How do I deal with police on the street?
In any given public police encounter, the below rules will help protect your rights and improve your odds of walking away safely.
Determine the Reason You've Been Stopped
Just as police may approach a citizen and initiate a conversation, you have the right to terminate such "voluntary" conversations. Legally, an officer must have reasonable suspicion to believe you're engaged in criminal activity in order to escalate the encounter into a legal detention.
Clip from the DVD, Busted: The Citizen's Guide to Surviving Police Encounters
But because officers are not required to tell you if you're free to leave a voluntary encounter, it's up to you to determine if you're being detained or if you're free to go. Before answering an officer's questions, you may courteously ask "Officer, am I free to go?" If you're free to go, then go. If the officer's answer is unclear or she asks additional questions, persist by repeating "Officer, am I free to go?"
If you're not free to go, you are being detained. The officer might have some reason to suspect you of a crime, and you may be arrested. In such a situation, your magic words are "I'm going to remain silent. I would like to see a lawyer." These magic words are like a legal condom. They're your best protection if you're under arrest.
Never rely on police to inform you of your right to remain silent and see a lawyer. Repeat the magic words as necessary, but say no more. Remember that anything you say can and will be used against you in court.
Always Be Calm & Cool
Under no circumstances should you ever talk back, raise your voice, or use profanity with a police officer. Being hostile with police is stupid and dangerous. You can't win that game.
You Have the Right to Refuse Search Requests
If they have reasonable suspicion to detain you, police may frisk the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed.
If police frisk you, you have the right to clearly state your refusal to consent to the search. For example, you may say "Officer, I'm not resisting. I do not consent to this search." But you should only verbally refuse. Never physically resist. Just touching an officer could get you tasered or beaten. You could also get a felony charge for assaulting a police officer.
Refusing a search request is not an admission of guilt and does not give the officer the legal right to search or detain you. In fact, most avoidable police searches don't occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests.
The 4th Amendment protects your right to refuse search requests, but you must clearly state your refusal for the protection to legally apply.
(See also "If I'm not doing anything wrong, why not let police search me?")
Don't Run!
If you see police approaching, don't run under any circumstances. If police see someone running away, especially in a "high-crime" neighborhood, that gives them reasonable suspicion to immediately chase and stop him. Sometimes people fleeing the police out of panic have even been shot at.
If you see police approaching, stand your ground, and be prepared to assert your rights. But don’t run.
Can I See Some ID?
During a street encounter, police may request to see your ID. While there are no state laws requiring citizens to carry ID of any kind, many states require you to identify yourself if police have reasonable suspicion to believe you're you're involved in criminal activity.
But how would you know if an officer asking you do identify yourself has reasonable suspicion? Remember, police need reasonable suspicion to detain you. One way to tell if they have reasonable suspicion is to determine if you're free to go. You may do this by asking "Officer, are you detaining me, or am I free to go?" Repeat, if necessary.
If the officer says you’re free to go, leave immediately and refrain from answering any additional questions.
If you're detained, you'll have to decide whether withholding your identity is worth the possibility of arrest or a prolonged detention. For example, in cases of mistaken identity, revealing who you are might help to resolve the situation quickly. Knowing your state's laws can help you make the best choice.
(See "When do I have to show police ID?")
