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YSK: How to interact with US police

I was going to post this as a comment, but it was in an anarchism community, and I figured some sections of it might be unacceptable there. Hence, new post.

Here's a guideline of how to interact with cops. There are more or less three modes, depending on your read of the situation. Cops are not always the enemy or the maniacal whole-job-is-making-evil thugs that Lemmy sometimes makes them out to be. It really is bad for people to get mugged or their cars broken into, and they're the solution our society has come up with to minimize the amount of it that happens. It's not always a bad thing.

If you find yourself talking to the cops, there are more or less three ways:

  • They're there to solve a real problem. Someone's car got broken into, someone got beat up. Just talk with them. Tell them what you know, help them figure out the situation. In almost all of the US, their effect on the problem will be positive, and it'll be a lot more positive if they have a good grasp of what happened. If, in your opinion, the person they're trying to catch really did do something that warrants a law enforcement response, then give them a hand. Use your judgement as to whether that's warranted of course, and your impression of the justice level in your local area, since it varies quite a lot in the US.
  • They're there for you. Shut the fuck up. Don't say a goddamned word. It doesn't even matter if you didn't do it. Don't explain. Shut the fuck up. Be polite, obey lawful orders, definitely don't fight them or you'll get a felony and might also get injured or worse, but tell them that if you're suspected of a crime, then you'd like to talk to a lawyer, and you have nothing else to say. And then, shut the fuck up and cooperate. Maybe you want to go as far as "Were you shoplifting?" "What? No. That wasn't me, man." But any further explanation than that, just leave it alone. Definitely don't make something up on the spot, to make yourself sound innocent, if you did do it. For the love of God, don't do that.
  • They're there for someone who didn't do anything wrong. The reason for this post is, anything and everything with ICE and immigration falls into this category. Some things with local cops will, also. Just be unhelpful and simple. No, I didn't see anything. I don't know. I'm not sure. Be vague. Don't get creative, keep it simple, don't refuse to give your ID or otherwise antagonize them or commit minor crimes of obstruction, but just do your best imitation of someone who just fell from the sky. "So you've NEVER MET your neighbor. Your neighbor across the hall." "Nope." "Are you sure?" "Yeah, I don't know." "I mean, she gave us your name, she said she'd talked to you." "I don't know, I don't remember that." Don't embellish. Don't explain why. Just calmly let the silence linger and the pressure build up, without adding extra words.

Like I said, everything with ICE or other immigration authorities falls into the third category. No exceptions. Everything. The same applies with any type of federal law enforcement, I suspect, for the next few years.

132 comments
  • This is mostly a copy-paste from my comment in another post, but:

    Dont literally not talk to the police.

    Example: If you are at a car crash, and you literally remain silent and don’t verbally deny fault, the cops will assume its your fault (since the other driver will obviously deny fault) and the police report is say “[Your name] is at fault”, and that’s gonna fuck up the insurance claims. Always deny fault (but don’t make up false statements in the process of doing so).

    Also, if you are in the US, and is a suspect of an alleged crime, don’t actually literally remain completely silent. You have to verbally invoke your 5th amendment rights to protect against court shenanigans.

    Excerpt from wikipedia:

    In June 2010, the Supreme Court ruled in Berghuis v. Thompkins that a criminal suspect must now invoke the right to remain silent unambiguously. Unless and until the suspect actually states that he is relying on that right, police may continue to interact with (or question) him, and any voluntary statement he makes can be used in court. The mere act of remaining silent is, on its own, insufficient to imply the suspect has invoked those rights. Furthermore, a voluntary reply, even after lengthy silence, can be construed as implying a waiver. The new rule will defer to police in cases where the suspect fails to assert the right to remain silent. This standard was extended in Salinas v. Texas in 2013 to cases where individuals not in custody who volunteer to answer officers’ questions and who are not told their Miranda rights. The Court stated that there was no “ritualistic formula” necessary to assert this right, but that a person could not do so “by simply standing mute”.

    Source: https://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution#Explicit_invocation

    Just say a simple phrase such as “I hereby invoke my 5th amendment right to silence, and I want to talk to a lawyer”. Or if not in the US, just leave out the “5th amendment” part.

    (also, might be a good idea to have a few phone numbers of criminal defence attorneys memorized)

  • Also, never answer the question, "Do you know why I pulled you over?" with anything that sounds like an admission. They're fishing and looking to have you confess to a traffic violation.

    The honest answer is "No, I'm not sure why you pulled me over," because it's true. There are a million motivations they might have come up with to pull you over, and you're neither psychic or telepathic.

  • I had police called on me once. I was working for a homeowner while they were out of the country, and one of their neighbors called the police to report me being in the homeowners backyard.

    I was watering their plants, by the way. But their neighbors might not have known or seen that since the backyard is behind the house and a fence.

    Anyways, police showed up and took a few steps up the driveway to the side of the house where I was working and asked me if I was the homeowner. I politely said "No, I am not the homeowner." The officer gave me a look, to which I elaborated "I work for the homeowner, they are currently on vacation in [country name], and they asked me to water their plants for them." I was holding the water hose in my hand and the plants were wet on the side of the house he could see.

    He was also polite, asked me for my ID which I presented, he took a picture of it on his phone and then took some notes. He asked me to hang out around the front of the home a bit because I think he may have been relaying information to dispatch, but then he came back and shook my hand and said "Thank you for being cooperative, I was on a call with the dispatch who told me the person who reported you said the homeowner was on vacation in [country name]. I don't want to take any more of your time, but hope you have a nice day and I already let dispatch know if anyone else calls about it to let them know you work for the homeowner." And that was that.

    Be polite and respectful. Don't lie or be untruthful. You might not like the police, but they are still humans, treat them like humans. Purposefully making their job harder will never, ever end well for you.

    Every citizen can choose for themselves if they wish to remain silent, and if you choose to do so you must say specifically that you exercise your right to remain silent. If you have to speak to the police for whatever reason after you said you exercise your right to remain silent, you are legally obligated to say you will continue to exercise your right to remain silent if you choose to continue to do so.

    • Oof you just got your identity stolen. Nice.

    • I have had exactly this type of experience, of being calm and straight with the cops, and they clearly really appreciate it in exactly the way you described because so much of their day consists of people who are acting like maniacs or lying through their teeth.

      The one part I would take some exception to is "don't be untruthful." If you're guilty, then, I mean, definitely don't lie to make yourself innocent, but there's a big myth that cops like to promulgate that when you're guilty then you just need to be honest and they'll be able to help you out. This is wrong, wrong, wronger than wrong. Just ask for a lawyer.

      But yes, being cordial with them while still protecting your rights will mean they'll generally do what they can to help you out in turn, and make your interaction a lot more better, absolutely.

      • If you are guilty of a crime, then certainly being truthful and cooperative with police can lead the Judge to be more lenient with sentencing than if you had been a problem. It also can directly lead to you being treated less roughly (or "normally") by police, and less additional charges ontop of your existing charge. Obviously it depends on the severity of the crime, but it is not entirely a myth. Judges usually have within their discretion a range of time for sentencing, and I have seen multiple times where a Judge takes the Defendant's cooperation and truthfulness into account, giving the lowest possible sentencing.

        My personal opinion is to just be truthful and own your actions. Be accountable. If you broke the law you broke the law, you know? Yes, a lawyer can help lower your sentence, and its really never advisable to not speak to a lawyer, but its just my opinion of "If you cannot do the time, then do not do the crime." Yes, sometimes following the law can be a hassle, and yes there are laws I think are stupid and I do not agree with. But they are still the laws of the land and if I want to live here, then I am obligated to follow the law to the best of my ability.

        THIS IS NOT LEGAL ADVISE BY THE WAY

        Be polite, be respectful. Kinda like bees. If you don't mess with them, usually the bees aren't going to mess with you. If you don't give police a reason to interact with you, unless you were a witness to a crime or something they will usually leave you alone, where I live at least. I am over 30 and that is the only interaction with police I have ever had where I would consider myself as a suspect. Also, I feel obligated to mention that I am a Mexican American, and a legal citizen.

  • Another helpful phrase: "Am I being charged with a crime or am I free to go?"

  • Terrible advice. Please, check this guide from Projet Évasions (PDF warning) instead.

    Cops are not always the enemy or the maniacal whole-job-is-making-evil thugs that Lemmy sometimes makes them out to be.

    Yes, they literally are. All cops are bastards, always, everywhere, forever, no exceptions, no matter what they are currently doing or have done prior, and capitalism is always evil, so their whole job is in fact making evil, and anytime they do something beneficial is an accident. If a person puts on that uniform, they're a worthless piece of shit. End of story. Individual cops can stop being pieces of shit by burning the uniform and trying to fix the lives they have broken.

    It really is bad for people to get mugged or their cars broken into, and they're the solution our society has come up with to minimize the amount of it that happens. It's not always a bad thing.

    Emphases mine. I'll take them one by one:

    • Cops were and are imposed on us by the capitalist class. Any consent ever expressed for these monsters has been beaten into us by generations of police violence and then solidified by propaganda.
    • That is not their purpose. Their purpose is to maintain order for capitalism. Historically, modern police forces descended from slave-catching patrols. In interrogations specifically, their purpose is to gather information to build up a case file. The presence of police does not deter crime, and the deterrence of crime is only a pretext for the police to do what they're actually paid to do.
    • Interacting with cops is always an immediate personal danger, especially after you have been hurt or are vulnerable, because they are unhinged monsters who will send you to the morgue if you make them too uncomfortable. You might decide to make that choice to interact with them to prevent some greater evil, for example being courteous during a traffic stop to prevent the cops from detaining you for being suspicious. But at the end of the day, we must recognize that any interaction with the cops is always treacherous.

    If you find yourself talking to the cops, there are more or less three ways:

    They're there to solve a real problem.

    No they aren't, they're there to enforce the will of the capitalist class. Practically , they're there because they either think they witnessed a violation of the law, or because someone called them. Rarely do they even attempt to solve problem, and in the rarer circumstance that individual cops do solve a problem, it is because they betrayed their actual function as cops.

    Someone's car got broken into, someone got beat up. Just talk with them. Tell them what you know, help them figure out the situation.

    No you fucking don't, because that cop will likely use your evidence to go after someone who didn't do it. They don't stop crime, they don't solve crimes, they only provide information to the judges and terrorize the streets while doing it. Don't help the cops with property crimes.

    In almost all of the US, their effect on the problem will be positive

    Use your judgement as to whether that's warranted of course, and your impression of the justice level in your local area, since it varies quite a lot in the US.

    Don't use your judgement, use the judgement of the victims! If they don't want the cops involved, then they don't get involved and that should be the end of the discussion.

    The same applies with any type of federal law enforcement, I suspect, for the next few years.

    It has applied for the entire existence of the modern police, and it will continue to apply as long as police exist. The guide I linked was written in 2022. Yes, we need to hammer this point over and over and over until people understand that no administration, even the so-called lesser-evil party, will ever be on their side except perhaps by accident.

    I was going to post this as a comment, but it was in an anarchism community, and I figured some sections of it might be unacceptable there.

    Rightly so, because it's terrible advice and it's clear to me that you haven't sought out any wisdom from the community. What you should have done was asked for critique. We would have loved to talk about this in more detail on any anarchist forum.

    In my view, it is so much more important to listen to people as an anarchist (or any kind of revolutionary) than it is to spout off my views, hence why I don't really post that often. Even this comment I expect and hope to get torn to shreds in the hope of improving the quality of my understanding of the world. So next time, please actually solicit the advice of your comrades before making statements, and in general do some research before making posts like these. Hence why I have started this comment with a link to a guide solicited from a group of anarchists.

    • No they aren’t, they’re there to enforce the will of the capitalist class. Practically , they’re there because they either think they witnessed a violation of the law, or because someone called them. Rarely do they even attempt to solve problem, and in the rarer circumstance that individual cops do solve a problem, it is because they betrayed their actual function as cops.

      I had an interaction with the cops this week. They solved our problem when someone else had completely failed, even though it was that other person's job. I'm actually just about to call the precinct and talk to them again about it, because we still have some questions.

      You are mistaking your ideology for reality. You don't need to learn anything, or test any assumptions, because your ideology already gave you the answer and your emotional conviction lets you know that it's right. That's a dangerous mistake.

      Rightly so, because it’s terrible advice and it’s clear to me that you haven’t sought out any wisdom from the community. What you should have done was asked for critique. We would have loved to talk about this in more detail on any anarchist forum.

      No, you would have loved to give me "the answer," using the model that everything I think is stupid and everything you think is right and can't be questioned. I'll pass.

      • No, you would have loved to give me "the answer," using the model that everything I think is stupid and everything you think is right and can't be questioned. I'll pass.

        *sigh No I wouldn't have, no I don't think that everything you think is stupid, and I most certainly do not think that everything I think is right and can't be questioned. In fact, I rewrote my reply several times because I wanted to critique my own beliefs before I posted it. And I indicated in my reply that I desperately want my response to be torn apart to improve my understanding of the world. The guide I posted is not the answer, but I do believe it is a good one.

        And I'm sorry if anarchists have treated you like that. I desperately want you to contribute to the discussion, because you probably have some experience to offer that can add some subtlety to the discussion. But a discussion goes both ways. Even on Lemmy.world, there are about a dozen people telling you that their experience contradicts your advice. It at least calls for some thought.

        You are mistaking your ideology for reality. You don't need to learn anything, or test any assumptions, because your ideology already gave you the answer and your emotional conviction lets you know that it's right. That's a dangerous mistake.

        Isn't this the exact kind of thing you just accused anarchists of doing to you? You're dismissing my experience, and frankly the experience of almost every single other commenter here, as mere "ideology". This so-called anti-police "ideology" (really "sentiment") is the distilled experience of thousands of anarchists and millions of working people of all stripes. Please at least listen to it. I can't and don't want to force you to internalize it, but please at least listen. Listening is what separates a shitty anarchist from a good one.

        I had an interaction with the cops this week. They solved our problem when someone else had completely failed, even though it was that other person's job. I'm actually just about to call the precinct and talk to them again about it, because we still have some questions.

        That genuinely sucks, and I hope it works out for you. The point I'm trying to make is that, as far as the function of the police are concerned, your positive experience is an accident. It is not designed to help you.

132 comments