What to Do if Stopped by Police
This brief summary of do's and don'ts when encountered by a law enforcement officer can help you avoid arrest, and, if arrested, help with your defense.
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Keep Your Hands In View at All Times
You never want to give a police officer any basis to truthfully say he was in fear for his safety or life. Keep your hands where the police can see them and do not make sudden movements. -
Be Polite and Stay Calm
No matter how abusive the police get, stay calm and be polite. Your ability to stay calm even if the police officer is agitated and unprofessional could result in the officer calming down and the situation de-escalating. -
Ask If You Are Being Detained
Ask the officer politely if you are being detained or if you are free to go. If the officer says you are NOT being detained, walk calmly away from the officer. -
Do NOT Speak Without Your Attorney Present
No matter how much you want to say something to defend yourself against accusations the police may be throwing at you, do NOT talk to the police without your attorney present. Other than asking if you are free to go, telling the police your name and birth date, refusing searches, and telling the police you want your attorney, you should not say anything else to the police--ever. -
Refuse ALL Searches
If the police ask for permission to search you or an area, refuse politely but firmly. If the police start to search an area or your body without your consent, tell the police you do not consent to the search. -
Do NOT Touch or Resist an Officer
Regardless of how much the officer is angering you, do not touch or resist the officer. The only exception to that rule is if you need to resist to prevent bodily harm or death from the officer's actions. In other words, self-defense against the police is legal. But, remember, it will be difficult to prove to a jury, so defend yourself only as a last resort. It is much better to calmly submit to the officers, be arrested, and fight the original charges rather than have to fight resisting arrest and/or battery on a police officer charges, too. -
Record Audio or Video
If possible, and if your state laws allow you to do so (California DOES allow you to), record video of the entire police interaction. If you cannot get a video recording, at least audio record. Make sure you follow all applicable state and federal laws. -
Write Down What You Remember Immediately Afterwards
Whether you video or audio record or not, immediately after you leave the police officer's presence, write down everything you remember about the encounter. This information should include the date and time of the incident, the officer's name and badge number, the weather conditions, who was with you, any witnesses, whether you recorded the incident, what the officer said/did to you, how you responded, etc.
