5 Strategies For A Police Encounter

At some point, you’ve had a police encounter. Whether you were speeding, jaywalking, or doing something decidedly worse, officers are charged with protecting you and others from unlawful behavior.

Most people feel jittery when speaking to police. The very engagement with our best in blue makes us question if we have done something wrong. To help ease this anxiety, let’s look at police encounters from the source.

Types of Police Encounters

You should first know the three tiers of engagement to help you recognize why an officer may be talking with you.

• Consensual Encounter: This type of encounter can be ended at any point by either party (you or the officer). Such an encounter does not require evidence or probable cause, and you are free to leave, refuse to answer questions, decline to identify yourself and ask the officer to leave your property. This is the most frequent type of encounter.
• Arrest: When an officer makes an arrest, she or he must have probable cause. To establish probable cause, law enforcement must be able to point to objective circumstances leading a reasonable person to believe that you have committed a crime. You are not free to leave, and the officer has grounds to search without additional probable cause.
• Investigative Detention: This encounter is less severe than an arrest; however, you are not free to leave. This type of stop must be supported by observable facts; however, the officer need only be suspicious that a crime has been, or is about to be, committed. During such an encounter, you would be especially wise to adhere to the following five police encounter tips to avoid arrest.

Tips for a Police Encounter

Stay calm and silent

Atlanta Criminal Defense attorney Richard Blevins shares his best tips for managing interaction with police.

1. STOP. Do not be tempted to avoid police contact. Even if you are unsure the cop is tracking you, there is no harm in stopping. If the officer is not pursuing you, they will carry on with what they are pursuing. They have bigger fish to fry.
2. Stay calm, don’t argue, don’t resist, don’t flee. Keep your hands in plain sight and make no sudden movements. Doing the opposite of any of these will get you a ticket to a holding cell or staring down the barrel of a pistol. At the end of the day, an officer stopped you due to suspicion of wrongdoing and must exercise caution to protect others and themselves.
3. The right to remain silent. Police are trained to encourage people to offer more information than they are asking about. When possible, answer ‘yes’ or ‘no’ and only answer what is asked. If at any point you feel uncomfortable, exercise your right to remain silent and consult with an attorney.
4. You do not have to consent to a search. Cops need probable cause to conduct an arrest or search. If a search is requested, you can say no.
5. Ask if you are free to leave. At any point, you may ask if you are free to leave. Again, an officer needs probable cause to make an arrest; however, lack of handcuffs does not mean you are free to leave. Ask first, walk away when consent is given.

Being questioned by law enforcement can be nerve-racking. While it may be difficult to think ahead in high-stress situations, remember the above tips to stay safe and contact an attorney in cases of arrest or investigative detention.