Even when you’ve done nothing wrong, interacting with police can be intimidating. It is hard to know exactly what your civil rights are as a citizen when having an encounter with the police.
In an effort to empower citizens by informing them of their civil rights, the Morgantown/Kingwood Branch of the NAACP cleared up some misconceptions about the rules for encounters with law enforcement during an interactive panel discussion Thursday night at the First Presbyterian Church on Spruce Street.
Panelists Ron Tucker, Fairmont attorney, Dr. James Nolan, WVU professor of sociology, and Nick Ward, staff attorney for ACLU-WV, answered audience questions and presented information on the rights of citizens during police encounters, including when pulled over, when stopped on the street, and when officers come to your home.
The discussion focused on a flexyourrights.org video titled “10 Rules for Dealing with Police” that explored the dos and don’ts of police interaction.
The rules are fairly simple, but can become hard to remember and follow in the heat of the moment.
- Always be calm and cool. Don’t talk back to officers or raise your voice.
- You have the right to remain silent. When being questioned, it is always a good idea to say “I’m going to remain silent, I’d like to see a lawyer.”
- You have the right to refuse searches. Calmly telling an officer “I don’t consent to searches” may not stop the search, but it could make a difference later on in court.
- Don’t get tricked. Police may legally lie to you.
- Determine if you are free to go. You can determine if police have reason by simply asking “Are you detaining me, or am I free to go?”
- Don’t expose yourself. Things like dark tinted windows and certain bumper stickers give police more reason to be suspicious.
- Don’t run. It is likely you will be caught and it will make you seem guilty.
- Never touch a cop. Touching a cop can lead to other charges, like obstruction or assault on an officer.
- Report misconduct: be a good witness. Record as many details as you can about the encounter as quickly as you can, including photos of any injuries.
- You don’t have to let them in. There are very few circumstances where police can enter your home without a warrant or without being invited in. Simply say, “I can’t let you in without a warrant.” You can even decline to answer the door.
Knowing these rights can keep people safe and help ensure they are treated fairly, but as Tucker pointed out during the discussion it’s not just about protecting your rights.
“In today’s world, it’s about saving your life,” he said.
Nolan, a former police officer, pointed out that in the United States we tend to refer to our police as “law enforcement,” meaning their purpose is to enforce the law. However, in some other countries, police are set up and seen as those who protect human rights.
In the U.S., “unless you know your rights, the good officers and the bad officers are going to use your words against you, they’re going to ask you to comply to a search when maybe they don’t have probable cause and whatever they find they are going to use against you.
“The mandate is crowd control through law enforcement,” Nolan said.
One question to the panel asked whether you were required to provide police with identification or give them your name when stopped on the street or a passenger in a vehicle. Ward said that while there is no law that states you must, it is a good idea to do so as withholding identity often leads to detainment or arrest. As the driver of a vehicle, you must show you have a license to operate the vehicle and therefore provide a driver’s license.
The video shown at the event can be found on YouTube by searching Flex Your Rights “10 Rules for Dealing with Police.”
