Written by Tana Fye and Summer Law Clerk Brady Lain
NOTE: Every police encounter is unique. We encourage you to call speak with an attorney for answers to questions about a specific case.
Police Encounters:
Everyone can remember a time they have come into contact with law enforcement. Maybe it was a traffic stop—or many traffic stops. Maybe it was a detective following up on a criminal investigation or officers responding to an emergency. Maybe it was a seemingly random encounter on the street. Police encounters occur in a variety of contexts.
Many of these encounters are consensual. In a consensual encounter, you are free to leave or free to stay. You set the boundary of contact wherever you are most comfortable, and police officers must respect that boundary.
To confirm the nature of an encounter, simply ask, “Am I free to leave?” If the officer says yes, the encounter is consensual and you are free to do as you please. If the officer says no, the encounter has become non-consensual and you should think: COMPLY, COMMAND, and CONCLUDE.
Every encounter with a police officer has the potential to become non-consensual if the officer observes something that arouses suspicion of criminal activity. Although, many non-consensual encounters begin after an officer already suspects criminal activity.
For example, a traffic stop is a common non-consensual police encounter that is initiated after an officer suspects one or more traffic violations. Based on that suspicion, the officer is authorized to stop the vehicle and approach the driver for proof of identification and vehicle documentation. The officer is also authorized to investigate any suspicious activity observed in the process of the stop.
Although many non-consensual police encounters end peacefully, they have the potential to be very stressful and, at times, dangerous depending on the circumstances. To minimize the risk of a violent confrontation while also protecting your rights, simply remember COMPLY, COMMAND, and CONCLUDE
1) As soon as you realize that you are in a non-consensual police encounter, COMPLY with every direction issued by the officer.
Police officers are trained to quickly assert total control over a non-consensual encounter. Depending on the circumstances, this could entail aggressive verbal commands, threatened use of force, and physical restraint. Officers will treat any sign of non-compliance as a loss of control which could result in an escalation of force. The best course of action is to clearly communicate compliance by listening intently and abiding by the officer’s instructions.
In the case of a traffic stop, communicating compliance generally requires a stopped driver to roll down the window, keep hands visible at all times (safest place is on top of the steering wheel), and promptly follow the officer’s directions. Drivers should also be prepared to produce identification and required documentation for the vehicle, but do not reach for anything until the officer requests you to do so.
In many cases, compliance alone may be enough to end a police encounter. In these cases, you likely got off with a warning or a fine. As long as you follow-up appropriately there is little risk of further criminal liability. However, if an officer suspects more serious criminal offenses, then compliance is only the first step.
2) Once you have effectively communicated compliance, COMMAND respect for your constitutional rights.
First and foremost, command respect for your Right to an Attorney. State clearly, “I want to speak to my lawyer.” Asserting this constitutional right puts up a shield so that officers cannot ask you any more questions about suspected criminal activity until you have spoken to a lawyer. Even if you don’t have a lawyer, you will be given an opportunity to get one or one will be appointed for you. If you request an attorney, you need to be clear about that demand. Do not ask whether you need an attorney, or in any way give the officer any reason to question whether you are really demanding an attorney. Be clear in your statement.
Second, command respect for your Right to stay Silent. Once you request a lawyer, officers cannot ask you any more questions, but they can still use anything you say voluntarily against you. Of course, you must speak to assert your right in the first place. Say something like, “I am exercising my right to remain silent.” Aside from that, do not speak until you have consulted with a lawyer. Most importantly, do not say anything about the suspected crime.
It is important to note that asserting your rights does not conclude a police encounter. While officers are prohibited from interrogating you further, they are authorized to continue their investigation by almost any other means. There are some limitations on law enforcement authority to search your property, which are outside the scope of this post.
3) Once you have communicated compliance and asserted your rights, then CONCLUDE the encounter as soon as possible.
To conclude an encounter, simply continue to ask, “Am I free to leave?” Until the officers have completed their investigation, the answer will likely be no. A failed attempt to conclude the encounter brings you back to step one and step two above. Remain compliant with ongoing instructions and continue to command respect for your rights.
The encounter generally does not end until the officers are satisfied with their investigation. If the investigation revealed “probable cause” of a crime, then you will probably be arrested and taken to jail. Once you get to jail, call your lawyer or request an appointed attorney. If you are charged with a crime, the next step in the process will be a judicial review of the evidence.
If the officers do not find enough evidence to support probable cause, then you will eventually be allowed to leave. Although, you may still be a suspect in an ongoing investigation, in which case, you should call a lawyer to prepare for future encounters with police and potential criminal charges.