When to Say No to a Cop
I’ll tell you right away: it’s easier for a white nurse than for a black motorist to say no to a cop. In a video posted last weekend, Alex Wubbels, a nurse at the University Hospital in Salt Lake City, refused a police order to draw blood from an unconscious patient . Wubbels had hospital politics on her side, as well as the support of her boss, and the policeman still handcuffed her and threw her in the back of a patrol car until cold heads prevailed.
She was right to refuse the officer’s demands, and support for her resilience in the face of police bullying and, ultimately, attacks spilled out across the country – a support that is often clearly lacking when a person of color is the victim of police brutality.
It is much easier for a person in relative privilege to refuse to obey the demands of a police officer, and each person must assess their own level of risk when dealing with police officers – your safety is your number one concern, and everyone should do it. their decisions accordingly. However, there are some interactions with the police where civilians have the legal right to say no. I spoke with Jason Williamson, senior attorney for the ACLU, about when we can legally deny the police.
1. When they ask for your consent to search your person, your car, or your home.
You can say no when a police officer asks to search you, your home, or your car. Williamson, writing for Time , suggests a general scenario: an officer asks to “look” into your car. You are not required to consent (in fact, it is better if you do not). He says: “You don’t have to agree. After all, if they have a probable cause or a warrant, they can search you without your consent. ” If they think you have a weapon, they can pat you.
2. When they ask you for more information than your name and driver’s license (as well as car registration and insurance if you are staying).
If the cops ask you for your name and ID, give it to them. You don’t need to say anything more than ask if you can leave. (If they say yes, you really should leave. Go, don’t run, as Williamson emphasizes in this video he made for Business Insider .)
If you are detained or arrested, do not say anything else. Don’t try to explain yourself or what you were doing. “Nothing good will come of it,” Williamson says.
3. When you are asked to do something illegal (a la Alex Wubbels).
“I thought the way she handled it was totally appropriate,” Williamson said. This was the case when she had the right to refuse.
But there is a serious caveat here: Williamson notes that there are scenarios in which the police might ask you to do something that you think is illegal, but in fact is not. For example, you may believe that you have been unlawfully stopped, or that you do not need to follow an order to get out of the car, as Sandra Bland apparently thought. (The police are allowed to ask you to get out of the car after you are stopped.) And even if you are right that your rights are being violated, calling the police at the moment may not be the safest option.
Refusing these requests can exacerbate the situation or delay the meeting. “Your own safety should come first,” he said. “Even with a nurse in Utah. It was a unique situation and it was armed with a charter, “but for the rest of us, if we’re unsure, we are likely to want to err on the side of compliance.
4. When they try to ask you questions after your arrest.
The police are expected to read you your Miranda rights, which will inform you of your right to a lawyer. The first thing you want to say after your arrest is that you want to talk to a lawyer. Once you have made this request, you want to exercise your right to remain silent. Do n’t say anything . “Just don’t answer at all,” Williamson says. “It’s amazing what they can do with monosyllabic answers. Especially if they start asking factual questions, even a simple “ yes” or “ no” can get you in trouble – it’s better to just keep quiet. ” Try to remember the officer’s name and badge number in order to better prepare yourself for handling the complaint later.
5. When they want to listen when you call your lawyer.
You have the right to speak with your lawyer in private. But if the police are listening, your lawyer should be talking to law enforcement, not you.
6. When they ask for your immigration status or ask you to sign something.
The ACLU has published several guidelines on what to do if you are stopped by the police and it is worth noting that you have constitutional rights regardless of immigration status: “You have the right to remain silent and you do not need to discuss your immigration or citizenship status with the police. immigration agents or any other officials. You do not need to answer questions about where you were born, whether you are a US citizen or how you entered the country …. If you are not a US citizen and the immigration agent asks for your immigration documents, you must show them if you have them. with myself. If you are over 18, always carry your immigration papers with you. If you do not have immigration documents, tell me that you want to remain silent. ” Don’t sign anything. To find out what to do if ICE agents come to your home, see this immigrant information .
The proliferation of mobile phone cameras means that more citizens are now aware of police brutality than, say, 15 years ago. Williamson notes that knowing your rights and staying calm and courteous serves two purposes: “It’s about understanding your rights [not only] so that you can protect yourself, but that you can take action afterwards so that you can be safe and deter the cops. accountable ex post facto ”.