The Law Office of Hoot Crawford, P.A.
A
Law Firm Proudly Providing Legal Services to Citizens in Panama City, Bay County, Florida
and the surrounding Counties in the legal areas of
Criminal Defense, Family Law, Civil Litigation, and DUI.
"When you're stopped by the police, you run the risk of being arrested or hurt, or both. Obviously, your risk is greater if you're a racial minority or you don't look like a white-collar professional.
If you're stopped or arrested, you want to try to avoid conflict to keep the police calm. The following tips may help. They're combined from several sources nationwide (including the ACLU and myself)."
-- Hoot Crawford
What to do if you're arrested
1. Stay calm and in control of yourself including your words, tone of voice, body language, and emotions.
2. Do not run or walk away. Keep your hands where police can see them -- don't put them in your pockets. (Don't make the police nervous by wondering if you have a weapon.) Don't make any sudden movements. Never touch a police officer.
3. Give your name and address only if you're asked to, but remember you don't need to say anything more. (The caveat is that if the police are annoyed by your refusal to say more, they may haul you in out of spite.) Remember, anything you say or do can be used against you later.
4. It's illegal for the police to search you if you're not under arrest. (Of course, they may do so anyway.) The police may ask you for permission to search. DO NOT GIVE THE POLICE PERMISSION TO SEARCH ANYTHING, POLITELY REFUSE BY SAYING NO AND REQUESTING AN ATTORNEY. Once you GIVE them permission, then you can't argue later in court that they performed an illegal search.
5. Try to remember the officers' physical decriptions. Try to memorize badge numbers, names, license plate numbers, and police car numbers. Once the police stop questioning you, write all this down as soon as you are able.
6. Ask bystanders to stand at a discreet distance and observe. The police are less likely to do something wrong if there are people watching. People have a right to stand at a reasonable distance and observe as long as they do not interfere. (The police may consider that bystanders repeatedly asking them questions constitutes "interference".) Get the names and phone numbers of the witnesses afterward in case you need them in the future.
7. If you are being abused, don't resist. Once multiple officers start hurting you, you can't stop them by resisting, and struggling may only encourage them. Think of a cat playing with a mouse -- while the mouse is struggling, the cat is excited, but when the mouse stops moving, the cat loses interest. In some cases, the police may continue to abuse you even if you don't struggle, but since struggling can't help you, it's best not to try. If there are ten officers on scene I don't know how many it will take to whip your butt, but I can tell you how many they will use (thanx Ron White)
8. If they let you go and you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first and ask for a copy of the records and bring them with you to your attorneys office.
9. If you feel your rights have been violated, file a written complaint. Keep a copy of the complaint, and make sure a family member or close friend has a copy.
10. ALWAYS be polite and respectful.
If you are arrested:
1. Do not resist arrest, even if you believe you are innocent. You will be arrested anyway, and then you'll have the additional charge of Resisting Arrest. Also, the police are more likely to hurt people who resist arrest.
2. If you are told that you are under arrest, give only the name, address, and telephone number of you, your immediate family, and your employer. This information is needed in setting bail.
3. You have a right to remain silent. Say only, "I want to talk to a lawyer." If the police continue to question you, do not answer. Also, do not speak on a video tape or to a district attorney about anything. Remember, it's in the police officers' best interest to get you to incriminate yourself. If you're arrested with somebody else, don't talk with them about the incident in the back of the police car even when the police are not in the car; many police cars now secretly make video or audio recordings of such conversations.
4. You have a right to make one phone call to your family, lawyer, or organization (remember the phone you use may be tapped).
5. Do not act defiant or talk about filing complaints. You do not want the police to retaliate against you while you're in their custody.
6. You will be handcuffed searched, photographed, and finger-printed.
7. Try to get the names and badge numbers of the police who arrested you or deal with you in the police station. (This information is your right.)
If your friend is arrested:
1. Remember the officers' names, badge numbers, and car number. You have a right to ask their identity. Be polite and don't threaten to file a complaint; you don't want them to arrest you too out of spite.
2. Remember the time, date, and place of the incident.
3. Get the names and phone numbers of witnesses.
4. If possible, photograph or videotape the incident.
5. Get a name of a relative to contact if the person is arrested.
6. Ask on what charge your friend was arrested and where (s)he is being taken.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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