By: Onofre Jusino, Ph.D.
IN GENERAL TERMS, Police officers have TWO reasons to exist in our society: To PROTECT and SERVE the public. They are hired, trained, and supervised to ensure that people comply with the State and Federal laws, as well as the ordinances, and regulations that apply to each state, county, or subdivision.
THE GREAT MAJORITY of Police Officers do their work in a very professional way, with an interest in serving the public and sometimes BEYOND THEIR EXPECTATIONS. Many of them are anonymous HEROES in our society. Others on the contrary don’t follow the law, regulations, or the behavior that is expected from a public servant, and these are the ones that we have to be AWARE of when for whatever reason we get in contact with them as part of their work.
EACH POLICE OFFICER in their training have to know the laws and regulations that they will be enforcing to the public as part of their interventions. By this, I will have to point out that police officers SHOULD have a better understanding of those laws and regulations than the general public has, which means that any officer can intentionally or not “play around the law ” to catch anyone, even when that person is INNOCENT of any crime. Police officers should know and PROTECT your CONSTITUTIONAL RIGHTS.
One good example of this is that when there is any intervention of the police if you LIE to them or say something that is not true, and I mean ANYTHING, even as a joke, he can arrest you for lying to the police, and that is a FELONY offense, but on the contrary, Police officers are allowed to LIE TO YOU by law (see FRAZIER v. CUPP 394 US 731 – 1969) where they can use all kinds of lies, deceives, techniques, or tells you that they have “evidence”, etc. to get you to admit, confess or “hook you up” into a crime or any wrongdoing that you haven’t committed. Their action could be seen as the PIRATE SHIP WITH AND IDIOT FLAG to catch you, and it is legal to do so because that is the law.
SO, WHAT CAN YOU DO? If you keep the following advice, the PROBABILITY of getting a CONVICTION for ANY crime could be 99% LOWER than not following it.
1- Always follow the laws and ordinances and look to READ them as much as possible to avoid any misinterpretations. The three most important laws are the PENAL CODE, which is the one that regulates CRIMINAL conduct of people, the US CONSTITUTION, which tells you your RIGHTS, and the VEHICLES or traffic laws, which are the ones that show to have more police interventions.
2- Always be CALM, POLITE, and RESPECTFUL, even if the police officer is not. Just try to imagine that you are in front of a judge and a jury, and the intervention that you are having with the police officers and their ATTITUDE is being recorded by their body cameras and patrol car, which are going to be YOUR EVIDENCE about their acts, and your behavior when the intervention occurred.
3- If the intervention occurs while you are driving a vehicle, remember to always have your driver’s license, car insurance, and registration available to be shown without any delay. If the police officer approaches you with a question like, “Do you know why I stopped you? ” just say NO. If he says “Do you know how much you were speeding?” just say YES, without any folder elaboration or explanation.
If the police officer asks you ANY other question, like where you are going or where you have been, just say that you don’t want to answer any question, and if the officer asks you why, just say that IT IS YOUR CONSTITUTIONAL RIGHT to talk or NOT to talk, as part of the Freedom of Speech in the First Amendment, as well as the Fifth Amendment that protects you AGAINST AUTO-INCRIMINATION. If the police officer keeps asking you questions, say that you want to HAVE A LAWYER PRESENT before answering ANY further questions, because that is your Six Amendment right of the Constitution. Remember that everything is being recorded and the JUDGE and the JURY will see that evidence and the way you are behaving according to the law and your RIGHTS. Also, that recording evidence will help you to make a complaint against the police officer in case he violates your constitutional rights. Remember that when you REQUEST TO HAVE A LAWYER PRESENT before answering any further questions, the police officer will have to STOP your questioning.
3- NEVER TRY TO EXPLAIN YOUR BEHAVIOR OR ELABORATE ANYTHING TO THE POLICE, and I mean NEVER. When he is doing an intervention on YOU, he is not your ally, friend, counselor, mentor, teacher, lawyer, etc. When he starts asking questions with a smile on his face, BE CAREFUL, he could be just trying to lower your defenses to catch you in something to ARREST you, and that is part of their strategy. Remember NEVER allowing the police to search you, your car or your house without a search WARRANT, it is your Four Amendment Right.
Always remember that there are EVIL people in ALL kinds of professions, so be ALERT and keep your mouth SHUP. By knowing your Constitutionals Rights of having a LAWYER present at ANY moment when you are being questioned, interviewed, or interrogated by the police, you are protecting yourself with your CONSTITUTIONAL RIGHTS.
I WOULD LIKE TO KNOW YOUR OPINION.
