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By Attorney Scott Wood
I have been a civil rights defense lawyer for over 20 years. Before that I was a police officer. I have represented more than a hundred officers in officer-involved shooting investigations. Over the last twenty years I have taken the depositions of numerous fathers and mothers in civil lawsuits who had one thing in common; their child, usually an adult male, had been shot and killed by a police officer or died while being pursued by the police.
I asked them all the same question: “When you were raising Billy, did you ever talk to him about how to conduct himself when he came into contact with a police officer?”
The answer 90% of the time has been, “No, why?” Only once did I have a mother tell me she told her son (the week before he was killed) that if he continued to act the way he was, he would be shot and killed by the police. Indeed, he was.
Based on my experience, the best advice I can give as a seasoned attorney on how not to get shot by the police and to avoid an excessive force situation is to follow these 8 rules. Feel free to share these widely… and please e-mail editor@calibrepress.com to add to the list.
1. Obey the law. If you don’t, chances are you will eventually be in contact with the police, whether your crime is a felony or a simple misdemeanor. Going out into the public under the influence of drugs or alcohol, or both, is a crime. It also impedes your ability to effectively communicate, which could significantly influence how your contact with law enforcement goes. It also impairs your ability to make reasoned decisions.
2. Remember, you don’t know what the officer knows, or has information about. He could be mistaking you for someone else because you, or your vehicle, fits the description of a criminal suspect. If you cooperate fully, it is likely you will be on your way soon, unless of course you are violating Rule #1, and are committing some other crime.
3. Be cognizant of your surroundings. If you are in a high crime area, it is likely enforcement efforts there are more concentrated. Your chances of a police encounter are more likely.
4. If you decide you don’t want to be detained, your best bet is to pre-think that decision right now. Rarely does a suspect physically overpower an officer and then escape without having to kill the officer. The modern-day training and tools (OC spray, TASER, expandable baton, police radio, body worn camera) used by police officers today make it more likely the officer, along with some of his comrades, will thwart your attempt. Remember, officers have the legal right to overcome any resistance you are offering. The more resistance you offer, the more force they are allowed to use to take you into custody. If they use too much force, you have legal recourse.
5. If you decide to ignore Rules 1 through 4, Rule 5 is very important to remember. If, after you decide to resist efforts to be detained or arrested, and you grab a police officer’s gun, whether in its holster or in the officer’s hand, the likelihood that you will be shot is extremely high. The reason is because of a statistic that the FBI has been keeping track of since the late 1950’s. From 1957 to the late 1980’s, 1 officer in 4 who was killed in the line of duty was killed with his own gun. With the development of better holsters, the use of semi-automatic weapons instead of revolvers, and better training on weapon retention, that statistic has improved to about 1 in 10. But remember this–existing case law holds that it is reasonable for a police officer to believe that if you are trying to get his gun, you pose an immediate threat of serious bodily injury or death to him, and he is entitled to use deadly force to protect his life, the lives of other officers or any nearby citizens.
6. Please remember this. Money for training police officers has been shrinking for decades. You may encounter an undertrained or improperly trained officer. Fighting or resisting someone like this is extremely dangerous. They might shoot you when they should not. They might try to Tase you, but accidentally shoot you. They might handcuff you and lay on top of you until you suffocate. Beware the improperly trained or under trained officer.
7. If you have a teenaged child and you care about them, before they start driving talk to them about the rule of law, and the respect they need to show for it and the officers tasked with enforcing the law. When they encounter an officer, they should be polite and follow any lawful commands the officer gives to them, which would include presenting identification upon request and getting out of a vehicle they occupy when told by the officer to do so. Instruct them to follow such preliminary commands, even if the officer is not nice to them or talks to them inappropriately. There are other courses of action you can take against officers who are not following the rules and regulations that apply to them. Most encounters are now recorded on body worn cameras.
8. If you feel you are the victim of police misconduct, then you need to file a complaint with Internal Affairs and request a copy of the recording of the arresting officer, as well as any other officers who were on scene. If you think what was done to you was criminal in nature, make sure it is reported. If you don’t want the agency the offending officer works for in the investigation, contact the District Attorney’s office who can direct you to an appropriate agency. If you don’t report misconduct there is no way to track officers who may be violating the policies of the department, violating civil rights, or violating the law.
Stay safe and remember, you and your decisions are the first line of defense against becoming involved in a police use of force incident.
What do YOU think? More to add? Feedback to share? E-mail us at: editor@calibrepress.com
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Thanks again to LensLock for sponsoring this important article. Be sure to check out their excellent cameras and evidence management options at:
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As a retired 38 year LEO Veteran I obviously agree completely with the author. Unfortunately this information is preaching to the choir so to speak.
Somehow this information has to be disseminated to the public through the media and what ever other means police officials can use.
Until most police executives pressure their local media enough to gain cooperation, this won’t fall on the ears that need to hear it.
Also we all know the hardened criminals could care less and will still not comply with lawful commands. Police executives of this generation must stand up to “progressive” civilian leaders and be willing to risk their position in the process. All future police executives must be willing to do the same so civilian leaders will be limited in finding replacements.
Now back to the real world, this is easier said than done.
Be safe brothers and sisters in blue!
Scott, a good article and your advice is well-taken. I know that it is not politically correct to discuss the following items but, in my opinion, they need to be discussed. I too am a police officer turned lawyer. I consult on training issues with various police departments, I represent officers and citizens in civil rights actions and defend those wrongfully accused of crimes. I have been practicing for 31 yrs and was a police officer for 10 yrs prior to law school.
The one question I get asked by citizens is, “what do I do when the police won’t tell me why he/she stopped me?” A traffic stop is the one area where things go from bad to worse in less than 2 secs. A traffic stop is not the time to argue with the police. If a person is stopped by the police, the best advice is to cooperate and be polite even when the officer is rude and/or wrong about the reason for the stop. If you are argumentative right from the start, chances are you are going to get a ticket, get arrested or possibly get shot.
Once you start arguing with the police, you put the officer on the defensive. The officer immediately becomes concerned about your hostility, which leads to fear. The officer’s concerns are heightened, then the officer misinterprets your actions when you reach for the glove box even though she orders you to freeze and “bang, bang, bang” you are now shot. Even though there was nothing in the glove box to hurt the officer, she will definitely say that she was in fear for her life because you were hostile and arguing with the officer. She told you to stop but you talked over her order to stop. She feared that you were going to shoot her. No gun, but you are now dead or paralyzed – all because you could not help it, you just had to argue with the officer.
A traffic stop is not the time to argue with the police. You hire a lawyer to argue for you in court, where the chances of getting shot or beat up is practically zero. Keep in mind – if you run, they will chase. If you fight, you will lose and you will likely go to the hospital and then to jail. Yes sir and no sir still go a long ways to surviving a police encounter.
Dear Sir – You hit the nail square on its head. JUST DO WHAT WE ASK OF YOU!!! It’s so simple, anyone should be able to do it.
Bravo to You!!
CSI Jimmy
About 20 years ago, Chris Rock made a very funny and actually very apropo video about how not to get your ass kicked by the police. Although done in humor, it was very accurate in depicting what actions that trigger a physical response from the police. Since it was made by a black comedian and featured black actors as the antagonists, it can’t be considered ‘racist’.
Simply comply with directives. If you don’t agree with them, you can investigate, comment or complain through other avenues after the fact.
Great article, if only you could get this information out to those that really need to hear it. If only “Common” sense were common.
It cannot be said any clearer than that. Thank you. This should be on every news channel and media website in the country.
A very poorly written article. It is difficult to figure out the rule from the wordy description. What does this phrase even mean: “If you decide you don’t want to be detained, your best bet is to pre-think that decision right now”? It would be better stated as “do not physically resist the police, even if you believe they are in the wrong.”
Rule 3 is weak; does being in a high-crime area absolve police from having reasonable suspicion and probable cause? I think the author means to say something along the lines of – answer police questions respectfully and as best you can, knowing you or your vehicle may match a description they are actively looking for.
Rule 7 should be higher up and stated as: remember there are 2 types of respect: respect of person, and respect of position; always show a basic level of respect to those in positions of authority.
Respect of position comes as a result of the position of authority or influence they hold, and that irrespective of you knowing them personally. There is a minimum level of respect owed to a judge or a police officer as people in authority with consequential decision-making powers. Showing a basic level of respect for the office they hold always benefits you.
This should be taught in schools anymore, since a lot of parents/guardians seem to fail to do so.