If You Are Questioned

Law Enforcement Officers have the right and the duty to stop and question any citizen, whenever a felony has been committed and they have reasonable grounds to believe that the citizen may have been involved in that felony. If this should happen to you, your first reaction should be to cooperate fully with the officer. This is not harassment, unless the questions asked do not or cannot pertain to any real crime.

At your first opportunity, when you suspect that you are being harassed, you should ask, "Am I under arrest?" This forces the officer to inform you of your official status. If he or she does not formally arrest you at that point, then you are still a "private citizen" with all the civil rights thereof. You do not have to answer any questions, or allow the officer into any premises for which he or she does not have a warrant. Ask the officer, "What crime is under investigation?" The answer to this question should allow you to decide whether the officers questions are legitimate. Only then, if you are being harassed, should you use any of the following tactics.

You should not volunteer information about any persons or incidents, no matter what is promised to you. Anything you say can be used against you and others, and could be used out of context to mean something you had never intended. You will not clear yourself by naming others or describing events. It is best not to say a word until you have legal representation present.

Sometimes you could be subjected to bigotry, insult, or epithets from police who feel that intimidation will get them results from otherwise reticent subjects. Do not go into shock, do not lose your temper and do not respond in kind; it will only serve to pour more fuel on the fire and make matters worse. If you can remember exact words and details, write them down at the first opportunity and talk with a lawyer about whether you have adequate grounds for a civil rights complaint.

The police may take you to the station to talk. If this happens, ask to have an attorney present. Then, shut up. Don't say anything until the lawyer is there with you, and speak only if he advises it.

If you are in a public place with a multitude of neutral witnesses, like an event in a public park, you can speak a little more freely. Just remember, witnesses can work against you, too, so watch what you say and keep your temper.

If you are at another's home when the police come in, you should keep quiet also. Avoid incriminating your host. You really don't know what grounds are being used for the raid, and you probably don't know they are innocent of whatever it is; so avoid incriminating yourself or others. In this case, the time to act is afterwards; see an attorney.

In your own home, if the police ask permission to come in, the answer should be "NO." You should step outside and talk with them. If the weather is too inclement for that, or if they don't like this approach, offer to go to McDonald's or to the police station. You don't have to let them in without a warrant. If you are asked, "What do you have to hide?" turn it around and ask "What kind of question is that?" If they are not asking to come in, but breaking down your door, give way and let them in. Don't fight them or make any insults or threats, but remember all that is said and done, make notes, and get a lawyer.

If the officer looks frightened or angry, take extreme precautions not to do anything to startle him or make him think you are about to do him harm. This is a time of maximum risk to yourself, so be very polite and don't do anything that may be interpreted as a threat.

RANN
888-315-3850