WHAT IF YOU’RE STOPPED BY THE POLICE.
HOW SHOULD YOU REACT? © 2016
Not too infrequently, cell phone videos capture deadly police shootings of Blacks, when less than lethal force could have been used. We know most police officers are professional. Yet there are poorly trained and often biased police officers out there who may have traded in the sheets and hoods of the KKK for blue uniforms.
However, here are a few ways you can minimize the likelihood of a fatal encounter.
If you’re stopped by the police, remember this. You can ask why you’re being stopped but that is no time to debate the matter. If the stop is improper, just hold your tongue. If you think the stop is unwarranted or if you’ve been mistreated, you can make a complaint later. But don’t be belligerent nor should you do anything to provoke the officer. Police officers, as authority figures, do have rights. That said, you have rights as well.
If you’re stopped by the police, here are some frequently asked questions:
Question: Do I have to comply if ordered to leave a public area by a police officer?
Answer: If you disobey a police officer's order to leave, you may be arrested. But is the order legal? It depends on why the officer is asking. If you are disrupting traffic, on private property without permission, or otherwise breaking the law, then the order is legal. But if the officer is requesting that you leave a public space because he or she disagrees with your message, the order is not legal.
Q: Can I record video of police?
A: It is legal to openly record on-duty police officers in public spaces. Some state laws may prohibit filming anyone in a public space without their consent, but there is doubt about whether those laws are constitutional. However, an officer may arrest you if you are obstructing an investigation.
Q: Can an officer search me on the street with no warrant when I am not under arrest?
A: There are limited circumstances under which an officer can search someone without a warrant who is not under arrest. They are:
• Voluntary consent. If an officer asks you for permission to search you or your possessions and you voluntarily say yes, the officer has the right to do so.
• Reasonable suspicion. If police have reasonable suspicion that you are engaged in criminal activity, they may stop you briefly. If they have reasonable suspicion that you may be carrying a weapon, they may pat you down for weapons. However, they may not conduct a full search unless they have probable cause to arrest you.
There are other exceptions for when police can search a home or a car and its passengers.
Q: How can a curfew trump my right to assemble and protest?
A: The government has the right to impose curfews in certain emergency situations to protect the lives, safety and property of citizens. However, it is unconstitutional if the curfew is imposed only to prevent a peaceable assembly.
Q: If I'm walking in public and an officer asks to speak to me, do I have to stop?
A: This is considered a voluntary encounter. The officer has the same right to request that you speak to him as any other person would, but you do not have to answer, nor do you have to stop. Ask the officer if you are free to go. If police have reasonable suspicion to believe you are engaged in a crime, they may detain you briefly to investigate.
HOW SHOULD YOU REACT? © 2016
Not too infrequently, cell phone videos capture deadly police shootings of Blacks, when less than lethal force could have been used. We know most police officers are professional. Yet there are poorly trained and often biased police officers out there who may have traded in the sheets and hoods of the KKK for blue uniforms.
However, here are a few ways you can minimize the likelihood of a fatal encounter.
If you’re stopped by the police, remember this. You can ask why you’re being stopped but that is no time to debate the matter. If the stop is improper, just hold your tongue. If you think the stop is unwarranted or if you’ve been mistreated, you can make a complaint later. But don’t be belligerent nor should you do anything to provoke the officer. Police officers, as authority figures, do have rights. That said, you have rights as well.
If you’re stopped by the police, here are some frequently asked questions:
Question: Do I have to comply if ordered to leave a public area by a police officer?
Answer: If you disobey a police officer's order to leave, you may be arrested. But is the order legal? It depends on why the officer is asking. If you are disrupting traffic, on private property without permission, or otherwise breaking the law, then the order is legal. But if the officer is requesting that you leave a public space because he or she disagrees with your message, the order is not legal.
Q: Can I record video of police?
A: It is legal to openly record on-duty police officers in public spaces. Some state laws may prohibit filming anyone in a public space without their consent, but there is doubt about whether those laws are constitutional. However, an officer may arrest you if you are obstructing an investigation.
Q: Can an officer search me on the street with no warrant when I am not under arrest?
A: There are limited circumstances under which an officer can search someone without a warrant who is not under arrest. They are:
• Voluntary consent. If an officer asks you for permission to search you or your possessions and you voluntarily say yes, the officer has the right to do so.
• Reasonable suspicion. If police have reasonable suspicion that you are engaged in criminal activity, they may stop you briefly. If they have reasonable suspicion that you may be carrying a weapon, they may pat you down for weapons. However, they may not conduct a full search unless they have probable cause to arrest you.
There are other exceptions for when police can search a home or a car and its passengers.
Q: How can a curfew trump my right to assemble and protest?
A: The government has the right to impose curfews in certain emergency situations to protect the lives, safety and property of citizens. However, it is unconstitutional if the curfew is imposed only to prevent a peaceable assembly.
Q: If I'm walking in public and an officer asks to speak to me, do I have to stop?
A: This is considered a voluntary encounter. The officer has the same right to request that you speak to him as any other person would, but you do not have to answer, nor do you have to stop. Ask the officer if you are free to go. If police have reasonable suspicion to believe you are engaged in a crime, they may detain you briefly to investigate.