TIPS FOR DEALING WITH POLICE
Before leaving your home:
-Make sure your vehicle is clean and free of illicit substances. Police may misinterpret plant matter and dirt as "marijuana shake" and field testing kits have very high false positive rates.
-Make sure your insurance and registration information is up to date and in the vehicle.
If stopped by police at any time:
Immediately begin video recording, not to provoke the officers, but to protect yourself. Say the following "I am recording for everyone’s protection. I intend to comply with your directives. I do not consent to any searches. At this time I am exercising my right to remain silent." Then STOP TALKING. “Anything you say CAN and WILL be used against you.” If they ask for identification, provide your name and date of birth. You may provide an ID card if you wish. Follow officer instructions and remain silent. Repeat "I am exercising my right to remain silent." and your name and DOB as you feel necessary. If you wish to leave the encounter, ask if you are detained. Remind the officer of KPD Code of Conduct 4.01 in the section below. Note: TN law does not require you to identify to police unless you are being issued a citation or warrant. However, officers may become aggressive when ID is refused. Use your best judgment.
If stopped by police in a vehicle:
Crack your window just enough to speak and hand out your papers. Generally a driver will be required to provide ID. Officers may order drivers and/or passengers out of the vehicle for officer safety. If ordered out, close and lock your door behind you and remain compliant. You may say “I do not consent to any searches of my person or vehicle” but otherwise silence is best. Note: Passengers are not required to give identification at a traffic stop or road block. Passengers should identify or refuse at their own discretion, but make sure a camera is recording.
If Police are at the door to your home:
- DO NOT OPEN YOUR DOOR. Begin video recording immediately. If you need to speak, crack a window or shout through the closed door. As soon as you step outside your door, you lose numerous legal protections against arrest and expose yourself to physical force by officers. KPD officers have used a partially open door to justify forced entry.
- Ask if they have a search warrant. If they do not, you are not obligated to respond to the officers at all.
IMPORTANT KPD POLICIES:
4.00 Identification Before Taking Police Action
Except when impractical or unfeasible or where the identity is obvious, members shall identify themselves by displaying their badge or identification before taking police action.
4.01 Field Interviews
Persons encountered under suspicious circumstances should be stopped and questioned, but NOT DETAINED against their will, unless the member feels there is probable cause for arrest.
4.05 Advising Persons of the Reason for Arrest
At the time of an arrest, the person arrested has a right to know the reason for such arrest and the member’s authority therefore. The member shall honor these rights.
3.00B Conduct Toward the Public
…Employees shall refrain from harsh, violent, coarse, profane, sarcastic, or insolent language. When requested to do so they shall give their name and badge number, or identification number, in a respectful, courteous manner.
Link to KPD Code of Conduct https://www.knoxvilletn.gov/UserFiles/Servers/Server_109478/File/Police/OpenRecords/Code%20of%20Conduct%20SOP.pdf
Relevant Case Law
Terry v Ohio - …a police officer may stop a suspect on the street … if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime… No crime suspected. No id required.
Glick v Cunniffe and Smith v Cummings - Right to record police
Turner v Driver - Right to record public officials
Cohen v California - Right to swear in political speech
Rodriguez vs US - Officer may not prolong stop beyond original traffic citation without Probably Cause (PC) or Reasonable Articulable Suspicion (RAS). Especially not to lecture.
Castle Rock v Gonzalez and Warren v DC - Police have NO DUTY to protect individual citizens.
Relevant Statues
TN Code § 7-3-505 - "Fail to ID" requires a citation or arrest first
TN Code § 39-16-602 - An obstruction charge requires physical force to be used by the suspect.
Check out this great video about why you should always remain silent instead of talking to police, especially if you’ve done nothing wrong: Don't Talk to Police from the Regent School of Law
DISCLAIMER: Nothing in this document should be construed as legal advice. Following these guidelines does not guarantee that you will not be subject to arrest or prosecution. They are intended as best practices for a good defense in court.
Good questions to ask officers during an encounter:
May I have your name and badge number?
Am I being detained or am I free to go? (Ask this one frequently)
Do you suspect me of a crime?
What crime do you suspect me of?
Can you provide your Reasonable Articulable Suspicion that I have committed a crime?