Sunday, February 7, 2010
Dealing With Law Enforcement (Nathan Jeffery)
After having been in law enforcement, and currently serving as a correctional officer, I came to realize that there was a need for people to be educated on how to behave when confronted by law enforcement.
This is completely my opinion and does not reflect what your legal counsel might advise you to do if you have legal counsel.
When stopped do not do any of the following for your safety and the safety of the officer involved.
1: Do not get out of the car or run-you will get caught or "spook" the officer and it could end with injuries or worse to one or both of you. AND additional charges for you.
2: Comply with the officers orders-the majority of officers in the field behave in an ethical manner and will not violate the rights that they know you are entitled to.
3: Make no SUDDEN movements
4: Keep your hands in view AT ALL TIMES.
5: Wait for the officer to tell you what he/she wants you to get or do. And then comply. If it is unlawful then that can be sorted out in court.
6: DO NOT argue. You will not win and it may just get you into more trouble than if you complied.
7: Present any identification like your drivers license, insurance information, registration, legal shield card, and other identifying information in a respectful and courteous manner.
8: If you have something that you shouldn't don't lie about it if they will find it anyway (consult legal counsel as this can lead to legal issues) Silence does not equal lying!!!
9: If you possess a concealed weapon permit follow your local jurisdictions laws and as a general rule keep both hands on the steering wheel or in plain view and indicate that you are armed and have a permit and the location of the weapon. Follow orders AS GIVEN without resistance of any kind!
10: Behave in the way that you would expect him/her to behave with you. The majority of officers just want to do their job and go home safe to their families at the end of the shift. The majority are not "out to get you" or "messing with you for the fun of it".
11: Thank them for their concern and service. They do a very thankless job and hearing they are appreciated will go a long way in how the situation will end. Be genuine. They may very well save your life or that of a family or friend one day.
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Ok- I want to share an experience I had recently. I was going the speed limit on the freeway and was stopped. The officer stated that I was pulled over for improper display of registration. Now let me just state, my temporary tag was in my back window which according to the DMV is where it is suppose to be. He clamed that I should have put Saran Wrap around it and put it where my plate was. He asked me if HE could take it off my window. I didn’t know my rights so of course I said yes. (I found out later that I had just agreed to a search of my vehicle by stating he could open my van door. I, of course, didn’t have anything except a stroller and toys—but I felt violated. And NOT knowing my rights really upset me.) He lifted up the back of my van door and took it out of the window. He came back and said I had a warrant out for my arrest for an unpaid ticket. I told him I would pay it right on the spot… I truly didn’t know it hadn’t been paid. He handcuffed me and took me to jail. I couldn’t believe it. I was ticketed for improper display of registration, driving on a suspended license (which happened due to the unpaid ticket I guess), and no proof of insurance. I’m not sure if anything was sent to our house or not cuz we had moved. I was pretty upset. When I went to court they obviously dropped the improper display of registration. I brought proof that I was insured at the time so that was dropped also. The let me reinstate my D.L. and pay a $30.00 fine.
ReplyDeleteThe whole situation has left me untrusting of police. I feel that it was an illegal stop.. nothing but a simple fishing expedition—and they have the power to do it. Also, I’ve tried finding out what my rights are….. but they have made it so complicated that an average citizen really can’t figure it out!!!!! I now no long trust law enforcement (even though I have two family members that have that as a career) My kids have been instructed to NOT talk to police. If a police officer asks them a question they can ONLY answer their name, parents name, address, and home telephone number. If they can’t get a hold of us then they can call Grandma. But THAT IS IT. I acknowledge 100% that I am ultimately responsible for this situation. Had I taken care of the ticket this chain of events wouldn’t have happened. But I don’t think that gives law enforcement the right to do whatever they want. And I now believe that a lot of the tickets are based on getting $$$$$$$$$ not enforcing the law and protecting its citizens. I also believe (based on the very smug look on my officers face) that some cops simply enjoy the power….. and I don’t like the fact that I have to obey there every command. So no, this isn't a thankless job... I have always respected them and thanked them.. until this. THEY have turned it into a thankless job!!!!! Just my two cents.
ANONYMOUS
THE PREVIOUS COMMENT WAS NOT MINE!!!!!!!!! THIS WAS MESSAGED TO ME BY AN INDIVIDUAL ON FACEBOOK AND I FELT IT PERTINENT TO REPOST IT HERE. FOLKS LET US MAKE SURE WE ARE NOT JUDGING ALL BASED ON OUR EXPERIENCE WITH ONE PERSON. COPS ARE PEOPLE AND AS SUCH ARE FALLIBLE.YOU WILL ALSO NOTICE THAT IT WAS STATED THAT "IT WAS 100% THIS INDIVIDUALS FAULT!
ReplyDeleteHi Nathan,
ReplyDeleteGood, useful information for anyone, I guess in any country.
Thanks for sharing.
Damayanthi
Having been a Police Officer for over 25 yrs, it looks to me like theofficer was simply following procedure. I have stopped many vehicles for not being able to read the license plate or temporary registration. Where that temporary registration is displayed depends on the laws of the state where you reside. Once the traffic stop is made, even if the officer gets up to the car and sees the temporary tag is valid, and the officer sees another violation, he is obligated to take action. Normal procedure would be to obtain driver's license, vehicle registration (or in this case, proof of purchase, etc) and proof of insurance. I would then run the driver's name through NCIC/NCIS for wants and warrants.
ReplyDeleteIf a warrant comes up, the officer is REQUIRED BY LAW to make an arrest. If he doesn't, he is guilty of a crime! I don't know about other states, but I work in Nebraska and we are not allowed to collect bond money or the fine at the location of the stop. That has to be done once the suspect is brought into the detention facility.
If your driver's license was suspended because of the fine not being paid, then I would have written you for driving during suspension. It is your duty to keep the state informed of when you change addresses. In Nebraska, you are required to change the address on your license within 30 days of moving.
It's also normal for us to cite for the insurance violation and if the violator shows valid proof of insurance at the time of the stop, that charge is also dismissed.
If you had taken care of the fine before you got stopped, the registration would have been put where it was required and you would have been on your way.
It looks to me like you created this entire situation yuorself, and now you tell your kids to not talk to cops, just give their "name, rank and serial number?" What happens in the future if one of them is approached by an officer and they run? Come on, you are just trying to make our job more difficult and creating a possible danger to your children in the future.
Thank you Sir for your absolutely 100% correct input and comment here. The gal that sent that to me recieved about the same response that you have given in your comment. I appreciate and thank you for your service and for taking the time to impart your knowledge and experience here and I certainly hope you will continue to follow my blog and comment as you desire. Thanks again and stay safe ALWAYS!!!
ReplyDelete