You are walking or driving along, minding your own business, when suddenly you see flashing lights or hear that terrifying “Hey, you!” You definitely don’t want to be arrested, but even more importantly, you want to make sure you survive this encounter.

The number one rule for dealing with law enforcement is Safety first. Stay calm and polite. Move slowly. Keep your hands where officers can see them. De-escalate. It shouldn’t be your job to de-escalate but the reality is that if the officer is scared, YOU are in danger.

Give your name then say OUT LOUD that you wish to remain silent. You have the right to remain silent and I can promise you – Anything you say WILL be used against you, there’s no “may be” about it.

Don’t try to explain. They probably aren’t looking for the truth. They aren’t your friend. They are not there to help you. They are looking to make an arrest. I have seen more convictions come from people who thought they could explain than I have from good police work and skillful investigation.

But don’t argue. Good cops will respect your right to remain silent once you invoke it. If they are still trying to get you to to talk – you’ve got one of the bad ones. BE CAREFUL.

Definitely don’t lie or give false documents. That can lead to additional criminal charges. Just say “I want to keep silent”.

Don’t consent to a search of yourself, your car, or your home without a warrant. If you consent, that consent is binding. Anything they find we be considered fair game in any future court action. State clearly that you do not consent to a search and ask them to get a warrant. Good cops will get a warrant to search if they have grounds, unless there’s a true exigent circumstance (i.e. danger or emergency). If they go ahead and search without a warrant, let them, even if it is unjust. Trying to stop them can put your life at risk and can lead to additional charges. Plus, an illegal search creates an issue that your lawyer may be able to use later.

Ask if you are free to go. If they say no, ask if you are under arrest. If not, exercise your right to calmly leave.

Don’t interfere with or obstruct the police, but…

FILM EVERYTHING. We all have a virtual movie studio in our pockets. Use it to protect yourself. As soon as the police stop you or pull you over – start filming or have friend do so. You have right to film the police. Milwaukee PD even has a protocol for what to do when an officer is filmed. This right has been upheld in the Federal courts that oversee Wisconsin in for instance, ACLU vs. Alvarez, a case in which individuals and organizations that wanted to monitor police activity in order to detect police misconduct were prosecuted in Illinois (FIBs – amirite?).

Since many jurisdictions in Wisconsin continue to support police misconduct by refusing purchase police body cams, it falls to the public to keep them honest. Inexplicably, judges, DAs, and the majority of the folks on juries believe a police officer over a regular citizen unless faced with overwhelming evidence that they are lying (in which case, it will all be chalked up to a mistake.) All to often I see supposed witnesses come forward and tell me that the cop misconstrued what they said. Inevitably, the District Attorney accuses the so-called victim of “changing their story”. To them, it’s inconceivable that the officer could have misstated in his zealous search for the truth, much less have intentionally distorted or fabricated the statements. You need film or audio to ensure that your words and actions aren’t misconstrued.

If they decide to arrest you, go with them peacefully EVEN IF IT’S unjust. Many people have been convicted of Obstructing Police, even though they broke no other laws and they were never charged with whatever started the encounter with law enforcement.

You have the right to a lawyer. If you are arrested, ask for one immediately and say again that you wish to remain silent.

Regardless of your immigration or citizenship status, YOU HAVE CONSTITUTIONAL RIGHTS.

Call us at 262.221.4848 or contact us online to schedule an initial strategy session.