What is the best approach to dealing with police encounters?

 

Best Practice is to Exercise Your Rights Safely

 

• Always be polite, respectful, and keep hands visible
• Furtive gestures and or sudden movements can be considered probable cause.
• Respond to the officer by stating yes or no Officer.
• Reduce Exposure to Suspicion by being aware of how officers perceive you, or your vehicle.
• During Traffic stops only crack door/window unless ordered to open fully
  Clarify and ask officer if his or her statement is an order or a request. A request is not an order. You do not have to respond to a request.
• Politely ask if you are under arrest or if you are free to leave.
• Keep questionable items out of plain sight:
  prescription bottles / medicine, bongs, Pipes, hookahs, rolling papers, measuring scale, firearms/weapons, etc.
• For Medical Marijuana Patients and caregivers it is imperative to be aware of the smell associated with the medical use of marijuana.
• There are many devices, containers and bags and other that contain the smell or what would otherwise be a basis to detain and investigate.
• The transport Law, albeit in conflict with the MMMA, requires that patients and caregivers transport their medical marihuana in the trunk of the vehicle or in an enclosed case if the vehicle does not have a trunk.
• Politely ask if you are under arrest or if you are free to leave.
• Ask the questions if you are free to leave often
• Omitting to ask if you are free to leave is the equivalent of voluntarily staying
• Politely ask for the cause or reason for the police officers action Officers must articulate observed suspicions
• Do not argue with the officer
• Maintain composure
• If requested to do anything, clarify you will if it’s “an order”
• Record or immediately write down your encounter
• Videotaping the police in public is lawful and often times a video tape or any recording of the incident can make all the difference of your case should you be charged with a crime.
• Report any violations of your rights
• Record the events of the encounter by noting or writing them down.
• Identify any witnesses that may have observed the encounter.

 

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What are the things I need to be aware of during these encounters that can increase my liabilities or cause me more problems?

 

When the target of an investigation, a person should never…

 

• Make misrepresentation, Lie or give false documents
• It is better to say nothing, assert your right to a lawyer or to remain silent instead of providing false information.
• Michigan criminalizes lying to or misleading a police officer. MCL 750.479c

 

When the target of an investigation, a person should never…

 

• Answer questions.
  Give consent to search your person, property or residence.
• Searches of any kind must be based upon a search warrant.
• Argue, resist, run, or obstruct– even if your rights are being violated

 

Filming your encounter with police:

 

During police encounters it is advisable to be mindful of recording the incident. Many criminal cases have selective memory. Recording the encounter can impact the outcome of your case should you be charged with a crime.

 

You may video and audio record police performing official duties in public.

 

In these situations what are the Police not allowed to do?

 

AN officer may NOT:

• The video or recording of the police officer encounter cannot be confiscate, and the Police may not demand to view, or delete without a warrant.

 

In these situations what am I not allowed to do?

 

An individual may NOT:

• Interfere with the officers’ duty [ex. “stand back!” do so.
• If the officer is investigating a crime, chances are his or her patience with your answers will be lessened, so make sure your answers are concise and clear that you have no intentions of talking without your lawyer being present, and that you are invoking your right to remain silent.
• Physically resist– if officer reaches for your device, do not resist, just report it.

 

 

 

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Remember

• Refusing to answer questions is not an admission of guilt
• Asserting your right to remain silent is not an admission of guilt
• Demanding to have your lawyer present during any questioning is not an admission of guilt
• Refusing a search is not an admission of guilt.

 

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Related Links

• See The Know Your Rights Library Index Here
• See The United State Constitution here

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