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Watching The Cops Title: Flex Your Rights: The Top 3 Things To Do In Every Police Encounter Dealing with police in the U.S. can be a touchy situation, no matter who you are, where you’re going, or what you’re up to. That’s why three law enforcement experts attending the 2011 Drug Policy Alliance conference in Los Angeles decided to stage a panel discussion about what people can do to prevent police encounters from becoming seriously detrimental to one’s life. While the conversation was wide-ranging and covered a lengthy variety of topics, there were several main points they all made that can help every single person to deal with police in a manner that limits the potential for arrest or violence. 3. Be cool and be aware Chino Hardin, an organizer with the Institute for Juvenile Justice Reform and Alternatives, recommended making mental notes of the officer’s words, and getting their name if possible. This information will be invaluable to your defense should you end up under arrest. Hardin also said that department heads will absolutely read formal complaints against their officers, which can often be filed over the Internet. Follow up if you feel your rights have been trampled upon. If an officer has enough complaints registered against him or her, it creates a public record of bad behavior that can be used by lawyers to trigger settlements or pressure management to fire an officer, if necessary. Pro tip: If it’s night, turn on your vehicle’s interior light to provide the officer with an additional sense of security, and make no movements without first telling the officer what you are reaching for and where it is. 2. Keep quiet and assert your rights “You have to own these things,” Hardin explained. “You can’t just [be meek] about it. Police do know when you start asserting your rights. What you want to say is, ‘Am I being detained, or am I free to go?’ Once they say you’re being detained, which means you’re not free to go, then they must have reasonable suspicion to detain you. At that point you can say, ‘What is the reasonable suspicion that you have to detain me?’ Then they will have to articulate it.” Pro tip: Neill Franklin, the executive director of Law Enforcement Against Prohibition and a former undercover officer in Maryland, told the audience to always be aware of their surroundings during a police stop. If there are any witnesses to the encounter and you do not get arrested, try to reach out to them to discuss the incident immediately after it is over. This is especially important if you plan on filing a formal complaint, as witness corroboration can substantially strengthen your claim. 1. Never consent to searches “The only way to come out ahead is to say, ‘I don’t consent to a search,’” explained Ronald Hampton, former director of the National Black Police Association and a 24-year veteran of the Washington, D.C. metro police. “You have to say that. If you don’t, you’re not protected. If you don’t say that, [your lawyer] can’t represent you. The minute you say that, you’ve set the stage for the legal battle in court. You can’t argue with them on the street. They can be wrong and you can be right, but you can still get hurt.” Pro tip: If an officer asks you to empty your pockets, respectfully decline and reiterate that you do not consent to any search. Emptying your pockets is the same as saying you consent. The officer may still reach into your pockets if they claim to have felt something that may be a weapon, but by refusing you retain constitutional protections later on. For more information on avoiding arrest during police stops, visit FlexYourRights.org.
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