Tuesday, June 9, 2015

How to Interact with Law Enforcement: A Short Guide



                After having enough cases involving African Americans killed at the hands of law enforcement, a veil of fear has been cast over this nation.  Millions of people worry that they too will not survive a police encounter or someone they love may be shot dead by a cop.  Michael Brown was shot multiple times over robbing a store.  Eric Gardner was strangled for selling cigarettes without a license.  Walter Scott was shot in the back for a broken tail light.  Freddie Gray was brutalized by the cops, which fatally injured his spine – all because he ran from them. 

                Police officers spend thirty weeks training in an academy.  They learn to handle a variety of situations.  Schools should give lessons on how to behave when a police officer is present.  Why?  The way you act can influence the outcome of the encounter.  The officers who killed Brown, Gardner, Gray, Scott, and others were wrong.  Scott’s killer, Officer Michael Slager, was arrested and charged, but the other officers in the three other cases were not.  It is wrong that the justice system lets them keep their badges.  BUT – media induced rage will not help with your next encounter with law enforcement.  Those bad cops were wrong, but this is a guide to help you prevent a bad experience.

                The reason why I am writing this is to help people understand how to communicate and handle situations involving law enforcement.  I hope that these tips will be beneficial and reduce tension for all people involved.  The goal is to get through it and be on your way.  DISCLAIMER:  I can not guarantee that these tips will save your life or even get you out of a ticket.  Do not blame me if you get arrested for committing a crime even though you may have used these guidelines.  A crime is still a crime.  Also, I understand that there are bad cops who are reckless, and these tips might not work.  This guide is for dealing with a regular, mentally healthy police officer.  If the officer is calm, you can keep him/her calm.


Mindset
                I’m not one of these people who tells you “Change your attitude.”  You can have whatever opinion you want.  Though, when you interact with a cop, you need to put your negative opinions or emotions aside.  In cop encounters, there are three major vices:  Wrath, Pride, and Fear.  The first one deals with anger toward law enforcement, the second is about ego, and the third is in the nerves.  If you have any of these traits, you need to clear your mind of them at the time of meeting an officer.
                Wrath.  You may have had bad memories involving a cop, or you are incensed by the media and your peers.  You may have known someone close who was a victim of police brutality.  You may have lost a friend to a police officer’s bullet.  You could have dealt with an unnecessarily rude officer, or one who gave you a hefty fine for something silly.  Maybe you are just tired of reading about abusive cops or seeing videos of bigoted cops.  The statistics of racial profiling may be weighing down on your nerves.  The result is a strong resentment for law enforcement.
                How to calm this wrath:  You want to get through this encounter, right?  You don’t want to die?  You need to put your bad memories aside.  Think about the situation at hand – in the present.  Forget about the media for a minute or two.  The media sells more ads with emotionally charging stories.  Here are some things to keep in mind about police.
1.       Not all cops are the same.
2.       The cop is a human being like yourself.
3.       We need law enforcement because of murderers, rapists, burglars, child molesters, muggers, etc.

Some officers are good, and some are bad.  Not every cop is like the one that hurt you or anyone close to you.  They are all Homo sapiens.  They just want to eat, sleep, do their jobs, and come home.  They have families just like you.  They have hopes and dreams just like you.  They have hobbies and interests.  We need law enforcement or else there would be pure chaos.  It is chaotic that some police agencies are corrupt and allow bad cop behavior.  That is true, but we need laws.  Laws mean nothing if they are not enforced.

Pride.  Some people don’t like to be told what to do, or be bossed around.  When I speak of pride, I mean it in the egotistical, arrogant sense of the term.  Youths want to believe they are tough and can be unmovable in tense situations.  To be submissive sounds weak.  To obey is subverting to another person’s will.  Letting someone else be dominant is like letting yourself be humiliated.  Pride in oneself is lowered to modesty, a modesty that the authority figure seems not to have.  If everyone is equal, then why should one person have more power than another person?  Do you think along the same lines?
How to keep the pride inside:  You are free to be yourself, express yourself in infinite ways, but there are situations where we have to alter our behavior.  The way you talk to your friends is not the same way you talk to your parents, teachers, or cops.  In police scenarios, you need to put your pride aside.  You may think you are cool, but are you too cool to continue living?  Don’t think you can win an argument with a cop.  Taking an order is not a bad thing.  You don’t have to prove to yourself that you are strong.  You will not lose your individuality from being submissive for ten minutes.  All your character and your attributes are still in you.  Here are some things to consider.
1.       Not obeying a cop is defiance.
It will only lead to argument and possibly a citation. 
2.        Don’t think you have to be the dominant, “strong” one.
If you don’t want to be dominated with handcuffs, then don’t try to dominate them.
3.       As human beings we are equal, but as citizens there is a distribution of power.


Fear.  With all the police related deaths in media, it is easy to feel afraid of cops.  It’s not unusual to think, “Am I going to be shot and killed too?”  Parents fear for their children becoming the next victims.  When a fearful person interacts with police, the breathing becomes heavier, and the voice becomes shaky.  When someone is afraid during police situations, it seems like probable cause that the person is hiding something.  It is construed as an emotional admission of guilt.  Though, that is not necessarily the case.
How to communicate fear:  If you feel afraid, tell the officer why you are afraid.  You can admit that you fear cops because of the media.  You can express that you don’t want to be killed or harmed by cops.  A compelling statement would be, “I don’t want to end up dead like Michael Brown or Eric Gardner.”  If you had a traumatic childhood experience involving a police officer, feel free to inform the cop.  You don’t have to divulge any of the details, but letting an officer know that you had a bad experience would be helpful.  These ideas make an officer stop and think; prevent him/herself from becoming the next bad cop to make national news.  Communicating our emotions helps both parties.  Here are three points to remember.
1.       Tell the officer why you feel afraid.
2.       Tell the officer that you don’t want to shot or hurt.
3.       Fear is an emotion, and emotions are a part of being human.  It’s nothing to be ashamed of.



The Do’s and Don’ts of Police Interaction
                Here is a list of things to apply to a variety of situations whether it is a traffic stop or a police officer approaches you.  Some of these are obvious, but I can’t leave them out.  I hope that this list helps people of any age, race, ethnicity, and socio-economic status.

Do

-When a cop pulls you over, keep your hands at your side until the officer approaches your car. 
Any movement can be interpreted that you are hiding something or finding a weapon. 
(I learned this in graduate school.)
-Calmly greet the cop with, Good morning, Good afternoon, or Good evening.
-Address the cop as “Officer.”  (Not, hey you, hey Man, Mister, Look lady, dude, etc.)
-Let the cop ask for your license, registration, and proof of auto insurance.  THEN, retrieve it.
-Ask in a calm, polite tone, “Is there a problem officer?”
-Listen more than speak. 
                The officer may have important information that you need to hear.
-When you need to tell an officer your situation, be thorough, accurate, and articulate.
-If you have a difference in opinion of whatever happened, argue calmly.  State your view, but this does not mean they will waive a citation.
-Listen and answer the officer’s questions.
You can refuse to answer a question that is too personal, and state that in a calm tone.  Generally the questions should be noninvasive.  Not answering a crime related question could lead an officer to believing you are hiding something.
-Follow the officer’s instructions.
There are exceptions because bad cops do exist, but for the most part, instructions are safe and legally sound.  For example, if they tell you to put your hands up, do so. 
-Let the officer decide when the encounter is over.  They will tell you, “Okay, you can leave now.”


Don’t

-Do not use imperative statements toward an officer.  Don’t tell them what to do.
-Do not tell the officer to arrest someone.  That is their decision.
-Do not raise your voice.
-Do not interrupt the officer.
-Do not touch the officer in any way.
-Do not retort, or be argumentative.
-Do not make any derogatory statements.
-Do not point at the officer when talking.
-Do not make any hand motions if you engage in an argument.  It looks aggressive.
-Do not curse or make obscene gestures.  In some states, you could be arrested for that.
-Do not run away from law enforcement.
                They will see this as probable cause and want to question you.
-Do not drive away before a cop finishes a traffic stop, and do not drive away because the cop is taking too long.
-Do not attempt to physically fight a cop.
-Do not grab any of their weapons or the belt containing them.
The officer will see this as life threatening, and this could ultimately lead to death of anyone involved in the incident.
-Do not say hostile things after being arrested.
“You have the right to remain silent,” does not mean, “You have the right to shut up.”  It means that you don’t have to self-incriminate.  It is your Fifth Amendment right.  Anything you say can be held against you later in a court room. 
-Do not try to compensate and plea your innocence after being arrested.
You might accidentally make yourself look like a guilty party, whereas an attorney may have a better understanding of your situation and better prove your innocence.  The Fifth Amendment applies, and the Sixth Amendment is your right to counsel with an attorney.




© 2015 Caroline Friehs 

Originally posted on:  June 9, 2015



References

Calamur, K (2015 Apr. 9).  S.C. Dashcam Video:  A Broken Tail Light, A Routine Traffic Stop, A Fleeing Man.  NPR.com.  Retrieved from:  http://www.npr.org/sections/thetwo-way/2015/04/09/398615265/s-c-dash-cam-video-a-broken-tail-light-a-routine-traffic-stop-a-fleeing-man

Hermann, P & Woodrow Cox, J (2015 Apr. 28).  A Freddie Gray Primer: Who was he, how did he die, and why is there so much anger?  Washington Post.  Retrieved from:  http://www.washingtonpost.com/news/local/wp/2015/04/28/a-freddie-gray-primer-who-was-he-how-did-he-why-is-there-so-much-anger/

Philadelphia Police Department (2015).  Hiring Process.  [Police website].  Retrieved from:  https://www.phillypolice.com/careers/hiring-process/index.html