In Ohio, even if a police officer does not have a reasonable suspicion that criminal activity is afoot, he may approach and make contact with a citizen. This type of encounter is referred to as a “voluntary contact.” If an officer suspects criminal activity, he may ask for identifying information–this consists of your name, birthdate, and address. You could provide this information by turning over your ID, but getting it out of your pocket or purse might cause other things to fall out where the officer can see them. If, for instance, you open your purse to get your ID and the officer sees a bag of marijuana, he can arrest you, seize the marijuana, and it can be used against you as evidence in court. He does not need a warrant, because the evidence was displayed in plain view. An individual confronted with this situation, would obviously be better served by simply telling the officer their information.

While it is always important to deal appropriately with police officers, citizens must shield themselves from potential problems. Many people assume that officers who are asking questions or performing a search, are looking for one specific thing. They assume that the officer will not, or is not allowed to pay attention to anything else they discover. This is not true. If an item that is readily identifiable as contraband or evidence of a crime, comes within an officer’s plain view, he may seize it and take appropriate action.

It is of vital importance to be polite and corporative with police officers. But if you have potential exposure, be sure to never give an officer more information or opportunity to view your possessions than absolutely necessary. If the police are talking to you on the street, keep your bags and clothes closed/zipped. Do not retrieve anything from your pockets. If they are talking to you while you are seated in your car, keep all containers (glove box, trunk, suitcases etc.) closed and latched. If they come to your house, step outside the house and close the door behind you. Do not invite them in to talk. Always be as polite as possible, and say as little as practicable.

The bottom line: You do not have to consent to a search of your person or property. Be polite and cooperative, but do not permit yourself to get bullied. Know your rights. When in doubt, ask to speak to your lawyer.

Scott Rubenstein, Cincinnati Attorney at Law