As a person living in the U.S., it’s important to understand the different forms of police-citizen encounters. This way, if you ever come into contact with the police, you will be aware of what to expect and knowledgeable about your constitutional rights. Some common police encounters are as follows:
Consensual encounters happen when a police officer approaches a person in public and strikes up a conversation. While this is legal, anyone approached by a police officer has the right to refuse to speak with them and immediately withdraw from the encounter. People should be aware that anything they say to a police officer might be used against them in a court of law. As a result, answering police questions can lead to an inquiry and further detention.
Another type of police encounter is detention, or an investigatory stop. Detention occurs when a police officer detains someone to investigate them. The law requires that the detention be based on reasonable suspicion. The police must believe the suspect has or is violating the law. Adequate proof must be provided to guide reasonable suspicion. It follows that a police officer who conducts an investigative stop without probable suspicion of a crime is breaking the law.
It’s vital to remember that you don’t have the right to walk away or refuse to identify yourself during an investigatory stop. However, you do have the right under the Fifth Amendment to inform the police that you do not intend to speak with them.
Arrest is the final and most severe sort of police encounter. This category is guided by probable cause, rather than reasonable suspicion. A police officer is free to hold a person or use their authority to convey that the individual is detained if there is probable cause. As a result, probable cause is a far more effective criterion than simply reasonable suspicion, as it necessitates presenting information that could lead a reasonable person to conclude that an individual has committed an offense.
Following an arrest, the police officer will put you under custody and register you in the regional county jail or give you a court date. If you are being arrested, try to be as calm as possible. Always keep in mind that you have the right to silence and to be represented by a legal counsel.