Ignorance is no excuse. It is known to all.
According to the census, in the US, the largest in the world Russian-speaking Diaspora — more than 3 million people. And unfortunately, not each of them knows how to behave with law enforcement officials. What to do if you are stopped for verification of documents? How to act so the police went well?
What this chat is over, will largely decide your consistency and the ability to correctly defend their rights.
So:
Always keep calm
The dialogue with the officer was not the most appropriate occasion to demonstrate character. When you are delayed in transit, it is certainly unpleasant. But you would do well, while maintaining equanimity.
Never bicker with the police, don’t raise your voice at him and don’t swear — it will only worsen the situation.
Disrespect for the police will not get away with this, whoever you were. Even the most experienced officer may behave aggressively if you start to threaten him or to question his authority. Mind your manners, words, and gestures.
In dealing with the police most importantly — common sense. If the ego during a conversation with the officer will take you over the top, you for sure regret it.
You have the right to remain silent
Three amendments to the bill of rights are designed to protect you during intercourse with the police.
The fourth amendment asserts your right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
According to the fifth amendment, a suspect in committing a crime has the right to due process of law and is not obliged to testify against himself. So, dealing with the police, it is better not to say too much.
In accordance with the sixth amendment of the bill of rights in any criminal proceedings the suspect has the right to counsel. Therefore, it is prudent to assert his right to silence and to an attorney.
If the police gives you a sign to stop when you are driving — pull over, turn the engine off and put your hands on the wheel.
For security purposes, the police need to see your hands, why not grab the documents before you not ask about it. Night turn the car light so the officer saw that you are not armed.
You have the right to refuse a search
This right is enshrined by the fourth amendment. To use it, be prepared to state clearly its refusal. Tell me to stop you the police officer: «I do not give consent to a search» («I don’t consent to searches»). But do not go too far with statements like «I know my rights» — is better show proper behavior.
Once you decide to allow me to search you and your car or not, so before you give permission to do, think first. The search may take casually. If during it to break something, damage you no refund, because you are allowed to Pat you down. Also, how do you know if the previous owner of the car or someone you know is in the cabin or trunk anything suspicious? Suddenly a COP will find something — in this case, you have the right to arrest, even if you are innocent.
Consent to search a suspect automatically gives it legal force. The fourth amendment already does not oblige the police to read your rights — you have refused them. So, if you are stopped by police, better do not give consent to search. Yes, you can still search, but if the case goes to court, your lawyer will be easier to protect you, challenging the results of a search based on your rejection of him.
A search against your will is possible only in the case that the police have the facts and evidence, giving her reason to suspect you of committing a crime.
Do not let yourself be mislead
By law, you may be asked to leave the car. You have to obey.
However, don’t let to violate your rights. Refusal of a search is not proof of your guilt and the reason for the search or detention. If you are detained and not arrested, you can at any time terminate the conversation.
Remember: you may be forced to say the wrong thing. If in doubt, say «I refuse to say. I want a lawyer» («I am going to remain silent. I’d like to see a lawyer»). It is your best protection in case of arrest or interrogation. However, it is not necessary that after these words let you go.
Please specify whether you are arrested
Take the initiative and ask the officer: «am I being detained or free to go?» («Am I detained or free to go?») So you can show the COP you talk to him, not willingly. This is useful if the case goes to court. When the police understand that you know your rights, they become more cautious in the words.
Do not provoke the police
Behave causes is stupid. You can be arrested even if you happened to be near a suspicious object or a criminal. Better silently wait for the arrival of a lawyer.
In the event of arrest the court will provide it for free if you are not able to pay for the services themselves. Remember to try to protect itself by interrogation without a lawyer is a big mistake. Almost everything you tell the police can and will be used against you in court.
Do not sign without a lawyer any papers and do not expect that the police will be to explain their essence. Read the documents for yourself!
Often you can only sign a promise to appear in court.
Don’t run from the police
If the police suspects you are involved in a crime, you can delay for a certain period. But the officer must be specific reason to suspect you of anything. For example, you were matching the description of a wanted criminal, threw out something suspicious at the sight of the police, or tried to run.
In any case don’t run from the police!
Catch up with you and make you regret it. If you are sent officers right on the spot.
Do not touch the police
If the police have reasonable suspicion, they can produce external examination — searched all your clothes. But only if they have reason to believe you are armed. Groped in the pocket of a hard object, they may remove it and check for weapons.
Police can ask you to empty your pockets, but you don’t have to do this. Turning out the pockets equates to permission to search. So you have the right to refuse.
If you are arrested and began to search, you can protest. But only verbally, not resisting and in no case without touching the cops — otherwise, you may use force, in particular a stun gun and accuse you of assault.
Write a complaint
If you are driving, you are not required to carry a passport or other identity documents. However, the police have the right to ask your name if it suspects you of involvement in the crime.
For detention must be reasonable suspicion. To find out if they have the police, just ask if you can go. If you do not let go — so there is reason to believe that you are complicit in the crime. Therefore, you will be arrested and, unless documents can be arrested. Under the law police may not require you have a passport when they want, but in fact failure often leads to detention or even arrest.
If you want to quickly get rid of the police without talking to present your valid passport and be free. But if you want to go on principle and bring the case to court — write a complaint. Believe me, it will carefully examine and take action. Many police due to complaints of lost work. But first pay attention to the details. Remember about the police as much as possible: their appearance and names, badge numbers and the entire order of events. Don’t ask directly — they’ll know what you’re getting at, and it won’t turn for you nothing good.
Don’t say you are going to complain. Remember exactly said the words for you. Find witnesses. Immediately write down everything remembered: the longer you leave it, the less you remember. If injured — even someone as soon as possible, take a picture. Make copies of all medical certificates and serve on the police to court. And don’t give up just because I heard the cops always get away with it.
You have the right not to let police into the house
Whether the police are right, circumambulating the neighborhood, knocking on people’s doors with a request to conduct a search? Yes, but you don’t have to let them. Even if the officers have a reasonable suspicion, the fourth amendment requires them to have a judge issued a search warrant.
If the situation is not an emergency, the police have no right to enter a home without judicial authorization. However, they don’t need, if you let themselves. If the police come to your house, it is better to talk with them on the street, closing the door or opening it on a chain. You have come to the police, but you don’t need her help? You have every right not just to open the door. Or to say: «I can’t let you in without a search warrant» («I can’t let you in without a warrant»).
We hope that our tips on how to behave with the police, will stand you in good stead. But this is only the tip of the iceberg. From all cases, not insure.
