Appropriate Conduct with Law Officials

Back on April 19th, actress Reese Witherspoon caused a bit of a stir when footage surfaced purpotedly showing her and her husband in an unwanted encounter with law enforcement. According to Associated Press [via the Seattle Times], Ms. Witherspoon verbally gave a state trooper what-for while her husband was subject to an investigatory detention of the purposes of determining whether he was driving under the influence of intoxicants.

Witherspoon reportedly later entered a 'no contest' plea to one count of Disorderly Conduct, a charge that is also present in Washington and is discussed on this site in greater detail. Meanwhile, her husband plead guilty to a misdemeanor offense to drunken driving, a category of offenses also discussed in detail on this site.

While reading celebrity tabloids might be a fantastic hobby for some and seem like a waste to time to others, there are still some possible bits of wisdom to take from the misfortune of others, regardless of their level of fame or infamy:

[1] Be mindful of your conduct when talking to a police officer. Dealing with a police officer can be a highly stressful experience. The combination of a person in uniform asking questions of you in an unexpected time and place can be overwhelming. But no matter how frantic or desperate you may be, your words or conduct can get you into trouble where there previously was none.

In Ms. Witherspoon's scenario, and countless others, there's very little she likely could have done to help her husband. Using language categorized in the press as "berating" led to her being charged with a crime on a night where the officers likely had no intention of dealing with her. An officer doesn't typically care who you are, and reminding the officer of how important you are might be a recipe for disaster.

There's a reason Miranda warnings indicate that a person subject to interrogation has the right to remain silent and that their words can be used against them. They can, and often are, used against people. Not only can words spoken to an officer later be used as a possible admission of criminal activity, but sometimes words alone [e.g. harassment, obstruction, making a false statement, disorderly conduct] can be grounds for a criminal charge in their own right.

When talking to an officer, as a general rule it's good to be respectful and, when possible, refrain from saying anything if you don't have to. Other than identifying who you are and providing basic I.D. information when requested, it can often be harmful to answer an officer's questions. That said, when contacted by an officer make sure to follow lawful commands. As Mrs. Witherspoon stated afterwards, "when a police officer tells you to stay in the car, you stay in the car." If she had followed her own advice, it's possible she may have been a footnote to this story instead of the headline.

[2] You never know when you are on camera. Part of the reason the Witherspoon case became sensationalized was because the officer's dashboard camera captured the entire interaction, and that tape then made the rounds on the internet. Several local law enforcement agencies, such as the Washington State Patrol, Seattle Police Department, and local sheriff's offices, commonly have dashboard cameras installed in their vehicles. Many stores have security cameras installed recording your actions.

In some cases, such footage can be a godsend. While an officer might write a report seeing things one way, a videotape might show things to the jury in a little different light. But video can also be the worst possible evidence available. If a person is caught on camera berating an officer, the available possible defenses to the crime may be substantially limited.

If an officer contacts you, a good rule is to assume you are being videotaped. Conduct yourself in a manner that you would be fine with seeing later on a video screen in a room full of strangers.

[3] You have the right to refuse to do field sobriety tests. One mistake people charged with DUI often make is agreeing to do field sobriety tests. While is theoretically possible that in some cases a person under suspicion of DUI might pass the tests and end up being released instead of arrested, in the vast majority of cases the tests are failed and later used as evidence against the person.

The tests are designed to test your physical performance and your ability to divide your attention amongst many factors. People commonly talk themselves into believing they can pass the tests without problem.

Don't hand the prosecutor evidence they can use to convict. It is completely OK to decline to do a field sobriety test. While a breath/blood test is mandatory after arrest if requested by an officer during a DUI investibation, performing field sobriety tests is completely voluntary and should not be used against you later on. Being respectful of an officer means complying with their commands, but not necessarily complying with their requests or answering all their questions.

[4] A DUI can happen to anyone. It doesn't matter if you are unemployed and single or the head of a talent agency with a movie star wife. Race, creed, income, religion...none of these factors matter. Anyone who drinks alcohol or uses drugs of any kind may find themselves in a situation where they are charged with a DUI. It is a crime that crosses all socio-political boundaries.

[5] Don't let one incident define you. Being charged with a criminal offense may lead you to wonder how your life will be impacted. While the outcome of the criminal offense may play a role, you shouldn't let a criminal charge define who you are. While Ms. Witherspoon may have an advantage over most, it's safe to assume that her career will continue and, law-abiding behavior permitting, this incident will be mostly forgotten in time.