THE LAW AND YOU

Guidelines For Interacting With Law Enforcement Officials

Today's headlines are full of stories detailing encounters between law enforcement officials and people. Unfortunately, some of these stories do not have happy endings. While most law enforcement officials have guidleines or standard procedures to follow most people do not. As a result, there is often a breakdown in communication between law enforcement officials and the public.

In a collaborative effort, The National Association for the Advancement of Colored People (NAACP), and the National Association of Black Law Enforcement Officials (NOBLE) have joined together to develop "The Law and You:Guidelines for Interacting with Law Enforcement Officials." These guidelines offer suggested procedures to follow if you are stopped by a police officer or law enforcement official, regardless of the reason. These suggestions should be used as guidelines until professional legal advice and guidance can be obtained.

The Cardinal Rule

Remember, the first words spoken by either the officer(s) or the citizen(s) involved may very well determine the tone of the encounter and the eventual outcome.

Police are trained to place a great deal of emphasis on their safety and survival. In some instances, the safety procedures that officers use may appear offensive and unnecessary to citizens. However, police know that even the most routine stop for a traffic violation has the potential for danger. Consequently, the officer may maintain a defensive posture until they believe the risk of confrontation or injury is diminished. If you are stopped, questioned or detained, it is in your best interest to cooperate with the law enforcement official(s), even if you feel as though you are being unjustly stopped or questioned. Retain your composure. Avoid any action or language that might trigger a more volatile situation, possibly endangering your life or personal well-being.

Your Basic Rights and Responsibilities

If stopped or detained, politely ask the officer "why" in a manner that is non-confrontational. Remember, your priority should be to alleviate or minimize the potential charges and/or use of excessive force against you.

If You Are Stopped on The Street

1. Answer all questions. Your answers should be factual to the best of your knowledge.
2. You are not required to give testimony against yourself. You have Fifth Amendment Rights.
3. Do not use aggressive/foul language or walk away from law enforcement officials, even in instances where you feel they are wrong. If the officer behaves inappropriately, report his/her misconduct to a superior officer at a later time.
4. If an officer has a "reasonable suspicion" that you may be carrying a weapon or illegal substance, you may be subject to a "pat-down" search. Do not resist the search. Obey all request made of you unless the request poses a risk to your personal safety or well-being. In that case, ask for a meeting with the officer's supervisor.

If You Are Stopped In Your Car

1. Slow down; pull over safely when you can. If the police vehicle is unmarked and you cannot identify the driver as a uniformed police officer, drive below the speed limit to a well-lit, populated spot and then pull over.
2. Stay in the drivers seat with both hands in sight on the steering wheel. Do not exit your car unless asked to do so. Getting out of your car can be perceived as aggressive behavior and a threat to the officers safety. Turn on your interior light if you are stopped at night.
3. Comply with the officers request to see your driver's license and/or registration. If they are in the glove box or under the seat, state that to the officer and then retrieve them slowly.
4. If the officer has "probable cause", your car can be searched without a court-issued warrant. If you are the driver and/or owner of the car and do not want your vehicle searched, clearly inform the officer of your non-consent in a polite manner.
5. If you are issued a summons (ticket), sign it. Signing a ticket is not an admission of guilt - only an acknowledgement of receiving the ticket. However refusal to sign a ticket could result in your being arrested and facing additional charges.
6. If you are suspected of drunk driving, cooperate with the officer(s) on the scene. If you refuse to submit to a breath, blood, or performance test, your refusal may be interpreted as an indication of guilt in later court proceedings. This could result in loss of driving priviledges and/or heavy fines.
7. Get out of the vehicle if you are asked to do so.
8. Most officers will not provide specific reasons for the stop until they have your license and registration in hand. Therefore they will avoid having to debate the reason for the stop before they receive these items from you.
9. If you wish to offer an explanation of your circumstance when stopped, do so before the officer returns to his/her vehicle. The officer cannot void the summons (ticket) once it has been written. If you believe you have been treated unfairly, present your case in traffic court and not to the officer at the scene of the traffic stop.

1. First, make sure each individual is really a law enforcemnet representative by requesting to see a badge and/or identification card. Be pleasant but serious.
2. Make sure the officers are at the correct house by asking, "How can I help you?" and/or "What brings you to my residence?" They should have a warrant, be actively investigating a crime, or be in "hot pursuit" of an individual(s) suspected of committing a crime and running into your house. If the officers do not have a warrant or are not in "hot pursuit", you can deny entry.
3. Determine the type of warrant - body or search. A body warrant menas that the officers are seeking an individual and, therfore, cannot search drawers and places not large enough for an individual to hide. A search warrant allows officers to search all places in which the items listed on the warrant can be hidden.

1. When you are taken into custody, make sure that your house or car is secure.
2. Make sure you have been informed as to why you are being arrested. NOTE:A lawyer should be called as soon as possible. The advice of an attorney is extremely important early in the process. And remember, you have the right to legal counsel being present before you answer any questions.
3. Under no circumstance should you make incriminating statements which may be used against you at a later time.
4. In most states, you must be taken before a magistrate, constable or court commissioner within twenty four (24) hours of your arrest. You should secure legal representation before this initial court appearance.
5. You have the right to make one (1) phone call to the person of your choice; USE IT. You also have the right to privacy during the call. If this right is denied, do not cause a confrontation that might result in additional charges being filed against you.
6. You should always have the number of a lawyer or person you can rely on to get you an attorney if your lawyer is unavailable. Keep a record of that number, as well as the name and number of a lawyer from the local Public Defender's office in your wallet or purse.

A Final Word Of Caution

1. Do not resist arrest for any reason.
2. Control your emotions.
3. Do not make threatening motions or statements to the officers talking to you.
4. Never attempt to interfere with the arrest of others who may be with you.
5. Always note the name of the officer(s) with whom you come in contact.
6. Report cases of officer misconduct immediately following your release from police custody.
7. Record, document, and describe any case of officer misconduct in a typewritten statement. Have you summary of the incident notarized within seventy two (72) hours of its occurrence.

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