What To Expect And How To Respond In Police Encounters?
Most of us don’t look forward to encounters with police, nor do we even know what to expect when an encounter seems imminent. The experience can be intimidating and nerve-wracking, but having a good grasp on what to expect and how to respond can improve the outcome of any encounter, as well as limit the chances of running into additional trouble with the law.
Whether someone is walking down a public street, carrying on within the confines of a private space such as their home, or being pulled over when operating a vehicle, a police encounter can happen at almost any time. In every instance, an officer who initiates an encounter with someone will be keenly observing their behavior and making notice of even the smallest details of their person. Unfortunately, this level of observation can lead an unsuspecting individual into trouble they didn’t foresee, as many actions we carry out on a daily basis—while seemingly lawful—can be considered legal violations. Regardless of the circumstances surrounding an interaction with the police, the following guidelines can be useful in minimizing the negative effects of these unsettling and uncomfortable encounters.
Important Guidelines for Police Encounters—Regardless of Where They Occur
Regardless of where a police encounter occurs—in public, in private, or in a vehicle—there are certain guidelines which should always be followed:
- Treat the officer with respect, remain calm, and do not threaten or otherwise behave inappropriately around the officer. One false move or statement has the power to completely change the dynamic between an officer and a citizen, and quickly lead to unintended and unwanted consequences.
- Remain conscientious of physical movements and body language so as not to unintentionally threaten the officer. For example, rather than abruptly reach into a back pocket to retrieve a license or cell phone, an individual should first announce what they are going to do so that the officer anticipates their movements and does not assume that they are reaching for a weapon. It’s also important to not make movements in the direction of the officer or touch them in any way, as any contact or attempted contact between an individual and an officer during an encounter could quickly be misconstrued and devolve into a situation of violence, whether real or perceived.
- If an individual is unsure as to whether they are going to be arrested or detained by an officer, they should ask whether or not they are free to walk away. Choosing to walk away without first asking whether or not that is okay could lead an officer to believe that the person is fleeing, which could lead to an arrest.
- During any encounter, it is helpful if an individual takes a mental inventory of their environment, including the location, witnesses to the encounter, the events that are occurring, and the name and badge number of the officer to whom they’re speaking. These details could prove very helpful down the line if a case must be built in their defense.
- Remember that requesting an attorney is within the rights of every individual who has been stopped by a police officer. Oftentimes, invoking the Fifth Amendment right to remain silent until a defense attorney advises otherwise can go a long way in preventing statements which could later be used by the prosecution or considered incriminating in any way.
Types of Police Encounters that Occur in Public Places
Contrary to what many people believe, a police officer can initiate a conversation in a public place with anyone at any time, for almost any reason. Even prior to an officer approaching someone in public, they will be observing every move they make and looking for signs of criminal activity, regardless of how friendly or nonchalant they seem to be. There are three main types of police encounters that occur in public: those that are consensual, those that are based on a reasonable belief that someone is in need of assistance, and those that are based on reasonable suspicion of criminal activity.
In most cases, a consensual encounter will be initiated by an officer asking an individual if they are willing to speak for a moment. Under such circumstances, it would be entirely within an individual’s rights to politely decline to speak with the officer, and to leave at any point in time. Oftentimes, the reason an officer approaches someone to begin with is because they suspect they’ve been involved in criminal activity; the purpose of initiating a conversation is to gain additional evidence or a statement which could be used to support their suspicion. One misconception that many people have is that an officer must read a person their rights prior to asking them any questions or initiating a consensual encounter, but this is not the case; the Miranda rights only need to be read once a person has been placed in custody and is being questioned.
The second type of police encounter that occurs in public places is referred to as a community caretaker encounter and is driven by an officer’s reasonable belief that a person is having a medical emergency or is otherwise in need of help. For example, if an officer were to see someone sitting awkwardly or laying down at the bottom of a staircase, they might have legitimate concerns that the individual fell, is injured, or is otherwise suffering from a medical condition that has rendered them unable to stand. The officer might approach the individual and ask if they are okay. It is not uncommon for casual encounters to lead to arrests. For example, if instead of finding an injured person at the bottom of the staircase they were to find an intoxicated person, then that person may be arrested for public intoxication or other charges associated with illegal substance abuse.
The third common type of police encounter is one that is based on an officer’s suspicion of an individual’s involvement in past, current, or future criminal activity. For example, if someone matches the description of someone who was reported to have just robbed a convenience store, an officer would have grounds for reasonable suspicion to initiate a stop. When an officer stops someone whom they believe to be involved with criminal activity, the suspect must provide the officer with their name, address, and an explanation of what occurred or what could have led the officer to believe that a crime has or will be committed. When providing an officer with these answers, it is best to keep statements as short and straightforward as possible so as to avoid providing additional, unnecessary, and potentially incriminating information. An individual under these circumstances maintains the right to remain silent and request an attorney, as well as ask to leave the situation.
For more information on Responding In The Case of A Police Encounter, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (877) 315-5107<.b> today.
