What to Do When Stopped By the Police

A pamphlet by the National Black Police Association of how to behave when confronted by the police.

After watching a young woman getting Tazed by the police for refusing to get off her cell phone and get out of the car, after being stopped for a minor traffic violationI could not help thinking about myself .
Back in the day I would sometimes lie awake in my cell at night and entertain fantasies of playing games with the police'. Nothing illegal. I just wanted to aggravate the hell out of them. Like, when I got legit I would buy myself a brand new fancy car, pull up along side a police car at a light and act like I was really nervous and suspicious. I figured a young black man in an expensive car was enough grounds for suspicious as far as the cops are concerned, but the nervous act would clinch it. What I wanted was for the police to pull me over thinking it was a stolen car. Then just when they thought they had a bust, I would whip out the registration with my name on it. I'd give the cop a cocky little sneer in the corner of my lips, as if to say, "nah nah nah nah nah nah!". In my fantasy, the cop would feel foolish and get into his cruiser and drive away in shame. That was my fantasy. I thought that would be amusing. I could not think of anything else to do but, mess with the cops. I was going to purposely draw police attention toward myself to prove that I was legit.
I learned firsthand what they were talking about shortly after being paroled. I was driving home from work one night at 10 p.m. when I was pulled over by a policeman in a small town outside Trenton, NJ, called Ewing. I was certain that I was not speeding and I was unaware why I was being stopped. It occurred to me that this may be what I had fantasized about, during some of my more unproductive idle moment in the joint. Getting stopped by the police when my stuff was correct. The officer walked up to the car with his body kind of crouched, his hand positioned on his gun that was halfway out of the holster, carefully peeking into the car like at any moment he expected an ambush from inside my car.
I wanted to lean out the window and yell, "BOO!". But I didn't. When he finally crept up to my window, he peeked inside and shined his flash light all in my face first and then around the inside the car. The officer relaxed a little when he saw that there was no one else in the car. He asked me for my license, registration and insurance card. I was tired and a bit annoyed by this time, so I admit that there was a little edge to my tone when I asked, "could you tell me why I was pulled over?"

"Your license, registration and insurance card, sir".

Damn, he just blew my question off altogether. That was it, Now, I was pissed off.

"What the hell you fucking with me for tonight? What, you ain't got anything better to do? I have a right to know why I am being stopped. If I did something wrong, let me know. If not then push the fuck off, cause you ain't got no bust here . . . "

That is what I said in my mind. To the cop, I said nothing and just handed him my papers. It was also about then that a feeling washed over me that this was no fun at all. I began to think about all the things that could go wrong out there that night. If he calls my license in and it comes back that I am on parole, the next thing you know I will be a suspect in something. I sat there on the side of this semi desolate road for over 30 minutes with the high beams and spotlights of the police car behind me illuminating the inside of my care like a fish aquarium. I was very thankful when he finally gave me my ticket for failing to come to a complete stop at a stop sign, and I was on my way home again.

When dealing with the police, it is best to be intelligent about the situation. Most of the time the police are going to come out on top if things turn into a confrontation. Just keep cool because it is not worth the hassle. I recently read a pamphlet called "What to Do When Stopped by the Police". The pamphlet was put out by B.O.L.E.S. (Black Officers Law Enforcement Society), of Trenton, NJ and the National Black Police Association in Washington, DC.

1. WHAT TO DO WHEN STOPPED BY THE POLICE

The basic materials in this manual were prepared by the police and Community Enterprise Project PACE. The National Black Police Association, an umbrella organization representing over 30,000 dedicated Black police officers nationally, stands for unity, justice and peace. The NBPA exists to help prod law enforcement agencies to be sensitive to the needs and concerns of Blacks, other minorities, women, and poor people. We hope that this pamphlet will be helpful. We urge, however, that you do not rely on it as a legal advisor. But we hope the information presented here will keep you from having to go to jail.
It Could Happen To You. What is your name? Where do you live? Have you got any identification?
These are very simple questions. They can be answered very easily by almost everyone. But when a police officer asks these questions, it can cause a lot of problems both for the officer and for YOU. Most times there is a reason why he is asking you such questions although it may seem to you that there isn't. He may be investigation a complaint phoned in to the police by someone in the neighborhood. He may have been informed by police radio that there has just been an armed robbery. For one reason or another you may be the one who he suspects. You may have knowledge that will help him in his investigation. Or, he may think that you are having trouble. Sometimes he may be going about getting his answers in the wrong way by not respecting YOUR RIGHTS. Sometimes you may overreact to his questions and create an even more serious situation.
We will attempt to explain what rights you have, what things you should remember and what you can expect when a police officer starts asking you a lot of questions . . . it could save you from answering a lot more unnecessarily.

• If You Are Stopped By The Police In Your Car
• If You Are Stopped By The Police On The Streets
• If The Police Knock At Your Door

Remember

2. IF YOU ARE STOPPED BY THE POLICE IN YOUR CAR

If you are driving a vehicle the officer can ask you to pull over at any time. You will probably be asked to produce your driver's license and registration of the vehicle. This you must do if he asks for them. The best thing to do is pull over and sit tight. If you are stopped at night, turn on your dome light and show him that nothing is wrong. It is best to do nothing that would give him reason to search further. Having your lights on and your hand on the steering wheel will usually put their minds at ease. Then, when he asks you for your id, you can go about getting it.
Chances are that he is about to write you a ticket for a traffic violation. Of course, you may start to explain at this point but that is as far as you should take it. Be careful about how you protest. He may start checking your whole car out for Vehicle Code Violations. It is unfortunate but true. A simple traffic violation can end up costing you a fortune in other violations. If you think that he gave you a bum ticket, then take your protest to Traffic Court.

3. IF YOU ARE STOPPED BY THE POLICE ON THE STREET

Most of the problems that you may have with the police can be avoided at the time they first stop and question you. Remember they think that they have reason (probable cause) to stop you and ask you so questions. At this point you should stop and get yourself together. Whether or not you are arrested may just depend on how much of you have gotten yourself together by the time you have to answer who you are.

There are many factors that a police officer will take into consideration when he is observing you and thinks that you are up to no good. Every situation is different and he will usually consider the following factors:

• when you are running and a crime has just been reported in the area.
• if you are hanging around people who are under police investigation for one thing or another.
• you are near an area where a crime has just been reported.
• you are somewhere he thinks people have no reason to be at that time of day or night.
• you are acting in a way that appears to him to be very suspicious, and you act even more suspiciously when he sees that you have spotted him.
• he thinks that you have stolen property in your possession.
• he stops you on the street on in you car and you refuse to answer simple questions, give false or evasive answers or make contradicting statements.
• some one has pointed you out to him.
• when you tell him that police are pigs or start badmouthing him . . . You may be saying the wrong things at the wrong time.

While all these things are taken into consideration by the officer in determining whether he should stop you or ask you more questions.

HE (the Police Officer) MUST RESPECT YOUR RIGHTS NOT TO ANSWER ANY QUESTIONS THE MINUTE THE QUESTIONS SOUND LIKE YOU ARE BEING ACCUSED OF ANYTHING.

4. IF THE POLICE COME KNOCKING AT YOUR DOOR

If the police knock at you door and ask to come I to your home you do not have to let them in unless they have a warrant that has been signed by a judge. If they have a warrant, ask for a copy of it first. If it is an arrest warrant make sure you look at the name on the warrant to make sure they have the right person. If it is a search warrant make sure it is for your specific address and note to see what is listed on the warrant to be searched for in your home.
If the police do not have a warrant you may but do not have to let them in unless they insist on coming in. Perhaps you can settle this matter at the door. If they do insist over you objections then be careful to:
First, ask for a police badge.
Second, ask them what there purpose is for coming into your home.
Third, let them in only if they insist upon coming in.
Fourth, if you object then tell them that you do not consent to any search of your home.
Fifth, remember the badge number, what they looked like and the time of day. Write it all down.

Whenever the police take any of your property they are required to give you a written receipt for it. If the police don't offer you one then don't hesitate to ask them for it. They are not required to give you a receipt for property intended to book as evidence such as stolen goods, guns, etc.
The police may also search without a warrant whenever they have arrested a person. They may search his person and the area around near where the arrest was made. If made in the home that means where the arrest was made.
They may also search after consent has been given. So if you object make sure you make it clear that you do not consent to any kind of search. They may also search when there is an emergency (for example, someone screaming for help inside your home), or they are chasing you or someone else into your home.
The police may also search without a warrant whenever they have arrested a person. They may search his person and the area around near where the arrest was made. If made in the home that means where the arrest was made.
They may also search after consent has been given. So if you object make sure you make it clear that you do not consent to any kind of search. They may also search when there is an emergency (for example, someone screaming for help inside your home), or they are chasing you or someone else into your home.

5. REMEMBER

• IF THE POLICE STOP YOU THEY THINK THEY HAVE A REASON TO DO SO.
• IT IS BEST TO BE CALM AND IDENTIFY YOURSELF.
• IN MANY SITUATIONS YOU CAN TALK YOUR WAY INTO JAIL JUST AS WELL AS YOU CAN TALK YOU WAY OUT OF JAIL.
• BY YELLING OR THREATENING A POLICE OFFICE, THE BEST YOU CAN DO IS GET YOURSELF ARRESTED . . . AND WHO NEEDS THAT.

Well, there you have it. That is what the Black police officers say we should do when we are confronted by the police. You know the cops don't hate anything worse than a smartass Black man who knows his rights. All I can say is, with the police may not help all the time, but it can't hurt. I say carry a mini video cam with you everywhere. Good luck.