Guidelines For Interacting With Law Enforcement Officers

[K9 Police]

Guidelines For Interacting With Law Enforcement Officers

Law enforcement is both a difficult and dangerous profession. During the last decade hundreds of officers have been killed or injured. Even the most routine traffic stop or citizen contact has the potential for danger. Police officers are trained to place a great deal of emphasis on their personal safety and survival. Even though you may have no intention of harming the officer or another person, the officer may maintain a defensive posture until they believe the risk of a confrontation or injury is diminished. Although the safety procedures that officers use may appear offensive or extreme, they have been proven necessary to protect both the officer and others from harm.

Staying out of trouble is the easiest way to avoid negative contacts with police officers. Hanging out with the wrong crowd or loitering in an area where crime is common increases your chance of being approached by officers investigating individuals suspected of or associated with criminal activities. If you are stopped, questioned or detained by a police officer, approach him or her with respect. Even if you feel as though you are being unjustly stopped or questioned it is in your best interest to cooperate.

If You Are Stopped By The Police While In Your Car...

-As soon as you notice the police emergency lights pull your vehicle over to the right immediately.

-Although you might not know the reason, you should pull over right away. You may have committed a traffic violation without realizing it. There may be some problem with your vehicle of which you are unaware.

-Remain in your vehicle while the officer approaches. Exiting your vehicle does not assist the officer and may be perceived as a threat. For the officer's safety and yours, remain in your vehicle.

-Turn on your interior light if stopped at night. A well lighted car interior will reduce the officer's concern regarding weapons or other possible threats within your reach.

-Keep your hands out in the open, preferably on the steering wheel where they can be easily seen by the approaching officer. Reaching under your seat or into your glove box when the officer can't see what you are doing are actions that will cause the officer concern that you may be reaching for a weapon.

-Give your license and proof of insurance to the officer if asked to do so. Minnesota law requires a driver to turn over this information upon request by a uniformed officer or an officer in plain clothes who displays proper identification. Most officers will not provide a specific reason(s) for the stop until they have received your license and insurance card. This is to avoid debating the reason for the stop prior to acquiring this necessary information.

-If you wish to inquire as to why you were stopped or offer an explanation, do so before the officer returns to his or her vehicle. Answer all questions honestly. Information pertaining to prior arrests or traffic violations is easily verified via the police dispatcher. Touching or threatening a police officer or acting in a disorderly manner could result in the filing of additional charges against you and you could be arrested. If the officer asks you to step out of your vehicle, do so without any sudden or threatening movements. Give the officer approximately 2½-3 feet of "personal" space as a safety zone to do his or her job. Remain in your vehicle at all times unless told to do otherwise. Do not become argumentative or abusive. If an officer has already written a ticket, it cannot be voided at that time. If you believe that you have been unfairly treated, DO NOT make that argument on the side of the road. Your best alternative is to carry your protest into court.
If The Police Stop You On The Street:

-Innocent individuals are often offended or angered, or both, because an officer has detained them for questioning. Although the delay might be inconvenient for you, the officer believes there is a reason (reasonable suspicion) to stop you and ask questions. Most of these stops are not self-initiated. The most common reasons that cause an officer to stop someone are as follows:

-You might be one of only a few people walking around in the vicinity of a crime that has recently occurred.

-Your clothing might be similar or identical to that worn by the perpetrator of a crime.

-Someone may have called the police complaining about your presence or that you looked "suspicious."

-Someone may have pointed you out to the officer.

-You might be acting in a manner that the officer considers "suspicious" and you may act even more "suspicious" after realizing that the officer is observing you.

-The police officer does not wish to detain you any longer than necessary. Once the officer is able to determine that you are not the individual that he or she is looking for, the officer will often apologize for the inconvenience and then quickly leave to resume the search.

In All Police Encounters...

-Avoid making sudden movements (for your wallet, into your coat, toward your waistband, etc.) until you have informed the officer of your intention to do so and the officer has said it's okay.

-Do not carry weapons (real or otherwise) or even joke about having a weapon on your person.

-Do not touch the police officer. Law Enforcement are most comfortable with a 2½ - 3 feet "safety zone. "

-Remain calm and avoid being argumentative. (If you are uncooperative and refuse to answer reasonable questions, the officer is likely to ask more questions and the encounter will probably last much longer than necessary.)

-Comply first, then you may seek an explanation from the officer or the officer's supervisor later.

*Taken from http://www.ci.stpaul.mn.us/depts/police/stop.html*

I thought that this would give some good guidelines to the citizens on the forum in regards to law enforcement stops. Kudos to the Saint Paul Police Department for creating a very valuable and useful document to citizens.

K9

[rdp]

One issue is the "Don't carry weapons" part.

Carry whatever you want as long as you are doing it legally. When stopped by the police, tell the officer I have XX weapon in the car. That is all I ask.

[K9 Police]

Excellent point. It should be noted this was written before the new CCW law was enacted in MN. Don't have to worry about CCW in Wisconsin....YET!

K9

[Norm357]

Originally posted by K9 Police
Excellent point. It should be noted this was written before the new CCW law was enacted in MN. Don't have to worry about CCW in Wisconsin....YET!

K9

Why would you worry about CCW?

[Officer Moe]

I would like to add the following if I may:

To all you criminals out there:

If you have commited a crime and get pulled over for a traffic violation within short time frame and the officer doesn't pull you out of the vehicle at gunpoint...don't start blasting under the assumtion you've just been busted for the bank robbery that just occured or whatever. You might just have a headlight out. I hate seeing headlines of slain officers on a routine traffic stop.

If you did just rob the bank and the police have a description of YOU they will normally wait for back-up most of the time and will be prepared for an armed confrontation or a pursuit, thats when you know you've been caught.

Wanted to say that for a while if it makes sense to any of you out there.

[EX_529]

Good posting.

I would add one more thing. Your attitude as a cop to the citizens you interact with usually sets the atmosphere of the contact. If you act like a punk, then be prepared to be treated as one. If you show command presence without the attitude, then you will be received much better. A recent contact with the local PD proved my point. The first officer on the scene took control of the situation yet never acted profane or overly aggressive. The second officer screamed and yelled, belittling the people involved (it was a minor altercation at a convenience store). This officer ended up spending the day answering two IA complaints. (from other people not involved in the altercation)

[sgtbear111]

If you are a parent, or know someone who is - if you, family, and kids (under 12 or so) are in a restaurant and some police officers come in for a break -

1) Don't tell your kids that the cops are here to arrest them. It isnt a joke, and kids should feel OK to approach a police officer.

2) Dont tell your kids that that big old gun is for little kids who misbehave.

3) The police can take you away if they want to....the police car is right outside....

4) I could go on......

Police officers mostly dont like to be interrupted during their breaks. But, like everything else there are exceptions: kids.

Kids sometimes approach cautiously with a question, or want to look at the police car. This is a time for a child to learn to trust their police officers. I still remember the extra time a Seattle PD officer took to answer my questions - when I was about 6 years old. When I was about 9 or 10, the SPD was working radar in my neighborhood, several of us kids watched from the sidewalk. The officer with the radar let us look in the right window of his car and tried to explain the radar and Doppler principle in a way we would understand, but at age 10......it was more fun to watch the motorcycles and white patrol cars go roaring off after speeders. They cited a few of my neighbors too.

[Stump]

Great point, Sarge!!!
I was reading an Arthur book to my niece, and there is one part where Arthur and his sister are walking around town reading signs. They had just passed a policeman, and saw a sign that said "Stay off the grass" and the sister said "You'd better stay off the grass or the police will come get you!". I didn't like that, so I told my 3 year that "The police wouldn't 'come get you', they would just talk to you and explain you shouldn't... yada yada". She knows that I work with police and she has a great respect and love for them because she knows my feelings about them.
It really does start at home.

[Zendik]

I found this while surfing.......
Link

Always Be Calm And Polite

First and foremost remember that police are people too, and also remember that law enforcement is a difficult and dangerous job. With that in mind, you should always deal with the police in a calm, polite, and professional manner. But being polite does not mean that you should ever, under any circumstances, give up your rights.

Never Admit To Anything

You have no obligation to answer any question. If you are in your car, you must provide license, registration, and insurance. Anywhere else, you have no requirement to provide any information, and you cannot be arrested for not talking to the police. However, never badmouth or obstruct the police. If you are being arrested or detained, you have a right to know why. If not, ask if you are free to go and if so leave immediately. Everything you say to the police is important, and may be recorded without your knowledge. Never offer any extra information. lf you do answer questions, keep them very short and to the point, and most important, Never confess - it does not help you.

Insist On Seeing A Lawyer

You have a legal right to speak with a lawyer. Never speak to the police without at least consulting one. If you speak to the police without a lawyer, you have given up one of your most important rights. Never agree to go to the police station to answer questions or submit to interrogation.Never confess - it does not help you.

Always protest A Search

Even if the search is by a court ordered warrant you should always make it very clear that any entry onto your premises is fully against your wishes, and that YOU DO NOT CONSENT IN ANY WAY TO THE SEARCH. Never cooperate in a search - it does not help you.

Never Invite The Police Into Your Home, Office or Car

Any lack of protest can be considered an invitation. If they ask if they may enter, and you do not immediately voice your strong protest, this may be construed as an invitation on your part. This voids your right to privacy, and you lose this right later in court. Never cooperate in a search - it does not help you.

The Police Can and Do Lie

The supreme court has upheld that the police can lie to you for any reason. The police cannot lie in court, or in official documents, (although some do). If you ask a plain-clothes police officer if they are the police, they can lie and say that they are not (this is one of the most common misunderstandings by citizens if you ask an undercover cop if they are the police, they can legally say no, and claim to be something else). In fact an undercover police officer can take illegal drugs with you to "prove" they aren't police. The police can lie about evidence they have about you (they can fabricate ''fake'' evidence to convince you to confess, for example). Fake evidence cannot be used in court, but if it makes you confess, it no longer matters. Never confess - it does not help you.

Be Aware Of Your Body Language and Eye Movements

Be conscious of your body language and eye movements. The police (especially interrogators) are very well trained in reading your body language and eye movements. These are involuntary movements that you make, and reveal your state of mind, and even if you are lying or telling the truth. Remain calm, do not react to questions, and never offer any information or answer a question you do not want to. Never confess or cooperate in a search - it does not help you and it will not make the justice system more lenient on you - EVER.

Most important: Remember that the justice system is never more lenient on you when you give up your rights. Confessing or cooperating will only make things harder on you. When you give up your rights, you also give up any hope of being treated fairly. Always be polite and courteous, but never cave in and waive your rights. EVER.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Well now, since I am surrounded by LE, what do you guys think about all that above?

[Scruit]

I think there are situations where a law-abiding person may make his contact with the police officer more involved than it needs to be by doing certain things, ie if the officer asks to search your car and you know your car is clean then it may be easier to let him do a quick search and send you down the road after 2 mins than to be forced to wait for a drug dog to come out etc.

However if you think you are guilty then you should follow all of the above advice. There may be situations where you think you are guilty of a crime but in fact you may be guilty of a lesser offence or not actually guilty at all given the precise wording of the law. Especially if your liberty is at stake, you need a lawyer. Remember you are not entitled to a lawyer until after the booking process is completed (however you are entitled to decline to answer questions until the booking process is completed and your lawyer arrives)

I would think it's also better to allow an illegal serach to take place than to physically prevent it. You can file a motion to suppress the illegally obtained evidence later, but you cannot file a motion to suppress the Resisting Arrest charge they will slap on you.

[yahcanmicrowave]

Zendik

I think your source was the ACLU website.

I agree with the posting, but most people are not smart enough to follow this advice. Unfortunately most criminals are savvy on their rights and thats when I run into problems.

[EricTheBald]

Originally posted by rdp
When stopped by the police, tell the officer I have XX weapon in the car. That is all I ask.

I would argue that unless the issue comes up, or rather is brought up by the cop, that this is a topic best left alone.

=======================

Scruit -

Regarding the search issue...
My personal opinion is that this is an excellent time for a citizen who isn't carrying anything illegal to make a quick roadside bargain.

Although it has only happened to me twice in the last dozen years, both times I was able to trade full permission to search everything for an agreement to give me a break on the underlying traffic ticket.
(once in Louisianna, once in Pennsylvania)

[ttaylor40353]

I carry a rifle behind the seat in my truck. I keep the shells in the dash. If i were ever pulled over I would take it as a normal traffic stop. If the officer asks if i have anything in the vehicle that he/she should know about. I would tell them that yes i have a rifle behind the seat and where the ammo is. Honesty earns respect!!!

[ousoonerfan3]

[QUOTE=EricTheBald]I would argue that unless the issue comes up, or rather is brought up by the cop, that this is a topic best left alone.


I believe the best way to handle this is upon initial contact, calmly and politely state with your hands in plain sight: "I am a licensed to carry a concealed weapon. The pistol is (on my waist, in the glovebox, in my pocket). What would you like me to do?"

In Oklahoma:
TITLE 21 § 1290.8. Possession of license required-notification to police
of gun http://www.osbi.state.ok.us/SDA2003LAWBOOK.pdf

C. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop...Any violation of the provisions of this subsection shall, upon conviction, be a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00), by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment. In addition to any criminal prosecution for a violation of the provisions of this subsection, the licensee shall be subject to a six-month suspension of the license and an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Bureau that the person in violation of the provisions of this subsection.

[Retread720]

As far as weapons go it would be well advised to consider your surroundings. If you live in a rural or country setting where rifles and shotguns are common place telling the officer will probably be no big deal. In fact, if you reside in these areas the officer may already have assumed that you have a rifle or shotgun in the truck. Just carry the weapon as perscribed by your local law and custom and you should be fine. (A rack for the window is not tooo expensive).
The opposite may be true for urban/city areas.