3 Things to Remember During Police Encounters — A Judge’s Perspective
By: Judge Carlos Moore
Tags: PTSD, Social Justice, Lawyers, Community, Civil Rights

Photo: The Honorable Judge Carlos Moore, National Bar Association President

Each day members of the community have interactions with local or state law enforcement. The vast majority of law enforcement officers are inspired by the call to protect and serve. However, the fact remains that police brutality is a tragic cancer that too often has lethal outcomes.

As the first African American Judge in Grenada, Mississippi, I am a personal witness to the long-term mental and physical trauma that lingers long after brutal attacks have occurred. Unlawful attacks and brutality suffered by often unarmed citizens devastates communities and damages relationships with officers who have a genuine passion for service.

If you find yourself involved in a traffic stop, pedestrian encounter, or are approached on your property, these three steps can save your life and put you in a legal position to protect yourself.

1. Remain calm.

When a citizen is in fear for their life, it is natural to shake, feel nervous, change voice volume, tone, or breathing, and police officers are trained to know this. A reputable officer of the law will not attempt to agitate or provoke a reaction from citizens. If you believe you are being targeted unjustly or handled aggressively, you must remain calm. Answer questions directly, briefly, and minimize the time of your encounter.

2. Record the interaction.

If you are driving, be prepared to pull over in a well-lit area with bystanders or a store parking lot that might have cameras to record the encounter. As long as you navigate to a safe site to pull over at regular speed, this should not escalate matters.

· Use your smartphone’s video or audio feature and prop it up or put it on a flat surface like the seat next to you or dashboard, keeping your hands visible.

· Provide your identification. Officers should be in uniform or a marked car. If they are unidentifiable, you have the right to ask for their credentials.

· Ask why you are being stopped.

· If a crime is mentioned, ask if you are being considered as a suspect or witness. If the officer states that you are a suspect or match a description, you have the right to remain silent. Do not provide any information other than your name and identification. Request a lawyer.

· A law officer cannot search your car, glove compartment, or trunk without your permission or a warrant. If they claim to smell a substance or state a K9 officer picked up the odor of contraband, they still cannot legally search the vehicle without your consent or a warrant.

If you are walking and approached by law enforcement, follow the same steps and determine why you are being stopped. If you are unjustly accused of a crime or believe you are being mistaken for another person, attempt to provide an alibi if you can.

Valid alibi’s include being at work, a family member’s home, a store, a doctor’s appointment — take a moment to recall if you can immediately prove that you were elsewhere. If you cannot provide an alibi, remain calm to survive the encounter.

3. Consult an attorney immediately.

If you are mishandled, your attorney may be able to charge the officer with a violation of your 4th amendment rights, false imprisonment, and false arrest if wrongly arrested. If you incur injuries, document all and any treatment required. Once the encounter has passed, you may be entitled to damages if the encounter is an egregious abuse of power.

About the author:

Judge Carlos Moore is the National Bar Association President, Partner at the Cochran Firm, co-author of the bestselling book The Five Brothers, and a civil rights advocate. Follow him on Twitter, Instagram, or Facebook.