Law enforcement officers play an important role in our criminal justice system. We rely on the police to keep our communities safe, and to treat us fairly regardless of race, ethnicity, national origin, gender, or residence. The police have a difficult job, a job that most of them - perhaps the vast majority of them - do very well, day after day.
In addition to local police departments and county sheriff's deputies, there are other law enforcement agencies that you might come into contact with, such as the FBI, ICE, or even agents of the Joint Terrorism Task Force (JTTF). Like our local law enforcement agencies, the agents of these Federal agencies are in almost all cases going to act professionally in any contact that you may have with them.
But, "most", "the vast majority", and "almost all", means that there is some small percentage of police officers, Federal agents, and government employees who are going to act inappropriately, or perhaps even criminally.
In any contact with the police it is important to know and retain your rights. As the US Supreme Court said in the 2001 case Ohio v. Reiner, the U.S.; retaining / invoking your rights serves to protect the innocent who otherwise might be ensnared by ambiguous circumstances.
But, what are those rights and how do you go about retaining your rights during contact with the police or some other government agent? Part of this comes from understanding the Constitution and the proper function of government.
Each day during the first week of April 2018, I posted a link to an on-line course that provided some insight into the United States Constitution and the proper function of government. While many readers enjoyed these courses, I was also asked for more specific information and resources for dealing with a police encounter. Unlike finding resources to study the Constitution, finding resources that explain how to act when contacted by police is a bit more problematic.
Too often on-line resources that describe how to act during a police contact are just plain wrong as we see sometimes in the "sovereign citizen" community, or are at best inappropriate as we see with groups like Cop Block.
As with my blog post, Should You Take a Field Sobriety Test? - I think it is important to see what practicing attorneys and civil rights organizations, such as the ACLU, recommend. The following resources give what I believe is appropriate, and sensible advice on how to act when contacted by the police or by a government agent:
In any interaction with the police you have both rights and responsibilities. The following points from the ACLU sums up those rights and responsibilities:
Your Rights
- You have the right to remain silent. If you wish to exercise that right, say so out loud.
- You have the right to refuse to consent to a search of yourself, your car or your home.
- If you are not under arrest, you have the right to calmly leave.
- You have the right to a lawyer if you are arrested. Ask for one immediately.
Your Responsibilities
- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do remember the details of the encounter.
- Do file a written complaint or call your local ACLU if you feel your rights have been violated.
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