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Kathianne
01-21-2013, 04:04 PM
While not a topic I'm terribly interested in, I read and thought of some here that this may be of interest to:

http://www.slate.com/blogs/crime/2013/01/03/stop_and_frisk_florida_here_s_how_to_avoid_consens ual_police_encounters.html?wpisrc=obnetwork


Here Are Some Tips on How to Avoid "Consensual" Police Encounters By Justin Peters (http://www.slate.com/authors.justin_peters.html)


In November, I wrote about Joseph June (http://www.slate.com/blogs/crime/2012/11/30/stop_and_frisk_florida_is_there_such_thing_as_a_co nsensual_police_encounter.html), a Florida man sentenced to five years in prison for cocaine possession. The cocaine was found in a search that stemmed from a “consensual encounter,” one into which both parties entered voluntarily; the officer had no reason to suspect that June was engaged in illegal activity, and just stopped him in order to chat. In the initial piece, I suggested that consensual police encounters are often anything but. Cops have guns, and handcuffs, and cars with back doors that don’t open from the inside. Even if a police officer is polite as pie, he or she will have the upper hand in most conversational situations. As a consequence, most ordinary citizens will feel compelled to talk with a police officer even when, legally, they don’t have to.



Since then, I’ve received a lot of emails from readers asking what, exactly, you should do if you find yourself in a supposedly consensual conversation with an officer of the law.Apparently a lot of innocent, non-suspicious-looking people have been or expect to be pressured into gratuitous interactions with the police.And, from the emails I’ve received, a lot of people have no interest in talking to the law in these situations. Which, to be sure, is their right. You’re under no obligation to talk with a police officer in non-investigatory situations, and you shouldn’t be intimidated into feeling otherwise. (And to be clear, I’m not talking about those times when a cop stops you for speeding, or jaywalking, or stealing an old woman’s purse. In scenarios like these, when there’s reasonable suspicion that you’ve done something wrong, you’re obliged to cooperate, and refusal to comply may lead to your arrest.)



The simplest answer is that you need to be explicit. It’s up to you to assert your rights. If an officer of the law stops you for a conversation, make it clear that you are uninterested in participating. Ideally, the officer will move on, and the encounter will end. Sometimes, the cop might become offended or truculent and use force or other means to compel you to stay. In this scenario, you might eventually end up in court, which is why you want to make sure that your actions are as clear as possible.



In an excellent, thorough 2001 article (https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=38+San+Diego+L.+Rev.+507&srctype=smi&srcid=3B15&key=35e8f03562c31f9817cabf6e1afdd87a) for the San Diego Law Review, Daniel J. Steinbock proposed a three-step approach for avoiding unwanted consensual police encounters, informed by the relevant case law. Making the good point that not all police-citizen interactions are adversarial—sometimes, a cop just wants to buy you some boots (http://www.nytimes.com/2012/11/29/nyregion/photo-of-officer-giving-boots-to-barefoot-man-warms-hearts-online.html)—Steinbock suggests that citizens answer an officer’s request for conversation with “Why?” or “What is the reason, officer?” If the reason is anything other than overtly benign, or if the police officer gives a non-answer (something like “This’ll just take a minute”), Steinbock suggests you proceed to the second step: “Just Say No.”

...

tailfins
01-21-2013, 04:21 PM
Outstanding topic! I would just tell the cops I have viewed some ACLU videos recently and would rather not converse with the police, then explicitly ask "Am I free to go?"

ConHog
01-21-2013, 04:22 PM
While not a topic I'm terribly interested in, I read and thought of some here that this may be of interest to:

http://www.slate.com/blogs/crime/2013/01/03/stop_and_frisk_florida_here_s_how_to_avoid_consens ual_police_encounters.html?wpisrc=obnetwork


wouldn't NOT having cocaine on one's person be a much easier solution to this "problem?"

Kathianne
01-21-2013, 04:24 PM
wouldn't NOT having cocaine on one's person be a much easier solution to this "problem?"

As I said, 'not an issue that concerns me,' in general terms I like cops. Some of my favorite people are cops. However, some have issues that have nothing to do with breaking the law, they just view the police as adversaries on principle. Others, like you say, have something to hide and do NOT have to enter into these conversations.

ConHog
01-21-2013, 04:28 PM
wouldn't NOT having cocaine on one's person be a much easier solution to this "problem?"


As I said, 'not an issue that concerns me,' in general terms I like cops. Some of my favorite people are cops. However, some have issues that have nothing to do with breaking the law, they just view the police as adversaries on principle. Others, like you say, have something to hide and do NOT have to enter into these conversations.

Wasn't implying that YOU in the singular had a problem lol. I meant in general.

I'm just waiting for someone like Rev to come into a thread and bemoan the number of cops out there who trick innocent people into confessing to a crime.... LOL which yes, happens sometimes, about as often as a law abiding gun owner commits a crime with his gun.

tailfins
01-21-2013, 04:37 PM
Wasn't implying that YOU in the singular had a problem lol. I meant in general.

I'm just waiting for someone like Rev to come into a thread and bemoan the number of cops out there who trick innocent people into confessing to a crime.... LOL which yes, happens sometimes, about as often as a law abiding gun owner commits a crime with his gun.

If you include misdemeanors as crimes, I would say people get tricked far more often than that.

ConHog
01-21-2013, 04:39 PM
If you include misdemeanors as crimes, I would say people get tricked far more often than that.

How so? If you don't commit a misdemeanor there is nothing to be tricked into admitting?

Or are you talking about police entrapment type situations which is something entirely different?

aboutime
01-21-2013, 05:58 PM
Outstanding topic! I would just tell the cops I have viewed some ACLU videos recently and would rather not converse with the police, then explicitly ask "Am I free to go?"


GEE WHIZ...What will I, and my wife, and our neighbors to our left do when the neighbor who lives to our right comes home?

Both he, and she are married. And both are Police officers.

Do we need to get permission to have a consensual conversation with both of them? Or, should we just ignore them, and ask the
ACLU how to handle our neighborly communications problems since OUR home is SEMI-Attached to their Home????

Bottom line for this thread. If you have done nothing wrong. Not broken any laws. Have nothing to be ashamed of out on the street.

Why show any, or all police officers how STUPID you are by asking them STUPID questions???

Political Correctness aside. We are ALL HUMAN BEINGS. You only need to explain things by ACTING LIKE HUMAN BEINGS.

Kathianne
01-21-2013, 06:02 PM
Outstanding topic! I would just tell the cops I have viewed some ACLU videos recently and would rather not converse with the police, then explicitly ask "Am I free to go?"

From my understanding, just keep reiterating.