There are a lot of things we should know by now that we have not been taught in school. Reproductive health and how credit scores work are things we are left to figure out on our own — with the help of Google. But some young adults in New York are no longer guessing when it comes to interacting with law enforcement.
The principal of New York’s Eastside Community High School joined forces with the New York Civil Liberties Union to offer a two-day training session for students and community members who wish to learn how to behave when pulled over or visited by a cop at their residence.
Principal Mark Federman started the program after hearing students complain of “bad experiences” with police officers. Federman told the New York Post that he doesn’t want to portray the police in a negative light and is only trying to arm the students with necessary information on their rights.
It doesn’t matter if I’m walking by a cop or a security guard at Walmart. For some reason, I get nervous when people in charge of keeping peace are nearby. I don’t even have to be breaking a law to feel guilty about it. It’s as if they could just come up with a reason to take me away to jail.
Of course, these are irrational anxieties. I’m a 20-year-old white female living in a conservative state. I’ve talked my way out of a traffic ticket before. But for some living in the shadow of unfortunate stereotypes, it can be dangerous to go unarmed into a conversation with a police officer.
No, I’m not advocating for every person to carry firearms in case an interaction with a cop becomes forceful. We have to arm ourselves with information about our rights.
While the laws vary according to the state, the American Civil Liberties Union produced a pocket-sized brochure to give a general guideline for peaceful interactions.
The police officers who sign up to protect and serve America are human. They are biased, emotionally-driven and not immune to the racial inequality in our nation. This is a problem that can change, but it’s going to take a while to change. And until then, we have to stay safe.
Knowing your rights and responsibilities:
If you are stopped for questioning:
1. Stay calm. Don’t run. Don’t argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them.
2. Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
3. You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself.
4. You do not have to consent to a search of yourself or your belongings, but police may “pat down” your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.
If you are stopped in your car:
1. Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.
2. Show police your driver’s license, registration and proof of insurance upon request.
3. If an officer asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.
4. Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent.
If the police come to your home:
1. If the police come to your home, you do not have to let them in unless they have certain kinds of warrants.
2. Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside.
3. Even if the officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.
If you are arrested:
1. Do not resist arrest, even if you believe the arrest is unfair.
2. Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. If you can’t pay for a lawyer, you have the right to a free one. Don’t say anything, sign anything or make any decisions without a lawyer.
3. You have the right to make a local phone call. The police cannot listen if you call a lawyer.
If you feel your rights have been violated:
1. Police misconduct cannot be challenged on the street. Don’t physically resist officers or threaten to file a complaint.
2. Write down everything you remember, including officers’ badge and patrol car numbers, which agency the officers were from and any other details. Get contact information for witnesses. If you are injured, take photographs of your injuries (but seek medical attention first).
3. File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.
4. Contact your local ACLU representatives.
Jana King is a 20-year-old communication studies junior from Ponchatoula, Louisiana. You can reach her on Twitter @jking_TDR.
Cops 101: American youth should educate themselves on rights to avoid bad experiences with police
By Jana King
December 1, 2014
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