[responsivevoice_button]

Encounters with police are inevitable. These encounters can be tricky because cops are trained observers, constantly gathering evidence and looking for ways to enforce the law and penalize law breakers. Even if you do not consider yourself a “law breaker,” you may be surprised how often activities we do everyday are technically violations of the law. It is important to remember, though, that you have important legal rights in each situation. In addition, try to follow these basic guidelines.

1) Control your behavior and appearance. Try to consider how your behavior could be perceived by others. Stay calm and respectful at all times. If the officer perceives you as acting unreasonably or as a threat to him or herself or others, they may respond unreasonably in order to maintain authority and control.

2) Maintain control of your physical presence. You should keep your hands visible at all times unless you tell the officer what you are doing beforehand. Tell them, for instance, if you are going to reach into your back pocket to retrieve your wallet. Finally, NEVER TOUCH THE OFFICER. Doing so will almost certainly result in a physical confrontation, escalation of force, and immediate arrest.

3) Pay attention to your surroundings and circumstances. Get the officer’s name and badge number and keep an eye out for witnesses in the area. If you are ultimately arrested, your recollection of the facts and the cop’s statements can help your lawyer establish a defense.

4) Determine whether you are free to go. Always ask whether you are free to go in order to help you figure out if you are currently being detained or are under arrest.

5) Invoke your right to remain silent and your right to an attorney. Anything you say can and WILL be used against you. After invoking your rights to silence and an attorney, STOP TALKING. Never fill uncomfortable silence with idle chatter. If your are asked any additional questions, repeat “I want to be silent and I want to speak with an attorney,” over and over if need be. Say nothing else.

Police interactions can be divided into three basic categories: (1) the police approach a person in a public place; (2) the police approach a person in a private place like a home; or (3) the police approach a person while in a vehicle. Your options may vary depending on the situation.

ENCOUNTERS IN PUBLIC PLACES

The police may approach you at any time for nearly any reason and depending on how they approach, you may be able to avoid interacting with them. In other instances you will not be free to go. It is important to remember, the police are looking for criminal activity, even during seemingly friendly conversations.

1) Consensual encounters are those where the police do not need suspicious in order to speak with you. These can be as innocuous as a simple “hello” as the officer walks by, but usually begin with the officer asking to speak with you for a minute. You do not have to talk with them if you do not want to and you may leave at any time, but you don’t need to be rude. Simply say something like “I’m terribly sorry officer, but I have somewhere else to be and can’t talk with you right now.” The officer will understand, but keep in mind that sometimes the officer will engage in a consensual encounter while suspecting you of a crime. They just don’t have enough proof yet. If you invoke your right to remain silent, you won’t incriminate yourself. Consensual encounters don’t require the officer to read you Miranda rights and if you make incriminating statements, they can and will be used against you.

2) Community caretaker encounters occur when the officer has a reasonable belief that you need assistance. They may approach you if you are passed out and they think you may be having a medical problem such as a stroke or heart attack. That being said, many of these encounters rapidly become a reasonable suspicious stop or even an arrest if the officer notices anything to give him suspicion that you you’ve committed a crime. For instance, drunk people often pass out in their car. If you don’t need help and ask if you can go, but the cop says no, you know that it isn’t a caretaker stop anymore. They believe you may have committed a crime and you should act accordingly.

3) A reasonable suspicious/temporary stop occurs when the officer has some belief that criminal activity is happening or has just happened. During this kind of encounter, you must answer some questions like your name, address, and explanation of your actions. Answer yes or no as much as possible and keep explanations to a minimum. To protect your rights, tell the officer you want to remain silent and want to speak with a lawyer. Attempt to end the encounter by asking if you can leave. If you are free to go, do so immediately. If you are not free to go, invoke your rights immediately.

An arrest can only occur if the police have probably cause to believe you have committed a crime. Arrests can be conducted with or without a warrant in certain circumstances and, in fact, most arrest are conducted without a warrant. If you are being arrested, REMAIN CALM. Arguing with the officer or acting belligerent may result in addition charges. Be respectful, do not touch the officer, and keep you hands in plain view unless you tell the officer what you are intending to do with them ahead of time.

ENCOUNTERS IN PRIVATE PLACES LIKE HOMES

Your rights are strongest when you are in a private place such as your home, but in order to maintain your rights, you have to use common sense.

1) Remain quite! When the doorbell rights and you think it’s the cops, don’t yell, “IT’S THE COPS!! HIDE THE DRUGS!” The cops are listening at the door and if they hear anything suspicious, like running footsteps or flushing toilets, they may break down the door.

2) Ask who it is THROUGH the door. Officers are required to identify themselves and announce their purpose.

3) Do your best to avoid further suspicion, but DO NOT LET THE OFFICERS INSIDE. The best course of action may be to step outside to speak with them and close the door behind you. If the officers do not have a warrant, do not allow them to persuade you to let them inside. Don’t be rude, but tell them you don’t give them permission to do so. However, if the police have a warrant, you must let them inside.

4) Do not go back inside if you are arrested. To make sure you are not destroying evidence or arming yourself, the officer will follow you inside. While inside the officer will surely look around. If he notices anything, he will take note and return with a search warrant, freeze the scene while a warrant is being obtained, or seize the item if it is in plain view.

POLICE ENCOUNTERS IN A CAR

In this situation, your rights are reduced because you have a lesser expectation of privacy. Technically, the encounter can begin before the officer initiates the stop.

BEFORE THE STOP

1) Do not give an officer a reason to stop you. If you notice a cop driving near you, straiten up and observe all traffic laws.

2) Avoid back roads or side streets. If police are following you through a desolate area, they have less to do besides analyze your driving behavior.

3) Stop in a public place. If you believe an officer is following you, pull into a gas station, or any other well lit, public area with other people around. The cop must then decide whether to stop you or keep moving in search of the next car.

4) Get the officers information. If you think he was following you for no good reason, get the license number and note the time. If you see the same officer following you on more than one occasion or for an extended period of time, it may be time to contact the officer’s supervisor, especially if you think he has been targeting you for an inappropriate reason.

AFTER THE STOP

In most cases, traffic stops are quick and painless, but in order to minimize the chance an officer escalates the encounter, there are basic considerations you should keep in mind.

1) Stay in your car. Unless instructed to get out of your vehicle, stay there.

2) Be prepared. Have your license, registration, and insurance cards readily available. Turn on your interior dome lights if it is dark and roll your window down just far enough to speak with the officer and hand over documents.

3) Keep your hands in plain view at all times. Instruct any passengers to keep their hands on the dash or seat in front of them and keep their mouths shut. If the cop can not see your hands, he may suspect you are hiding evidence or concealing a weapon.

4) Exercise common sense. Even though you have not been arrested, be respectful and be cognizant of your body language.

5) NEVER consent to a search. The officer may ask for permission to search your vehicle, but no matter what his excuse is, respectfully tell him you value your privacy. If pressed to consent, reiterate you non0consent as clearly as possible. The officer may believe you refused because you have something to hide, or he may even search your vehicle without your consent. At least then he must justify a search on suspicious grounds and not based on your consent. If you consent, he does not need any justification. Do NOT make his job too easy.

6) Do not sign anything except a ticket. He should never ask you to sign anything other than acknowledgement of a citation. Refuse to sign anything else.

7) Do not say anything unless you have to. Remember, the officer is gathering information he can use against you. And with yes and no as much as possible.

AVOIDING SEARCH AND SEIZURE ISSUES

Like all interactions with the police, avoiding seizure issues requires an exercise in common sense. Generally, the cops can search you, your home, or your belongings if they have a good reason to do so. These searches can be conducted with or without a search warrant. The following suggestions may help you avoid a search and seizing evidence against you.

1) Keep your behavior and appearance in check. This goes for your stuff, too. Police keep an eye out for suspicious behavior, like random people coming and going, heavy blankets completely blocking out windows, strange odors or noises, and strange hours.

2) Keep contraband out of sight. Police do not need a warrant to search for things they can see in plain view. Keep all suspicious items out of plain sight, away from doors and windows.

3) Never through incriminating material in your garbage can or in a bag containing anything identifying to you. Police do not need a warrant to search your garbage when it is on the street for collection. They often conduct garbage searches to locate enough evidence to obtain a search warrant, so keep anything that may be illegal out of your trash can.

4) Never consent to a search. Again, you don’t want to make the cop’s job too easy. They don’t need a warrant if you consent.

5) Never open the door unless they have a warrant. Go outside to speak with the officers and shut the door behind you. If they show you a warrant, let them inside.

6) Get a copy of the warrant. Give it to your attorney as soon as possible.

7) Get a copy of the inventory. Before cleaning up after a search, take pictures of the mess, any damage, and look to see if anything is missing which was not included on the inventory.

8) You do not need to be present in order for the police to conduct a search. Officers commonly try to conduct a search when you are either gone or are unprepared.

9) If you are arrested, do not go back inside. As mentioned before, the officer will follow you inside to make sure you are not hiding anything or arming yourself.

10) Be cognizant of your location. Whenever you leave your home, your rights are lessened. Vehicle searches, searches incident to arrest, and stop and frisks are different than the standard in-home search.

11) Remember the details. Keep note of how many officers were involved in the search, what they said they were looking for, what the warrant said, etc. Immediately after the search, write down everything you can remember and give it to your attorney.

Of course, these are merely recommendations. Use common sense and you may avoid most of these issues before they arise, or at least give you and your lawyer a fighting chance to suppress evidence. If you have a bad encounter with a law enforcement officer, CALL AN ATTORNEY.