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by pmiller2 2347 days ago
TL;DR:

* Act like a normal, sensible person. Don't try to provoke them, and don't give them any reason to escalate the encounter.

* Don't allow police in your home without a warrant.

* Affirmatively deny consent for searches. This includes your home, car, and personal belongings.

* Assert your right to remain silent.

Unless you're reporting a crime where you're the victim (and, sometimes, even then), you should only talk to police with a lawyer representing you present.

3 comments

How much of that is it reasonable to do as an immigrant?

Aren't police allowed too search all sorts of things with easy excuse? My refusal is a form of escalation especially since they can arrest me on whatever, then let me go, and that alone could jeopardize my immigration status (all those visa questionnaires starting with "have you ever been arrested").

Why concede your adversary any advantage.

By calmly and clearly asserting your rights, you're preserving whatever slight edge you have. All the better if there are witnesses or recordings.

Allowing searches, answering questions, fleeing, or resisting, all work against you. Stating you don't assent, clarifying that requests are orders, and complying under protest, are options.

"Good (morning|day|evening) officer" is a good starting response. It makes clear that you aren't rattled, and concedes nothing.

And no, immigrants (or minorities) don't start with a fair break. But you can keep from letting that disadvantage erode further.

Slow movements, hands in sight, etc., all help.

If you consent to the search, what's to say they don't hose you anyway?
nothing
Immigrants have most of the same constitutional rights as citizens in the US. I’m particular, the 4th and 5th amendments still apply.

Chances are that if they were going to arrest you after refusing to talk or allow them to search, they were going to arrest you anyway.

> Act like a normal, sensible person. Don't try to provoke them, and don't give them any reason to escalate the encounter.

The problem is asserting your rights and not acting like a docile thankful citizen can get treated as escalation in and of itself.

Citation needed. There are 700,000 cops in the US, some conducting 20+ traffic stops a day. How many people are being arrested because they asserted their rights? Especially in the age of smart phones and body cameras, it's pretty small. Of course it happens, no system is perfect, though we should strive to be, your rights aren't a formality. Don't flex them, exercise them. They're like muscles. Flexing is just showing off for no real purpose. Exercising them makes them stronger. Not exercising them makes them atrophy.
It's not purely about being arrested but it does happen that people get arrested just for filming.

And I'd be way more receptive to the 'a few bad apples' argument if the whole thing didn't react to any charges or investigations into those bad apples as an attack on the whole followed by at best a retirement right before they get disciplined and fired (where they usually just go work for a different department or security).

https://sacramento.cbslocal.com/2017/11/29/man-arrested-for-...

It's absolutely true and unfair that getting upset at your predicament can move used an excuse to harm you.

That's why you have to act like a sensible, docile, thankful citizen who also asserts your rights. Do not act "normal". Normal gets you hurt.

If your 'normal' is "abrasiveness asshole with a hair-trigger temper", then definitely don't act normal. If your 'normal' is "sensible and calm", then act normal.

Whether "normal gets you hurt" or "gets you a professional interaction" says more about your particular personality than anything else.

I may have erred in commiserating with the young officer attempting to extricate one neighbor's cat from another neighbor's tree? (The neighbor with the tree is a lawyer, but he's not my lawyer and he wasn't home at the time.)