not record. (In) Mississippi, you can record, but you can not obstruct or interfere with an officer’s duty,” said Smith.
Smith recommends not arguing with the police to minimize escalation.
Monroe County Sheriff Kevin Crook said his deputies are trained to handle traffic stops.
“One thing that we just continue to stress here at our department is continue education, continue training. The more trained you are, the less apt you are to hurt somebody or hurt yourself or get hurt in a situation,” said Sheriff Crook.
All law enforcement goes through basic training before being sent out on the field.
Traffic stops are a part of the curriculum.
Sheriff Crook holds mandatory training sessions twice a year to refresh his deputies’ memory and keep them on their toes.
“Defensive tactics classes are used to train officers to defend themselves from any kind of attack. (It) also teaches you how to control subjects that are passively resisting, or maybe even actively resisting, not trying to fight you but flee from you,” said Crook.
Crook said some individuals passively resist arrest by holding firmly to the steering wheel.
The deputies’ goal is always to deescalate the situation.
Crook said there are tactics they can use that do not require any weapons or striking the individual.
However, in some cases, he said force is necessary.
“When somebody is actively resisting, using some kind of force to stop the arrest from taking place,” said Crook.
Crook reminds the public that driving is a privilege in Mississippi, not a right.
You must have your driver’s license when on the road.
Monroe County Sheriff’s Office training sessions are open to any full time or part time law enforcement officer.
You can contact the Sheriff’s Office (662) 369-2468 or visit its website for more information on how to join.
