I wanted to throw together a little crash course to undo perceptions about police interaction that we as Americans get consistently spoonfed. As a disclaimer I want to elaborate on two points 1. Legal =/= Right and 2. Demographic risk factors.
1. Just because something is illegal doesn’t make it wrong in all cases, likewise, something being legal doesn’t make it right. In addition, when it comes to the police, what they do and what the law says does not always (or often) line up. An arrestee might try to cover their face to protect from injury and get charged with “resisting arrest.’” A protester holding a sign can be charged with having a “weapon.” Arrests are not convictions. Charges are not convictions.
2. The set of rules applied to affluent white individuals will not be the same rules applied to poor Black individuals. There are certain elevations of risk when it comes to a) resisting arrest b) running from police c) trying to enforce rights. Anyone interacting with police must balance their safety with what they know is right. In some cases a right abused in the moment can be remedied with the legal process and it might be best to remain quiet/compliant. On the other hand, being compliant with illegal/cruel behavior from police may be difficult or even dangerous. Whether an individual is compliant or belligerent, they do not deserve to be punished by the police. What is the legal recommendation and what is safest to do is not always the same, and what is the legal recommendation and what is right is also not always the same. The requirement for civilians to remain calm and at the will of the police is abhorrent. You will have to do what you need to do.
Also note that this is not legal advice, just dispelling misconceptions.
That being said, let’s get into it:
Here are 5 key phrases that get said in dozens of cop shows. All of these are manipulation tactics and ALSO not legally correct. You have constitutional and other federal protections. There are differences in local laws, and some things will depend on your individual state, but federal laws cover all states. Regardless of where you live, you are protected by the 4th, 5th, and 6th amendments.
1. “If you had nothing to hide you’d let us in.”
Except in cases of emergency or some circumstances where the police have the belief that a crime is taking place right now, the police may not bust into your home without a warrant. If police show up at your door asking to be let in, ask if they have a warrant. If they do not have one, they can’t come in. If they force their way in without a warrant you have legal remedies regardless of anything they might seize from your home. If they do have a warrant, ask for it. There are specific rules about what must be included in the warrant and this document will be helpful to your case. If the warrant, either as an arrest or a search, has the correct information, legally they are allowed to enter the premises. You do not have to talk to the police and should not. Try not to get in their way and discuss all details with an attorney.
Different rules apply for vehicles. The safest bet is to verbalize that you do not consent to a search. Do not help the police in their search. If you inform them that they do not have consent and they search anyway, in a variety of situations any evidence they find could be thrown out in court. Illegal searches have legal recourse, even if evidence strongly suggests you committed a crime. The specifics of your situation should be discussed with your lawyer and your lawyer only.
In either case, it may be difficult to enforce your rights or stick up for yourself. Entering your space and taking or touching your things is upsetting for people, and it may be difficult to respond “appropriately.” Finding the balance between your safety and protecting your rights is difficult. Always document everything that happens with police and let a lawyer know.
2. “We’re just talking”
There is no such thing with cops, especially in an age of body cams. When people hear the words “custody” and “interrogation” they tend to picture a room with one way glass, a table with a light over it, and a cop and a suspect on either side of the table. This isn’t the only context for interrogation. It can be around a meeting table, in a police vehicle, or on the street. Any process of questioning, whether formal or informal after an arrest is “interrogation.” There is no “off the record,” “just between us” or what have you.
People feel the need to explain themselves when they’re in trouble. It’s a natural urge. Repress it. Do not talk to the police. Frankly, do not talk to the cops ever. Not even when they ask you something in passing on the street, but especially after an arrest.
Learn the phrase, “I am invoking my right to remain silent, and I am invoking my right to an attorney.” Then do not speak until you are able to reach out to or are provided with an attorney.
3. “You have the right to remain silent...”
Cop shows instill the idea that the moment the cuffs go on the police recite your Miranda warnings. This doesn’t generally happen in practice. Your warnings need to be read to you before a formal interrogation process, but from the moment of an arrest, the rules apply. Anything you say can and will be used against you by police whether they have read the warnings to you yet or not. Do not speak to police after you have been arrested. Do not speak to the police after you are detained. Decline to speak to the police from the moment they try to establish contact.
The police love to insist that innocent people wouldn’t invoke their right to remain silent. Resist the urge to explain yourself or answer their questions, even as innocent as they might seem. “What were you doing?” “Where were you?” do not answer anything. Staying quiet does not make you look guilty in court. The cops think it makes you look guilty? Good thing that’s not remotely up to them. Let the cops stew. Don’t try to outsmart them, don’t try to explain yourself. Say “I am invoking my right to remain silent, and I am invoking my right to an attorney” then say nothing else.
It is your RIGHT to remain silent. Use it.
4. “If you had nothing to hide you wouldn’t need a lawyer.”
The same idea applies here. Lawyers know the stupid rules and ways cops like to trip people up. They know legally how things you say might sound, and they can help you navigate the interrogation process as well as possible next steps. Do not answer questions on your own, do not try to clarify anything, do not speak to the police. The cops are not your friend, nothing is off the record, nothing about the process is casual. This is a key tool, use it.
5. “Innocent people don’t run.”
Again, whether you run from the police or not will have different situational consequences. For some people, running escalates the situation. For others, running is what kept them safe. This is not advice one way or the other about the actual situation of running, it is ONLY about the legal side of it.
In a number of jurisdictions (thanks to Federal Rules of Evidence 609′s interpretation in the 2016 Warren case) flight from police is not indicative of guilt. In this current climate, the discussion about what compels one to run from police is making progress, and it is being recognized that certain behaviors are not only not indicative of guilt but may be understandable.
Two big takeaways for this is that the laws are constantly changing and evolving (for better or worse) and the conversation around police violence is shifting the way steps to protect yourself from the police are viewed by the courts.
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Hopefully this post not only enables you to better protect yourselves and each other, but also challenges you to think about the context in which you hear about police interaction. Someone was arrested for assault and battery of a police officer? Are the charges bullshit and completely made up? Was the arrestee being beaten and tried to defend themself?
When news covers an arrest and only takes a statement from the police, is it trustworthy?
Think about how defense attorneys are portrayed in media and question who it benefits to view attorneys as evil and shady and that by using legal help you are also seen as evil and shady.
Remember that the police do not represent you, and they do not even represent victims. They represent the state. They are not your friend, and even if you do not have a negative view of the police (which you should), they will not act in your best interest if you find yourself interacting with them.
Stay safe, don’t talk to cops, do not worry about what the cops think something looks like--they do not get the final say.
योगी का ‘नायक’ स्टाइल: सड़क पर पुलिस की लगाई क्लास, वायरल वीडियो ने मचाई धूम!
Uttar Pradesh News: उत्तर प्रदेश के मुख्यमंत्री योगी आदित्यनाथ का एक वीडियो सोशल मीडिया पर आग की तरह फैल रहा है। इस वीडियो में वह फिल्म ‘नायक’ के अनिल कपूर की तरह एक्शन मोड में नजर आ रहे हैं, जहां वह सड़क पर पुलिसकर्मियों को जमकर फटकार लगाते दिख रहे हैं। उनकी सख्ती और स्पष्टवादिता ने लोगों का दिल जीत लिया है। यह वीडियो न सिर्फ उनकी कार्यशैली को दर्शाता है, बल्कि जनता के बीच उनकी लोकप्रियता को भी…
If you know any LGBTQ young adults between 20-39 who would be interested in talking about their experiences with frontline police officers with me, talk to my friend erin! My friend is recruiting participants for their dissertation research on LGBTQ+ experiences with police. Their school email is [email protected]
Whether the cops are pulling you over a simple traffic case or due to some serious felony, no matter what the charges, you have the right to have your defense attorney present with you before you start any kind of conversation or interaction with the police. This also means you can stop them for checking your house, car and any other belongings unless they have a warrant and you have your defense lawyer present.
