How do I say “No” to the Police?
Provided by HG.org
You have been stopped, either in a car, in a public place, or walking down the street, and an officer asks you to do something you do not think you should have to do. This would probably be a request to search your person or vehicle. So, when an officer asks you to empty your pockets, allow a search of your car, or for some other consent to search, how do you say “no” without bringing on more suspicion and a possible arrest?
Unfortunately there is no easy answer to this because the nature of most police-citizen interactions are very unique to that particular situation. Tensions can be high and an officer may interpret any dissent as hostility or suspicious behavior, so tread lightly. The trick is to remember these guidelines:
1. Stay Calm. Speak calmly and slowly and do not be surprised if the officer becomes irritated, angry, or belligerent. Move slowly and keep your hands in plain sight at all times (do not put them in your pockets or behind your back).
2. Ask Questions. One way to say “no” is to ask questions in response:
"Is that a request or an order?"
"Am I under arrest?"
"Am I free to go?"
"Why do you want me to _______?"
"Am I a suspect in a crime?"
3. Just Say No. Another way to say “no” is to very clearly and simply say no:
"No, I would like to leave."
"No, I do not consent to any warrantless searches."
"No, you do not have my permission to search me / my car / my belongings."
4. Reduce Tensions. Do everything you can to alleviate the tensions and seem peaceful and cooperative. If an officer thinks you might be dangerous, the courts have ruled that they have a greater authority to force you to comply.
5. Do Not Resist. Do not argue with the officer, do not touch the officer, do not run, do not complain, and whatever you do, do not threaten the officer in any way, even if it is a legally justifiable threat like “I am going to contact your commanding officer.” Chances are, your threat will elevate the tension and result in something very unpleasant happening to you.
6. Comply When Required. Knowing when you are required to comply can be difficult. Of course, there is no question that compliance is required the moment an officer draws a gun, baton, pepper spray, etc. If they make you do something through force, your constitutional rights are not as important as staying healthy and alive. You can challenge the arrest in court if your rights are violated, but that will not matter much if you end up dead or spending months in the hospital.
7. Be Understanding. Remember, police have a very difficult job and most are doing their best to try to keep their communities safe. When it comes to dealing with unusual or strange individuals or confronting drug issues, officers can make a few bad snap judgments. But most officers are doing it because they want to make the world a safer place, so let them know you respect them and are on their side.
8. Ask for a Lawyer. As soon as it becomes clear that you will be arrested, ask for a lawyer and then keep quiet. Police will try to get you to talk, but remember, you have the right to remain silent. Use it!
Won't Saying “No” Get Me In More Trouble?
The short answer to this is, of course, yes and no. A lot is dependent on your rapport with the individual officer(s) and the circumstances at the time of the encounter. Saying “No” to a police officer should be done gently to avoid enraging them so you do not handled more roughly. Saying “No” to a warrantless search may cause a police officer to harass you further to try to get you to comply. Saying “No,” however, is usually the best idea when it prevents you from being arrested, such as if you actually do have something that you would rather the police not find. Even if the officer ignores your denial at least you have created a possible defense that will cause any improperly obtained evidence to be suppressed and of no use in proving your guilt at trial. If you simply agree to a search, you have no grounds to dispute the evidence. There is such a thing as being too helpful!
It is common to have an officer 'ask' forcefully first and if the suspect says “No,” they threaten to arrest them and take them to the station. They say things like "if you don't open your trunk / pocket / whatever for me, I can arrest you and we can open it up down at the station." Often officers will imply that if the suspect cooperates, the cop will go easier on them. While it is true that a police officer controls whether you are arrested or not, very few police officers will overlook anything illegal they find in a search (including very small amounts of cannabis), so do not buy this ploy. It may seem counter-intuitive, but you are better off forcing an officer to arrest you without a warrant or probable cause in order to carry out their search than to simply go along with it and seal your own fate.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
1. Stay Calm. Speak calmly and slowly and do not be surprised if the officer becomes irritated, angry, or belligerent. Move slowly and keep your hands in plain sight at all times (do not put them in your pockets or behind your back).
2. Ask Questions. One way to say “no” is to ask questions in response:
"Is that a request or an order?"
"Am I under arrest?"
"Am I free to go?"
"Why do you want me to _______?"
"Am I a suspect in a crime?"
3. Just Say No. Another way to say “no” is to very clearly and simply say no:
"No, I would like to leave."
"No, I do not consent to any warrantless searches."
"No, you do not have my permission to search me / my car / my belongings."
4. Reduce Tensions. Do everything you can to alleviate the tensions and seem peaceful and cooperative. If an officer thinks you might be dangerous, the courts have ruled that they have a greater authority to force you to comply.
5. Do Not Resist. Do not argue with the officer, do not touch the officer, do not run, do not complain, and whatever you do, do not threaten the officer in any way, even if it is a legally justifiable threat like “I am going to contact your commanding officer.” Chances are, your threat will elevate the tension and result in something very unpleasant happening to you.
6. Comply When Required. Knowing when you are required to comply can be difficult. Of course, there is no question that compliance is required the moment an officer draws a gun, baton, pepper spray, etc. If they make you do something through force, your constitutional rights are not as important as staying healthy and alive. You can challenge the arrest in court if your rights are violated, but that will not matter much if you end up dead or spending months in the hospital.
7. Be Understanding. Remember, police have a very difficult job and most are doing their best to try to keep their communities safe. When it comes to dealing with unusual or strange individuals or confronting drug issues, officers can make a few bad snap judgments. But most officers are doing it because they want to make the world a safer place, so let them know you respect them and are on their side.
8. Ask for a Lawyer. As soon as it becomes clear that you will be arrested, ask for a lawyer and then keep quiet. Police will try to get you to talk, but remember, you have the right to remain silent. Use it!
Won't Saying “No” Get Me In More Trouble?
The short answer to this is, of course, yes and no. A lot is dependent on your rapport with the individual officer(s) and the circumstances at the time of the encounter. Saying “No” to a police officer should be done gently to avoid enraging them so you do not handled more roughly. Saying “No” to a warrantless search may cause a police officer to harass you further to try to get you to comply. Saying “No,” however, is usually the best idea when it prevents you from being arrested, such as if you actually do have something that you would rather the police not find. Even if the officer ignores your denial at least you have created a possible defense that will cause any improperly obtained evidence to be suppressed and of no use in proving your guilt at trial. If you simply agree to a search, you have no grounds to dispute the evidence. There is such a thing as being too helpful!
It is common to have an officer 'ask' forcefully first and if the suspect says “No,” they threaten to arrest them and take them to the station. They say things like "if you don't open your trunk / pocket / whatever for me, I can arrest you and we can open it up down at the station." Often officers will imply that if the suspect cooperates, the cop will go easier on them. While it is true that a police officer controls whether you are arrested or not, very few police officers will overlook anything illegal they find in a search (including very small amounts of cannabis), so do not buy this ploy. It may seem counter-intuitive, but you are better off forcing an officer to arrest you without a warrant or probable cause in order to carry out their search than to simply go along with it and seal your own fate.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
