Dealing with the Police

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Dealing with Police

General Guidelines for Activists

I. In General.

When dealing with the police, park rangers, health officers, or other law enforcement
officers (collectively referred to as “police”), keep your hands in view and don't make
sudden movements. Avoid walking behind the police. Never touch the police or their
equipment (vehicles, flashlights, animals, etc.).

II. Police Encounters.

There are three basic types of encounters with the police: Conversation, Detention,
and Arrest.

Conversation:

When the police are trying to get information, but don't have enough
evidence to detain or arrest you, they'll try to get the information from you. They may call
this a “casual encounter” or a “friendly conversation.” If you talk to them, you may give
them the information they need to arrest you or your friends. In most situations, it's better
and safer to refuse to talk to police.

Detention:

Police can detain you only if they have reasonable suspicion that you
are involved in a crime. (A “reasonable suspicion” occurs when an officer can point to
specific facts that provide some objective manifestation that the person detained may be
involved in criminal activity.) Detention means that, though you aren't arrested, you can't
leave. Detention is supposed to last a short time and they aren't supposed to move you.
During detention, the police can pat you down and may be able to look into your bag to
make sure you don't have any weapons. They aren't supposed to go into your pockets
unless they first feel a weapon through your clothing.

If the police are asking questions, ask if you are being detained. If not, leave and
say nothing else to them. If you are being detained, you may want to ask why. Then you
should say: “I am going to remain silent. I want a lawyer,” and nothing else.

A detention can easily turn into arrest. If the police are detaining you and they get
information that you are involved in a crime, they will arrest you, even if it has nothing to
do with your detention. The purpose of many detentions to to try to obtain enough
information to arrest you.

Arrest:

Police can arrest you only if they have probable cause that you are involved
in a crime. (“Probable cause” exists when the police are aware of facts that would lead an
ordinary person to suspect that the person arrested has committed a crime.) When you
are arrested, the cops can search you and go through any belongings.

III. The Miranda Warnings.

The police do not necessarily have to read you your rights (also known as the
Miranda warnings). Miranda applies when there is (a) an interrogation (b) by a police
officer (c) while the suspect is in police custody. (Please note that you do not have to be
formally arrested to be “in custody.”) Even when all these conditions are met, the police
intentionally violate Miranda. And though your rights have been violated, what you say can
be used against you. For this reason, it is better not to wait for the cops – you know what
your rights are, so you can invoke them by saying “I am going to remain silent. I want to
see a lawyer.”

If you’ve been arrested and realize that you have started answering questions, don’t
panic. Just re-invoke your rights by saying “I am going to remain silent. I want to see a
lawyer.” Don’t let them trick you into thinking that because you answered some of their
questions, you have to answer all of them.

IV. Questioning.

Do not communicate with the police anything other than your right to remain silent.
If you are arrested, you may want to give identifying information, such as name, address,
and driver's license, which will help secure your release by citation or be necessary to be
released on bail.

It is a serious crime to make a false statement to a police officer. By talking, you
could get in trouble because of two inconsistent statements spoken out of fear or
forgetfulness. It is also very dangerous to try and outsmart the police. They are trained
on how to extract information and trip people up who are lying to them or even telling the
truth. They have learned how to get people to talk by making them feel scared, guilty or
impolite. Stay strong and stay silent!

Interrogation isn’t always bright lights and rubber hoses – usually it's just a
conversation. Whenever the police ask you questions, it's legally safest to say these
words:

I am going to remain silent. I want to see a lawyer.

This invokes the rights which protect you from interrogation. When you say this, the
police are legally required to stop asking you questions if you have been detained or
placed under arrest. They probably won't stop, so just repeat “I am going to remain silent.
I want to see a lawyer” or remain silent until they catch on.

Remember, anything you say to the authorities can and will be used against you and
your friends in court. There's no way to predict how or what information the police might
try to use. Plus, the police often misquote or misrepresent altogether what was said.
One of the jobs of police is to secure information from people, and they often don't
have any scruples about how they go about doing so. Police are legally allowed to lie
when they're investigating, and they are trained to be manipulative. The only thing you
should say to police is: “I am going to remain silent. I want to see a lawyer.”

Here are some of the statements the police might make:

You're not a suspect – just help us understand what happened here and
then you can go.
If you're not a suspect, ask to leave immediately without
answering any questions.
If you don't answer my questions, I'll have no choice but to arrest you. Do
you want to go to jail?

If you don't answer my questions, I'm going to charge you with interfering
with my investigation.

All of your friends have cooperated and we let them go home. You’re the
only one left.
This is generally a lie – besides, even if that did happen, how
does it benefit you to be a witness against yourself?
If you don't talk now, we’ll come back with a subpoena.
Most of the time this
is an empty threat. The police do not have to power to obtain a subpoena.
In connection with the investigation of a crime, the only subpoena that can
issue is from a grand jury.

If you talk, we will go easy on you.

You seem to be an intelligent kid with a promising future. You don't want to
destroy your life over this, do you?” The truth is, the police don't care about
you. This is just another way to manipulate you into making a statement.
If you’re not guilty, then why don't you talk?
This is one of their favorite
tactics. We all have the desire to defend ourselves, especially when we
know we are innocent. However, the police will attack and dissect everything
you say, continually prying to get more and more information. Even if you
are innocent, don't talk! A person's innocence has never stopped the
authorities from convicting or jailing them. Furthermore, the more you talk,
the more likely you are to mention other people's names, leading the police
to them.

Police will often try to trick you into talking. Here are some of the techniques they use:

Good Cop/ Bad Cop: Bad cop is aggressive and menacing, while good cop
is nice, friendly, and familiar (usually good cop is the same race and sex as
you). The idea is bad cop scares you so badly you are desperately looking
for a friend. Good cop is that friend.
The police will tell you that your friends ratted on you so that you will snitch
on them. Meanwhile, they tell your friends the same thing.
! The police will tell you that they have all the evidence they need to convict
you and that if you “take responsibility” and confess the judge will be
impressed by your honesty and go easy on you. What they really mean is:
We don’t have enough evidence yet, please confess.

Jail is a very isolating and intimidating place. It is really easy to believe what the
cops tell you. Insist upon speaking with a lawyer before you answer any questions or sign
anything.
The police do not decide your charges; they can only make recommendations. The
prosecutor is the only person who can actually charge you.

V. Searches.

Never consent to a search! If the police try to search your house, car, backpack,
pockets, or other private property, say “I do not consent to this search.” This may not stop
them from forcing their way in and searching anyway, but if they search you illegally, they
probably won't be able to use the evidence against you in court. You have nothing to lose
from refusing to consent to a search and lots to gain. Do not physically resist police when
they are trying to search because you could get hurt and charged with resisting arrest or
other serious crimes.

If the police have a search warrant, nothing changes – you should not consent to
the search. Again, you have nothing to lose from refusing to consent to a search, and lots
to gain if the search warrant is incorrect or invalid in some way. But remember not to
physically resist police when they are trying to search.

VI. Taking Notes.

Whenever you interact with or observe the police, always write down what is said
and who said it. Write down the names and badge numbers of the police and the names
and contact information of any witnesses. Record everything that happens. If you are
expecting a lot of police contact, get in the habit of carrying a small tape recorder and a
camera with you. Be careful – police don't like people taking notes, especially if they are
planning on doing something illegal. Observing them and documenting their actions may
have very different results; for example, it may cause them to respond aggressively, or it
may prevent them from abusing you or your friends.