Dealing with law enforcement officers can get tricky. The purpose of this closing argument is to outline the proper police interaction protocol. I am very tired right now so please disregard any misspelling or punctuation errors. Moreover, I should definitely be working on other (more important) projects. However, this issue is very important [to me] because every time I watch the show, Cops, I get in a screaming match with the TV. So here it is. A short summary of your rights as an American citizen of these United States. Enjoy. *Picture courtesy of Scroggins Design
When stopped by police, it is important to remain calm and always be polite. If you are rude, the officer can make your life very difficult. You never have to answer any questions if you do not want to. (Except your name in some states) You can simply say, “I do not want to talk to you.” and walk away. Never run! Law enforcement officers may try to make you feel pressured to comply and many have been known to resort to trickery to get your confession. If you do not feel comfortable walking away, ask if you are free to go. If the answer is yes, you should consider just walking away. However, if the officer says you are not under arrest but you are not free to go, then you are being detained.
Sidebar: Being detained is not the same as being arrested, although an arrest could follow. It is important that you utilize your rights to remain silent and request legal representation.
No one is perfect and certainly nothing government run. Police can and do make mistakes. If you are being detained, the police officer can pat down the outside of your clothing only if they have reasonable suspicion, an objective reason to suspect that you are armed and dangerous. If they search anymore than this merely say, “I do not consent to a search.” If they continue to search, you should never physically resist them. Remain calm and remember you do not have to answer any questions whether you are being detained or arrested. Ask for legal representation and wait for their arrival.
If you are arrested, the officer must advise you of your constitutional rights to remain silent, to an attorney, and to have an attorney appointed if you cannot afford one. These are known as your Miranda rights. If an officer fails to read you these rights, you should inform your attorney so they can motion for mistrial.
Finally, if you are ever treated badly by a law enforcement officer, there are a few things to remember. First, take down the badge number, name, and any other identification information. You have the right to inquire about this information so the officer has to give it to you. Second, try to find as many witnesses to the incident and get their contact information as well. Third, report a complaint to the law enforcement responsible for this treatment. This is essential if you plan to press charges. (In fact, if you do all of this it may just be an open and closed case, not to mention your attorney will love you because you have done all the work) Fourth, if you are injured, seek medical attention immediately and take pictures of your injuries. Lastly, call a lawyer or contact your local ACLU office.
Verdict: You should exercise all of these rights while dealing with law enforcement officials. If you are arrested, you do not have to answer any questions or divulge any information. Ask to speak with a lawyer immediately and repeat this question to any officer who tries to talk to you.
