The best way to protect yourself from the Fairfax County Police is to vote out the bastards who pay them and then watch how quickly the punk attitude disappears
The second thing you can do is to move out of the county
Otherwise follow these steps
A. Introduction
1. Scope
a. This presentation covers all police encounters, regardless of whether the encounter ends in an arrest.
b. It reviews what you can do to protect your rights, both during and after a police encounter.
2. Interacting with Police
a. When you?re approached by police, always remain calm, even if police are violating your rights.
b. If you choose to actively argue with or protest against police, there is a higher risk that police will lash out against you or others. You can minimize this risk by being cooperative.
B. Street Encounter
Late at night, Luis is hanging out with his friend, Joe, on a street corner. Joe's hands are in his pockets. A squad car activates its lights, swerves across two lanes of traffic, and shines its spotlight on Joe. On the squad bullhorn, the officer says, "Freeze. Keep your hands where I can see 'em." Joe takes a few steps backward but keeps his hands in his pockets. An officer walks up to Luis and asks him for his driver?s license. Luis gives the officer the license. In an easygoing manner, the officer asks Luis, "What are you doing here tonight?" Luis says, "I'm waiting for my girlfriend to pick me up from work." The officer then asks, "Is it okay if I search you?"
1. Order to Stop
a. If police order you to stop, do exactly as they say. The police in Fairfax County are fast to the gun.
b. Don't assume that police are talking to someone else. Even though the officer shined his spotlight on Joe, Luis should also obey the officer's order to freeze.
c. Move as little as possible and keep your hands visible. Anything an officer finds suspicious may be used to justify cuffing a person, wrestling a person down, or patting a person down. Joe may have encouraged these actions simply by taking a few steps backward, or by keeping his hands in his pockets.
d. Remember, the officer wants to control the situation. If the officer feels like the situation is not under control, the officer is more likely to overreact or lash out.
2. Basic Stop Interactions
a. During any police encounter, it is reasonable to give the officer your name and address, or to provide identification. Luis cooperated by giving the officer his driver's license.
b. You have the right to remain silent. That means, don't talk to the officer about anything.
i. Talking is the most common mistake that people make during police encounters. Don't talk to police or anyone else. Talking at any time during a police encounter can endanger your rights.
ii. Don't ask about your rights. Police may give you a Miranda warning, telling you about your right to remain silent and your right to a lawyer. Even if you receive this warning, tell the officer you will not talk until you have a lawyer present.
iii. Assume you're being recorded. Once police are on the scene, a camera or microphone may be anywhere.
iv. Rather than telling the officer that he was waiting for his girlfriend, it is best for Luis to say nothing at all. If he must say something, he may explain, "I don't want to talk right now." If the officer persists, Luis can say, "I don't want to talk until I have a lawyer."
c. You have the right to ask the officer why you have been stopped.
i. Remain calm, even if the officer is unreasonable. If you confront or argue with police, the officer is more likely to lash out or overreact.
3. Consent Searches
a. You always have the right to refuse an officer?s request to search. This includes any situation where the officer asks for your permission before patting you down or searching through your belongings. Clearly tell the officer, No.
b. Don?t just nod your head. You may need to say "no" more than once. Be polite but firm. Make it clear that you are not giving the officer permission to search. When the officer asks Luis, "Is it okay if I search you,?" Luis can assert his rights by telling the officer, No. That's all he has to say.
c. You don?t have to explain why you refuse a search. If the officer asks you why you won't be searched, don't answer. If you must say something, tell the officer, I don't want to be searched.
d. Watch out for officers who try to trick you into consenting to a search. For example, the officer asked Luis, "Is it okay if I search you?" The officer might even ask, "Do you mind if I search you?" or "Can I pat you down?" These are all requests to search. You have the right to say, "No."
e. If you refuse an officer's request to search, but the officer goes ahead and searches anyhow, don?t resist the search or argue with the officer.
C. Vehicular Stop
Shauna, a black woman, is driving down the street at night. An officer pulls Shauna over. When he walks up to the car, he asks for her driver's license and insurance. "I think I saw a broken taillight," he tells Shauna. lease get out of your car While outside her car, Shauna sees that her taillights are not broken.
The officer takes Shauna over to his squad car. I want you to sit in the back of the squad. First, I?m going to frisk you for weapons and drugs. Do you have any weapons or drugs you want to tell me about?" Shauna says nothing, and the officer pats her down. Shauna sits in the back of the squad and discovers that she is now locked inside the squad car. The officer checks Shauna's driver's license and insurance. "Looks like everything checks out," the officer says. He lets Shauna out of the squad and lets her get back in her car.
The officer then writes Shauna a speeding ticket. Shauna knows that she wasn?t speeding.
The officer leans on Shauna?s window, hands her the ticket, and tells her, ?You?re free to go.? But the officer keeps leaning on her car, so she can?t drive away. The officer shines his flashlight into her car, and asks her, ?Is it okay if I have a look around your car??
1. Cooperation
a. Be careful about confronting police about the reason for a stop. If the officer is mistaken or is using the stop to harass you, arguing often won?t improve the situation. The officer may use argument or resistance to justify arresting you for obstructing justice or resisting arrest.
b. Be polite and cooperative, even when you know the officer is wrong. Shauna avoided arrest by not talking to the officer and by cooperating with him, even though she knew the officer was being unfair.
2. Vehicular Stops
a. When your car is stopped, it is reasonable to give the officer your name and address, driver?s license, and insurance information.
i. If you are keeping your driver?s license and insurance someplace where the officer can?t see them, tell the officer where they are first. Let the officer see where you are reaching for them.
ii. When your driver?s license and insurance are in a concealed location?for example, a purse or glove compartment?the officer may seek permission to search that location. You have the right to refuse permission for the officer to search these areas.
b. The officer may ask you or passengers in your car to step outside your car, or to wait some distance away from your car. Do as the officer says. Move as little as possible and keep your hands visible. Don?t give the officer an excuse to harass you.
c. Remember that the officer wants to control the situation. If the officer feels like things are not under control, the officer may overreact or lash out.
3. Detentions
a. Unless an officer has probable cause to believe you've committed a crime, the officer can only hold you for a limited period of time.
b. Sometimes, the officer may ask you to sit in the squad car. It is okay for the officer to do this for short periods of time. Remain cooperative.
i. Like in Shauna's case, many officers conduct a pat-down search before putting someone in their squad car. Under some circumstances, the officer may violate your rights by doing this, but don't resist the search.
ii. Again, watch out for officers that will try to trick you into giving permission to search. If the officer asks if its okay? or do you mind being searched, you have the right to say "No".
c. Once an officer tells you that you're free to go, you have the right to leave. You don't have to answer the officer's questions or follow the officer's orders. Politely tell the officer, Id like to go now.
i. When the officer asks, "Can I have a look through your car,? Shauna has the right to go. She doesn't have to answer the officer's question. She can say, I'm sorry, but I'd like to go now."
ii. If the officer tells you that you're free to go, but the officer refuses to let you go, remain calm. Ask the officer why you are not allowed to go. Don't attempt to leave without the officer's permission.
4. Consent Searches
a. You always have the right to refuse an officer’s request to search, regardless of whether you have the right to leave or not. This includes any situation where the officer asks for your permission before patting you down or searching through your belongings. Clearly tell the officer, ‘No.’
b. Look at Shauna’s situation for some more examples of when to refuse a search.
i. When Shauna was ordered to sit in the squad car, the officer did not ask permission to pat her down. Because the officer did not ask her permission, Shauna should cooperate. Even if this search was unlawful, a better place to challenge the officer’s action is in court.
ii. When the officer asked if ‘it is okay’ to search Shauna’s car, he was asking for permission to search her entire car. Because the officer was asking for permission, Shauna has the right to say, ‘No.’
D. Entry Into Residence
Two officers knock on the door to Kamal’s house and he answers. One officer asks Kamal, ‘May we come in’’ Without saying anything, Kamal lets the officers inside. ‘We’d like to talk with you about a few things,’ the officers tell Kamal. They ask him several questions, and Kamal answers their questions. During the questioning, one of the officers gets up and begins to wander around Kamal’s house. Mary hears the conversation and comes down the stairs. One of the officers recognizes Mary and tells her, ‘You’re under arrest.’ The officers place Mary in handcuffs. They search Mary’s bedroom and some other rooms in the house. The officers give Mary a pat-down search, place her in the back of their squad car, and take her to the police station.
1. Warrants
a. Unless there’s an emergency, or police believe that a serious crime is taking place, police can’t enter your home without a warrant. You can ask police to show you a warrant before letting them into your home.
b. Even without a warrant, police can ask to come into your house. If police ask to come into your house, you have the right to say, ‘No.’
i. This is yet another example of police asking for permission to search. Clearly tell the officer, ‘No.’
ii. If you let police into your home without saying anything, you have given up your right to keep police out. Kamal gave the officers permission when he let them inside.
iii. Sometimes, officers will say, ‘If you don’t let us inside, we’re just going to get a warrant,’ or make other threats. Don’t be tricked into giving consent. Police may not actually be able to get a warrant.
2. Statements to Police
a. You have the right to remain silent. That means, don’t talk to the police about anything. Compare what happened in Shauna’s situation to what happened in Kamal’s situation.
i. In Shauna’s situation, the officer asked her if she had drugs or weapons. By saying nothing to the officer, she was protecting her rights. If the officer asks her more, she can tell the officer, ‘I don’t want to talk until I have a lawyer.’
ii. In Kamal’s situation, the officers came into his house and started asking questions. Kamal has the right to refuse to answer, even when the police are in his house. He can tell them, ‘I don’t want to talk right now.’ If they persist, he can say, ‘I don’t want to talk until I have a lawyer.’
b. Talking at any time during a police encounter can endanger your rights. Don’t talk to police or anyone else. Don’t talk about anything, even if you think that it’s innocent.
i. Assume you’re being recorded. Once police are on the scene, a camera or microphone may be anywhere.
3. Arrests
a. If an officer places you or another person under arrest, remain polite and cooperative.
i. Protect your right to remain silent. Don’t say anything to the officer. Don’t argue or struggle, even if the officer is being unfair or is violating your rights. The best place to challenge the officer is in court.
ii. After an arrest, police may search you or your belongings. If the officer asks for your permission to search you, your home, or your belongings, remember you still have the right to say, ‘No.’ But if the officer does not ask for your permission, cooperate with the officer.
b. The officer may ask for identification. Be truthful with the officer. If you have a driver’s license or other identification, give it to the officer.
c. If another person is being arrested, don’t try to interfere with the officer. Don’t confront the officer or attempt to stop the arrest. You may be arrested for obstructing justice or assaulting an officer.
i. Regardless of whether there was any lawful reason for Mary’s arrest, it is important that Kamal not try to stop the police. Kamal can help her best by contacting friends, family, and a lawyer.
E. Summary
1. Protecting Your Rights During Police Encounters
a. You have the right to remain silent. Don’t talk to police or anyone else. Tell police that you will not talk to anyone until you have a lawyer.
b. If police ask permission to search you or your property, you have the right to say, ‘No.’ Be polite but firm. Watch out for police who try to trick you into giving permission.
c. Unless there’s an emergency, or police believe a serious crime is taking place, police can’t enter your home without a warrant. Don’t give them permission to enter your home. Ask them to show you a warrant before allowing them inside.
d. Remain calm, even if police are violating your rights. If threatened, police are more likely to lash out against you or others. Often, it is better to challenge police is in court.
2. Protecting Your Rights After Police Encounters
a. You have several choices about how to pursue unfair or abusive police actions.
i. Talk to a lawyer. A lawyer can explain your options for action in court against police. Also, if you are accused of a crime, and your rights have been violated, it may affect your case.
ii. Register a complaint with your police department’s review board or ombudsman. If you are concerned about retaliation by police, you may want to pursue other choices instead.
iii. Talk to your elected representatives. Start with your city council member or the mayor’s office.
iv. See if any activist or political organizations are talking about police issues. If there are others who have had similar experiences, you can accomplish more speaking as a group.
b. Make a record of the encounter.
i. You can identify police in many ways. During the encounter, look for officers’ names and badge numbers, or numbers on squad cars.
ii. Write down what happened, including the time, place, and the names of people who were there.
iii. Get copies of arrest or incident reports from the police department.
iv. If you have retained an attorney, you may want to discuss other actions to investigate what happened.
[A.] Immigration Encounter
Hugo works through Get Jobs Now, a temporary employment service. One morning, Hugo is waiting at the Get Jobs Now office for a new assignment. Several INS agents arrive at the office. One agent approaches Hugo, and asks, ‘Are you legal to work in the United States’ Show me your papers.’
1. Immigration Stop Interactions
a. If INS agents come to your home or workplace, remain calm. Don’t try to avoid the agents by moving around or running away. Hugo cooperated by waiting until he was approached by an agent.
b. Carry your immigration papers at all times. This includes your Green Card, I-94, Employment Authorization Card, or Border Crossing Card. If you are not carrying your papers, you may be charged with a crime. To avoid this, Hugo should give his papers to the agent.
c. You have the right to remain silent. That means, don’t talk to the agent about anything.
i. The agent may ask about your immigration status. If you have any uncertainty about your immigration status, you have the right not to answer this question. Tell the agent, ‘I want to speak to a lawyer.’ Don’t answer any more questions until a lawyer is present.
ii. An INS agent can only question you about your immigration status. If the agent asks about anything else’your religious beliefs, your friends and family, where you have traveled, or groups you belong to’don’t answer. Tell the officer, ‘I can’t answer these questions until I have a lawyer.’
d. Once an agent gives you your papers back, ask, ‘Am I free to go’’ If the agent does not let you go, then you have the right to ask why you are being held.
i. Remain calm, even if the officer cannot explain why you are being held. If the officer refuses to let you go, tell the agent, ‘I want to speak with a lawyer.’