What to do when interacting with police.
What to do when interacting with police.
So you've been pulled over by the police, now what? First, remain calm! While this may sometimes be difficult, it is probably the most important thing you can do. Remember, police officers have a difficult and dangerous job. They are often on edge and trained to be skeptical. Getting agitated and loud will only make the officer shut down and become more aggressive. Remaining calm and polite will keep them calm and polite.
You have a right to remain silent. The 5th Amendment to the U.S. Constitution as well as Article 1, Sec. 6 of the New York State Constitution says that you have an absolute right to keep quiet and not say anything that could be used against you in court. Now that doesn't mean you can ignore the police officer. They are permitted to ask certain things, and the courts have said you have to answer certain questions such as your name and provide identification. Aside from that, you can answer by stating that you refuse to answer any questions without the presence of an attorney.
You may ask if you are free to leave. Unless the police officer is detaining you for purposes of issuing a summons/ ticket or the officer is placing you under arrest, you have the right to leave. Simply ask the officer if you are free to do so. The officer must then tell you whether you may leave or whether you are being detained or arrested. If you are free to leave, walk away calmly and quietly. Do not run. Do not say anything else to the officer. In 1976, the New York Court of Appeals, the state's highest court, decided a case called People v. Debour, which explains the levels of police encounters and what they are allowed to do at each level. This decision has been followed by almost every state in the union and is a useful guide to interacting with police.
You do not have to consent to a search of your car or yourself. The 4th Amendment to the U.S. Constitution and Article 1, Sec. 12 of the New York State Constitution protects all persons from unreasonable searches and seizures. Generally, the police cannot search you at all without a warrant. However, there are exceptions. If the police feel they are in danger or at risk, they may frisk you over your clothing to check for weapons. They may also search fully after an arrest in what is called a 'search incident to arrest.' Finally, they may search you if you give them consent to search you.
If the police ask to search you or your vehicle, simply say that you do not consent to a search. If they proceed to search you or your vehicle despite your refusal, STAY CALM. Do not argue with them or attempt to get in their way. This can place you at risk of arrest for obstructing government activity, which is a misdemeanor in New York. Try to remember as many details as possible such as names, badge numbers, the date and time, and what was said between you and the police. Take this information and tell your lawyer as soon as you can.
If you are arrested, you have the right to an attorney. Forget everything you have ever seen on TV or Law & Order. The police DO NOT- I repeat- DO NOT have to read you Miranda Warnings when they arrest you. This is only required if they arrest you and seek to question you after your arrest. In New York, the courts have taken this a step further and required Miranda warnings if the police intend to question you while in their custody, meaning you are not formally under arrest yet, but you are also not free to leave. Do not speak or make any statements after your arrest unless you have an attorney present.
DO NOT RESIST ARREST. If you only listen to one thing I have said here today, listen to this. Do not, under any circumstances, resist an arrest. Even if you think your rights have been violated, cooperate and allow your attorney to challenge this in court. The street is not the proper place to argue or challenge an arrest. YOU WILL NOT WIN. You will only make things worse. The police are not there to listen to your story or make judgments about your guilt or innocence. They are also untrained in the law, for the most part. They aren't lawyers. Arguing the constitution to a police officer is like speaking French to a chihuahua. It is useless.
At any point if you feel your rights have been violated, contact a lawyer or in cases where you are arrested, speak to your lawyer when you get before the judge. Let them challenge these constitutional violations in court. If you are injured by the police there are several steps you can take. The first is to tell your lawyer what happened. Then you can file a complaint with the appropriate authority; in NYC it is the Civilian Complaint Review Board. Finally, in some cases you may be able to pursue criminal charges against the police or sue them in state or federal court for civil rights violations. But always consult with an experienced lawyer before you take any action.