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November 9, 2020

The 3 Worst Things to do in a Police Encounter

October is a month dedicated to all things scary. Ghosts, ghoulish blood and the walking dead are symbols every Halloween season.  While Halloween makes fun of fear, many motorist have reason to be scared this October and at other times of the year.

Whether your child is a new driver or you are a seasoned motor vehicle operator; history shows that being a driver may expose you to a police encounter.

Many police encounters end with a warning or traffic ticket.  However, encounters that result in an arrest, detention or search of your property and person are the interactions that scare and cause fear.

The worst actions you can take during police encounters are:

  • make statements;
  • consent to a search; and
  • fail to exercise your right to have an attorney present.  

To minimize the negative impact police encounters have on your future:

1.  Do not make statements, offer information or "tell your side of the story" to law enforcement.

2.  Do not consent to the search of your person, property, vehicle, home, office, etc. Do not consent to any search.  

3.  Do not answer questions, agree to be video or audio taped, sign documents, etc., without an attorney present. Repeat early and often that you want an attorney present and then remain silent.

We all desire safe communities and roadways; free for all to use and explore.

In fact, American courts recognize the fundamental right of motorist to travel on interstates and roadways (See United States v. Digiovanni, 650 F.3d 498 (4th Cir. 2011).

Unfortunately, many African Americans are still subject to stops, interrogations and detention based on racially biased interpretations of innocuous behaviors.

Such benign behaviors as traveling in a group, carrying a large amount of cash or appearing nervous have been used against African American as indicators of criminality. For a summary of your rights during police encounters, please download the free eBook, available on this website.

Do not forget to add your name to the wait-list for the "Know Your Rights" eCourse that begins the 2nd Monday of every month.How can I help you? Connect with Judie Saunders at 212-709-8141.

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