"Therefore, rejoice, O heavens and you who dwell in them!
But woe to you, O earth and sea, for the devil has come down to you in great wrath, because he knows that his time is short!”
The technical language of the legal system, "Legalese" sounds almost exactly like English but is not, mainly depending on questions being asked by the person representing the State being answered by the person representing the (suspected/insinuated) Property of the State.
If you are a "free being on the land, of reasonable mind" who isn't licensed to speak Legalese (eg., is not a lawyer/attorney) which includes most of us, then there is zero need to answer any questions from police.
Only lawyers speak legalese so refrain from doing so to civil/public authorities and use your attorney as your translator.
During interviews, a police officer is also allowed to lie in order to extrapolate information from a citizen causing them to implicate themselves in some sort of criminal transaction.
Many criminal convictions occur needlessly because of the defendant's will to speak to police who are sworn to contrarily report and giving an uncharitable spin to anything you should say to them or to anyone in their presence.
So as a general practice, I speak to the police (and civil servants) only when absolutely necessary.
NOTE: We encourage all readers to contact a lawyer periodically to make/be certain that their name is free and clear of actionable/arrest-able violations and warrants.
There are also court-appointed programs that you can request which can offset some of the damage done by legal reprisals.
If you can, comply and adhere to all court-appointed courses, programs and appearance dates for best results.
With that said, let's begin with the strategy/protocol algorithm.
Q: The police are here to talk to me. What do I do?
CAUTION: The results of the following depend on your name being "clean and clear" of actionable/arrest-able offenses and upon maintaining a polite disposition.
A:
IF YOU'RE AT HOME:
* Be cool.
* You may acknowledge your presence to the police from behind a locked door.
If the door has no window, then any information exchanged can be done using the slot underneath or left at the door which is also customary in banking and many other transaction counters.
If you open the door, then they can create a scenario to where entering the property is justifiable in a court of law ("Exigency") so keep your own boundaries in check.
* Enact your Fifth Amendment/Miranda Rights and keep your conversational mouth closed.
* If police come to your door without being called/requested by you and if their help is unneeded by you, then you may simply decline to answer the door at all.
Unless they have a warrant, they will eventually leave.
Now...
* If you wish to disengage from the police, then tell them politely that you do not answer questions.
They may try to initiate an interview by asking other seemingly harmless questions or trying to start a dialogue through the door; in which case, to every question politely retort "I do not answer questions", resting upon your Rights until they concede and leave.
-END OF SCENARIO-
..or...
* If you wish to engage the police face-to-face (not recommended but if you feel as though you have no other choice), then tell them that you need a moment to get properly dressed and to wait just a moment and that you'll come out to meet them.
Meanwhile, exit from an alternate door and lock it behind you and cautiously come around to the front where they await, focused on the front door for your return.
You therefore (regardless of any possible warrants, need to "interview", etc.) satisfy their request without having your home’s security being compromised to them.
* Keep both your hands out of your pockets and either together in front of you or out by your sides so they can easily see them at all times.
To police, unseen hands are a sign of aggression.
* Enact your Fifth Amendment/Miranda Rights and keep your conversational mouth closed.
* If they ask if they can either to come inside or to search the premises, politely reply "I do not consent (to any searches or seizures) without a warrant".
And still, your reply to any questions/requests from them, is (politely) "I do not answer questions", resting upon your Rights until they either serve you with the warrant and detain you or concede and leave.
-END OF SCENARIO-
NOTE: Frankly, there is no more that can be accomplished by coming outside to meet them as opposed to addressing them through a locked door other than to surrender one's self to them.
If it is a matter of interview/conversation, then unlocking a door or coming outside is completely unnecessary and ill advised.
IF YOU'RE IN A VEHICLE:
* Be cool.
* shut off your engine and remove the key.
* Remain inside. Getting out of your auto before they've asked you to will be met by force of Exigency.
* Keep both your hands on the upper portion of the steering wheel so they can easily see them at all times. To police, unseen hands are a sign of aggression.
* Never mind searching for your papers before they get to the car. To police, frenetic movement inside the car looks like an attempt to hide something. Let them ask to see your papers before you go rummaging around for them.
* You may address the police (in this case) from behind a closed auto door with the window lowered 2-3 inches, so that any information exchanged can be done through the open slot which is also customary in banking and most other transaction counters.
Windows opened too far down give the police a way to again claim Exigency so keep your own boundaries in check.
* Address them as "sir/ma'am".
* Comply with their initial request for proper and relevant identification/registration.
* You may alert them that you're about to grab your ID now, to comply, from your wallet/purse.
* Move slowly, calmly and deliberately without jerky motion.
* If they ask if you know why they pulled you over, politely reply "no".
* You may politely ask why they pulled you over.
* During the time it takes for them to process your information back at their vehicle (apx. 15-30 minutes) there is time to use your own phone if you wish.
You may alert them that you want to make proper arrangements by phone (to call your lawyer, parents, guardian, etc.) so that your sudden phone use may be respected.
*If they begin to interview you by casual conversation, politely reply "I'm not discussing my day (sorry)".
* Enact your Fifth Amendment/Miranda Rights and keep your conversational mouth closed.
NOTE; ABOUT PASSENGERS:
While it is believed that an officer may not identify/interview a passenger, they indeed may attempt to not only identify them but to try to interview the passenger(s) as well. In which case, they should likewise politely comply with the same understanding of their Right to answer no questions and to withhold/give no consent.
THE INTERVIEW SESSION:
Be friendly but only give commands/requests, avoiding too much conversational chatter between you both.
* If they begin to interview you by casual conversation, politely reply "I'm not discussing my day (sorry)".
* If they ask you to let them search your car, politely reply "I do not consent to any searches or seizures".
* If they want to escalate by threatening to call in a K-9 unit, politely reply "again, I do not consent to any searches or seizures".
* To file a motion to disengage, politely ask "am I being detained, or am I free to go?"
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But don't say it like this guy here! |
Now...
IF THEY PROCESS YOUR NAME AND ITS CLEAN, DECLARING YOU "FREE TO GO":
* Reclaim your papers, thank them for their cooperation and vacate the premises as soon as possible.
NOTE: They may issue you tickets anyway based on the current pull-over; take the tickets and review them with your chosen counsel.
-END OF SCENARIO-
However...
IF THEY PROCESS YOUR NAME AND ITS NOT (WARRANTS), DECLARING YOU "DETAINED":
* Be cool.
* Allow them to remand/arrest you.
A warrant may be issued for various smaller reasons (eg., "Failure To Appear "in court, unpaid tickets, etc.) and it doesn't mean that you're necessarily doomed to a life in prison just because you now have one.
It only means that you currently owe the State/Federal government money, haven't been in proper contact and they want to talk to you about it; kind of like in Star Wars, when Jabba The Hutt sends a bounty hunter to bring him Han Solo who owes him money.
The worst that could happen in this case usually is having to come up with anywhere from $200-500 that day for bail/bond and a new court date to be rescheduled via friends and family that may believe in your good character.
If you have a felony warrant, it can cost considerably more money and possibly some jail time to satisfy.
* During the time it took for them to process your information back at their vehicle (apx. 15-30 minutes) there was time to use your own phone if you wished; hopefully you used your opportunity to call for your own counsel.
* When the officer will return to you, reporting that you have an outstanding issue with the Court and will have to to be arrested/remanded/taken into custody, remain cool and prepare to surrender with dignity.
* At this point, rest upon your Fifth Amendment/Miranda Rights until you contact your lawyer/counsel and then keep your conversational mouth closed.
* By this time, another unit (police car and officer) will arrive to take you to their precinct while the initial officer stays behind to wrap up recording/writing down all the data including points of conversation and to arrange impounding of your automobile.
* Comply when they ask you to step out of the automobile and allow them to empty your pockets of all possessions.
* Keep both your hands out of your pockets and either together in front of you or out by your sides so they can easily see them at all times.
To police, unseen hands are a sign of aggression.
NOTE: At this point, the police will have you out of your car/truck possibly with the door open. While you still may insist on giving no consent for a search/seizure of your automobile, the warrant may trump your command by this point.
* Stay quiet; allow them zero statements from you unless anything you say will certainly be held against you in a court of law, which is where you're headed at this juncture.
Rest upon your Fifth Amendment/Miranda Rights, until you contact your lawyer/counsel, and until then keep your conversational mouth closed.
About now, one of the officers will place you in handcuffs.
NOTE: Depending on your demeanor and pending charge, they may allow you the dignity of cuffing your hands in front of you instead of behind you.
But they aren't obligated to, so if they do, then respect this courtesy until they must revert to rear handcuffing before bringing you inside the precinct ("for their safety").
-END OF SCENARIO-
FINAL TIPS:
* Be smart and stop the problem before it begins! Refrain from engaging in any illegal activities that could lead to your engagement with law enforcement (i.e., speeding, driving under influence, traveling with illegal cargo aboard, doing crime in general, etc.).
* Contact a lawyer periodically to make/be certain that your name is free and clear of actionable/arrest-able violations and warrants.
In cases of violation(s), upon court there are also court-appointed programs that you can request which can offset some of the damage done by legal reprisals. If you can, comply and adhere to all court-appointed courses, programs, mandates and appearance dates for best results.
* Regardless of any scenario outside of a traffic stop, always stay (if you can help it) at least 8-10 feet away from any police or civil servant at all times. Any closer and you can be arrested and/or charged with "interference of police duties" or “obstructing an investigation” especially if you're watching or filming in their immediate vicinity while on a "call".
* If you ever have to hand anything over to them (i.e., your license, registration, etc.), make sure you hand it to them calmly and politely unless it may be interpreted as a sign of aggression, opening one up to the charge of "assaulting a police officer".
* Sometimes, having to interact with the police can just plain ol' make you angry enough to curse. Avoid cursing if you can; it just gives them ammo to claim that you're "exhibiting violent behavior" justifying their resorting to "takedown" mode before you know it. Also refrain from making snide or sassy comments to them. The best thing you can say to them to show your power and authority is absolutely nothing.