Staying Safe in Law Enforcement Encounters
Note from Professor Charli: In light of the many issues covered by the media surrounding stops by law enforcement, particularly among minorities, I thought it might be a good idea to have this discussion in class. James Hitt is a retired law enforcement officer who spent many years in the field interacting with the public. His tips and suggestions just might save you time and trouble when you are stopped in a vehicle or otherwise detained by law enforcement. Please remember that an officer doesn’t know who you are and may also be fearful for his or her own life as well. We are all only human. I am not making excuses or judgments in either direction, rather I am trying to help keep you safe.
As we watch the Sandra Bland Documentary observe how quickly her situation escalated. At one point you can hear her say “I can’t believe a lane change came to this” or words to that effect. This is exactly why I want you to hear what James Hitt has to say. You can be absolutely right (as I believe Sandra Bland may well have been) but what you say and do is critical if you find yourself in this situation. Play it safe. Being right is never worth your safety, although I realize sometimes you just can’t change the outcome. (Tamir Rice, Phillip Castillo, Trayvon Martin and others)
First: Get into a good habit of checking over your vehicle regularly. Check lights, blinkers, tires and windshield wipers for any deficiencies and keep them in good working order. This is something you should do at least weekly. Before you go on a road trip check the oil and make sure you have plenty of gas too. Plan your trip out and make sure that you have planned for rest stops. Do not drive when you are fatigued or overtired. This is a recipe for trouble. Do not engage in road rage interactions. You have no way of knowing if the other individual is carrying a firearm, is under the influence of drugs or alcohol, or is just plain dangerous.
Tip! That little lever on the left side of the column underneath the steering wheel, you know the one that treats your blinkers on for right and left turns? How about using it? If you need to make that lane change be sure to give plenty of notice to the vehicles around you and allow enough space to change lanes without endangering yourself or anyone else on the road.
Tip! Unsafe lane changes and following too close are the leading causes of starting a road rage incident! You cannot control the people around you, but you can control how you react and behave on the road.
During a Traffic Stop: During a daytime stop please ensure you are wearing your seatbelt. Don’t be caught texting or talking on your cell phone unless it is hands-free. If the officer activates his/her emergency lights, turn on your right blinker and carefully pull over to the right at your earliest safe opportunity. Turn your vehicle off and wait on the right shoulder. Keep your hands on the steering wheel and do not make any sudden or furtive movements. Remember, the officer doesn’t know who you are and has a right to be cautious.
If and when the officer approaches your vehicle he/she will ask you for your driver’s license, vehicle registration, and proof of insurance. Whatever you do or say at this point will set the stage for what comes next. It is important that you do not challenge the officer by implying he/she is racist and only stopped you for that reason. Unless you have a history with this particular officer, I can tell you he/she won’t know what race you are until he/she approaches the car. The driver seat kind of blocks the officers view from his/her position and in most cases h/she will not see you clearly until he/she is at your window.
Interaction and Sobriety: The officer may ask you, “do you know why I stopped you?” The best course of action is to look surprised and say no officer I don’t. Now at this point, it is important to follow the officer’s instructions as he/she may ask you to step out of the vehicle and submit to a field sobriety test. If the ground is uneven, it will be to your advantage to decline. However, you will then be taken into custody and transported to a safe place to perform the test. If you have been drinking and you are requested to give blood, breath, or urine, the results will all come back the same. I would recommend taking the blood test. The body burns .25% alcohol per hour, and by the time they get a nurse there to take the blood, you could be under the legal limit, which is .08% in California.
Citations: now, if the officer is giving you a citation for a vehicle infraction, don’t get into an argument with him or her. You will lose. Sign the citation politely and go to court where you can speak to a judge. If you have a passenger in the car, ask them to accompany you to court. If the officer speaks to you in a demeaning way file a complaint with that officers agency. Law enforcement agencies have Internal Affairs Offices that will investigate any wrongdoing by the officer. Whatever you do, don’t try to run or assault the officer as these two actions are the quickest way to see the inside of an ambulance.
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