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There are some basic ways to avoid personal harm in situations with a police officer who has a gun drawn. Much of this advice involves common sense, but when there's a gun pointed at you, it's easy to panic and accidentally do something that could be misinterpreted as threatening. The safest approach is to follow the officer's directions, remaining aware of your physical movements and maintaining a calm and respectful tone whenever possible.
Steps
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Don’t flee from police. If the police approach you and speak to you, do not run, walk away or threaten them. This applies whether you believe you are innocent of wrongdoing or not. Regardless of your rights, running arouses suspicion and greatly increases the chance of a fatal misunderstanding. [1] X Research source
- A common belief amongst police officers is that suspects do not run unless they have a reason to. [2] X Research source [3] X Research source Do not play into this belief by fleeing. The police are very likely to perceive you as a threat and chase you.
- Fleeing in a high-crime or suspicious area does not in itself create a “reasonable suspicion” for police officers to stop you. However, police often use characteristics and known histories of an area when making a decision about pursuing a suspect, and this is supported by US law. [4] X Research source
- It is an unfortunate fact that in some cases, race plays a factor in police shootings. Joint analysis by the Washington Post and Bowling Green State University revealed that over three-quarters of the officers charged with fatal shootings in the United States since 2005 were white, while two-thirds of their victims were minorities and all but two of that number were Black. If you are an ethnic minority, you may be in greater danger of police shooting if you flee.
- Whether or not you are guilty of something illegal, running from the police can be charged as a crime, such as evading arrest or obstruction of justice. In many US states, these crimes are felonies. Running from the police if you are guilty will only make your situation worse. [5] X Research source On top of that, if you are not guilty of anything illegal, you will most likely end up with an unnecessary and avoidable arrest and prosecution. That is the last thing you want.
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Avoid any sudden movements. No matter what you're doing when contacted by the police, stop and remain still. At this point, any movement you make that is unexpected is one step closer to getting shot. Do not move toward the officer, either. [6] X Research source [7] X Research source
- If you're in a car, don't reach for anything. Officers are trained to notice when drivers are reaching for something, and they might assume you're reaching for a weapon or hiding drugs. For more details, see How to Act when the Police Pull You Over . [8] X Research source
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Keep your hands visible. Do not make any sudden movements with your hands. Keep them plainly visible. [9] X Research source
- If the officer makes a request that requires you to move your hands, such as asking to see identification, verbally confirm that you are complying with his or her request before making any movements.
- For example, you could tell the officer “I am going to reach into my left back pocket to get my wallet so I can show you my ID.” Do not make any movements unless you have to in order to comply with a police request.
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Do not touch, hit, or otherwise assault a police officer. This will almost certainly result in physical force used against you. Police officers are authorized to use deadly force to defend themselves or others from serious harm or threat. [10] X Trustworthy Source National Paralegal College Law Shelf Online education resource from the National Paralegal College Go to source As one LAPD officer puts it, “initiating a physical confrontation is a sure recipe for getting hurt.”
- Assaulting or battering a police officer is considered a felony in many jurisdictions. [11] X Research source
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Do what you're told, and do it slowly. The officer will tell you exactly what he or she wants you to do. That typically includes putting your hands on the back of your head, walking backwards toward the sound of their voice, or lying down on the ground. Obey their orders, but do it at a slow enough pace that you don't alarm them.
- Police have the right to stop and frisk or pat down suspects if they have “reasonable suspicion” that they are involved in illegal activity. Reasonable suspicion is very broadly defined. Racial and social biases may come into play, and it is very difficult to prove these. For example, over 90 percent of stop-and-frisk incidents in New York City between 2002-2011 were with Black or Latino individuals. [12] X Research source If you are an ethnic minority, you may be more likely to be stopped and ordered to submit to frisking, even if you are not behaving suspiciously.
- Do not assume that you will not be frisked simply because you have done nothing wrong. In New York City, for example, 9 out of 10 people who are stopped and frisked are innocent. [13] X Research source It is safer for you not to resist. [14] X Research source
- Police officers are legally required to avoid “excessive force.” Thus, if you submit and do not resist, the officer must stop using force against you. While in reality this does not always happen, complying with an officer rather than resisting will improve your chances of remaining uninjured. [15] X Research source
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Let yourself be handcuffed. While that may be uncomfortable, struggling against the cuffs or trying to resist in any way is only going to result in further trouble. In many places, it is police protocol to place handcuffs on even the most cooperative of suspects.
- If you have an injury (such as a stiff or "frozen" shoulder or a recently broken shoulder), let the officer know before he or she tries to cuff you and ask politely if your hands can be cuffed in another way rather than behind your back.
- It may seem unfair to allow this if you do not believe you have done anything wrong. Remain calm, submit to the cuffing, and ask for an attorney. You are far more likely to survive your police encounter this way.
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Avoid talking more than necessary. At this point, you've either already broken the law and don't need to make it worse on yourself, or you are the victim of a misunderstanding and need to cooperate to prevent an unfortunate accident. Be cooperative, but do not volunteer any information you are not explicitly asked for. If you are asked a direct question by police, you usually have the right not to answer. However, you should be aware that not answering could be perceived as hostile behavior. [16] X Research source [17] X Research source
- In the US and many other countries, you have a right to protect yourself from self-incrimination. [18] X Research source You should never volunteer information, even if you do not believe yourself guilty of any wrongdoing. Doing so without an attorney present could conceivably cause you problems.
- If you are foreign to the country and are not sure of your rights, answer questions politely and give only the barest details. If you do not speak the local language fluently, do not attempt to defend yourself verbally. You may accidentally say something that, when translated, incriminates you in some way.
- An exception to this rule may be if the officer tells you to do something that involves moving. It's good to tell him what you are doing, even if it seems obvious. It will keep the officer feeling safe and less likely to use a weapon. For example:
- Officer: "Let me see your I.D." You: "It's in my glove box/back seat/stocking/etc. I'm going to reach down/over and get it for you, OK?" Then move slowly.
- Officer: "Lie down on the ground!" You: "I'm going to lie down on the ground, but I have a bad hip/back/knee, so I need to hold on to this pole/fence/wall to get on the ground."
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Avoid sarcasm about the situation. As humor is very subjective, an innocent-sounding joke may be interpreted as a serious threat by the police and can and almost certainly will be used against you.
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Remain calm. It can be terrifying to be stopped by the police, but it’s vital that you remain calm and in control of yourself. If you must speak, do so in a level, clear voice. [19] X Research source
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Be respectful. Police officers represent the law. Always use respectful, polite language when interacting with an officer. Call a police officer “sir,” “ma’am,” or “officer” when speaking to him or her. Even if the police officer is aggressive, maintain a level head and stay polite. [22] X Research source
- Do not speak defensively or with hostility. For example, do not say things such as “What are you doing?” or “What’s your problem?” If you want to clarify your situation, ask a polite question, such as “How can I help you, officer?” or “What is the reason for ____, officer?” [23] X Research source [24] X Research source
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Refrain from making threats. For example, do not threaten to sue, take the officer’s badge, or retaliate. This will only make things worse for you.
- Attempting to take their badge can be considered assault and can lead to force as well as a charge. [25] X Research source
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Ask if you are being detained. You should use that exact language: “Am I being detained?” Police must tell you whether they are detaining you. If the officer tells you that you are not being detained, ask “Am I free to leave, officer?” Do not simply walk away. This could convince police that you have something to hide. [26] X Research source
- If the officer says you cannot leave, you are being detained. You should ask for an attorney. You are entitled to an attorney whenever you are being detained by police. [27] X Research source [28] X Research source
- If the officer does say you can leave, you should confirm that you will be leaving before doing so. For example, confirm your “intent to depart” by saying something like “If there is nothing else, I will be leaving now.” Then walk slowly away. [29] X Research source
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Expert Q&A
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QuestionHow do I fight a traffic ticket?Saul Jaeger is a Police Officer and Captain of the Mountain View, California Police Department (MVPD). Saul has over 17 years of experience as a patrol officer, field training officer, traffic officer, detective, hostage negotiator, and as the traffic unit’s sergeant and Public Information Officer for the MVPD. At the MVPD, in addition to commanding the Field Operations Division, Saul has also led the Communications Center (dispatch) and the Crisis Negotiation Team. He earned an MS in Emergency Services Management from the California State University, Long Beach in 2008 and a BS in Administration of Justice from the University of Phoenix in 2006. He also earned a Corporate Innovation LEAD Certificate from the Stanford University Graduate School of Business in 2018.Fight it in court, since it won't help you to argue with the police officer out on the street. At that hearing, the officer will have to prove what you did, and you'll have an ability to also talk about it. Make sure that you sign the ticket the police officer gives you as well. It's not admission of guilt—it's just your way of promising to appear in court.
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QuestionIf I pass by a police officer, will I sound guilty if I say a quick hello and a compliment?Community AnswerA quick hello is no reason for an officer to get alarmed. However, if you struggle with talking naturally or can't think of a relevant compliment, take a pass on saying anything.
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QuestionWhat should I do if I get pulled over by the police while I'm with someone who is autistic?Community AnswerJust tell the autistic person to stay calm and quiet. If they start to get upset, politely explain to the police officer that they are autistic.
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Tips
- Autism researchers have put together a film called Be Safe that teaches people with autism and other learning and developmental disabilities how to safely interact with police. [30] X Research sourceThanks
- If you are being followed by a police car - marked or unmarked - at night, while you are alone, put on your emergency lights briefly (this will signal to them that you are aware of them, and are not fleeing). Slow down, obey all traffic laws, and pull over in a well-lit and well-populated area. You have a right to stop only when you feel safe. Make sure though that you drive slowly, so the cop knows you are cooperating and not trying to escape. [31] X Research sourceThanks
- If you have a gun on your person, even if it is legal under a concealed carry license, you may be required to notify the police officer. Do not reach for a gun or any weapon on your body. [32] X Research source If you have a concealed carry permit, calmly tell the officer that you have a permit. Use the following phrase: “I want to let you know that I have a concealed carry permit in this state and currently have one on my person.” Try to avoid using the word “gun” so as to avoid panic. Ask the officer how you should proceed. [33] X Research sourceThanks
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Warnings
- Fake weapons or air-guns can be mistaken for the real thing. If contacted by the police while you possess such an object, follow the advice above as if it were a real weapon; a police officer will certainly consider it to be real until proved otherwise.Thanks
- Do not attempt to fight off a police officer. Assaulting him/her will most certainly get you placed in jail.Thanks
- Never try to resist arrest or flee when being questioned/detained by an officer. Depending on the officer, resisting arrest may be met with physical force (i.e.,being tackled), or by whatever tools the officer has at their disposal (this could be anything from pepper spray, a baton, a taser - or worst of all, their gun). Keep in mind that your family and friends would prefer to see you standing in court than lying in a coffin.Thanks
- Do not run from a police officer; doing so is considered resisting arrest and may cause the officer to fire at you. (It is illegal in the United States for a police officer to use fatal force against a fleeing suspect unless the officer believes the suspect is armed and poses an immediate threat to the officer or the community).Thanks
- Do not attempt to take the officer's gun or badge away. This is considered theft of police equipment and could get you arrested and charged or even killed.Thanks
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References
- ↑ http://www.nyclu.org/node/3249
- ↑ http://www.theppsc.org/Staff_Views/Ashley/reducing_the_risks_of_police_pursuit.htm
- ↑ https://www.police1.com/suspect-pursuit/articles/to-pursue-or-not-to-pursuethat-is-the-question-f37CVdzGN8g6zoCR/
- ↑ https://caselaw.findlaw.com/court/us-supreme-court/528/119.html
- ↑ http://www.criminaldefenselawyer.com/crime-penalties/federal/Evading-Arrest-on-Foot.htm
- ↑ http://www.washingtonpost.com/posteverything/wp/2014/08/19/im-a-cop-if-you-dont-want-to-get-hurt-dont-challenge-me/
- ↑ http://www.nyclu.org/node/3249
- ↑ https://www.findlaw.com/traffic/traffic-stops/what-to-do-during-traffic-stops.html
- ↑ http://www.nyclu.org/node/3249
- ↑ http://nationalparalegal.edu/public_documents/courseware_asp_files/criminalLaw/defenses/UseofForce.asp
- ↑ http://www.criminaldefenselawyer.com/crime-penalties/federal/Battery-on-Officer.htm
- ↑ http://www.nyclu.org/node/1598
- ↑ http://www.nyclu.org/issues/racial-justice/stop-and-frisk-practices
- ↑ https://www.findlaw.com/traffic/traffic-stops/what-to-do-during-traffic-stops.html
- ↑ http://www.washingtonpost.com/posteverything/wp/2014/08/19/im-a-cop-if-you-dont-want-to-get-hurt-dont-challenge-me/
- ↑ http://www.washingtonpost.com/posteverything/wp/2014/08/19/im-a-cop-if-you-dont-want-to-get-hurt-dont-challenge-me/
- ↑ https://archive.findlaw.com/blog/what-to-do-if-police-stop-you-on-the-street/
- ↑ https://www.freeadvice.com/legal/if-i-am-stopped-and-the-officer-asks-me-if-ive-been-drinking-what-should-i-say/
- ↑ https://www.portlandoregon.gov/police/article/31583
- ↑ http://www.nyclu.org/node/3249
- ↑ http://www.washingtonpost.com/posteverything/wp/2014/08/19/im-a-cop-if-you-dont-want-to-get-hurt-dont-challenge-me/
- ↑ https://www.findlaw.com/traffic/traffic-stops/what-to-do-during-traffic-stops.html
- ↑ http://www.slate.com/blogs/crime/2013/01/03/stop_and_frisk_florida_here_s_how_to_avoid_consensual_police_encounters.html
- ↑ http://www.nolo.com/legal-encyclopedia/police-stops-when-pulled-over-30186.html
- ↑ http://www.washingtonpost.com/posteverything/wp/2014/08/19/im-a-cop-if-you-dont-want-to-get-hurt-dont-challenge-me/
- ↑ https://archive.findlaw.com/blog/what-to-do-if-police-stop-you-on-the-street/
- ↑ https://archive.findlaw.com/blog/what-to-do-if-police-stop-you-on-the-street/
- ↑ http://www.slate.com/blogs/crime/2013/01/03/stop_and_frisk_florida_here_s_how_to_avoid_consensual_police_encounters.html
- ↑ http://www.slate.com/blogs/crime/2013/01/03/stop_and_frisk_florida_here_s_how_to_avoid_consensual_police_encounters.html
- ↑ https://besafethemovie.com/
- ↑ http://www.criminaldefenselawyer.com/resources/how-talk-police-when-youre-pulled-over.htm
- ↑ http://www.criminaldefenselawyer.com/resources/how-talk-police-when-youre-pulled-over.htm
- ↑ http://concealednation.org/2013/07/traffic-stop-while-carrying-concealed-what-to-do-if-youre-pulled-over/
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