Helping you is the goal here and if you’re looking for resources we want to ensure you get them in the right order. Here’s what to do if you ever have an encounter with the police…
1. You have the right, and are advised, to say silent. If you’re detained you must provide your correct, legal, name and if stopped while operating a motor vehicle you must immediately produce a valid drivers license. You are not required to provide social security number or home address and if your driver’s license has a P.O. Box on it that’s all you need. Say nothing to the police and if arrested, even if it’s bogus, speak through an attorney. This information is also supported by the Santa Clara County Public Defender’s Office. If you don’t have money for a attorney one can be appointed to you. Great information…
2. Clearly State that you Do Not Consent to a Search. Do not let anyone, especially police, negotiate with you. The most famous psychological tactic that is used is, “if you have nothing to hide, what’s the big deal? You must be hiding something.” This applies to your clothes, backpack, car, or anything on your person even if you’re in public. Here’s a great video of how to handle it…
3. If you qualify for public defense representation their contact information can be found here: Santa Clara County Public Defender Office. If you don’t qualify for public defender assistance you can locate qualified attorney in Santa Clara County here: AVVO attorney search
4. Filing a Complaint. Dealing with the police can be a very emotional experience but if you wish to ultimately prevail you must remember to remain silent and make your dissatisfaction known after the incident is over. If you tell cops that what you saw or experienced is wrong and possibly misconduct it is likely they will circle their wagons and collude to discredit you. California Penal Code Section 832.5(a)(1) directs that every entity employing peace officers establish a procedure for investigating complaints and must make that procedure available to the public. You can file a complaint at any time and it’s best that you gather as many facts, witness written statements, and the police reports before doing so. Hear it from one of the elite officers in America…
5. Connect With Others. You or your loved one is not the first to go through this and, unfortunately, not the last. Most victims of police misconduct have a sense of duty to help others as a way to heal themselves. Become active, collaborate and don’t back down. You can find great examples at the following sites of victims, citizens, and even law enforcement standing up to deter abuse.
6. Remain Educated and Share Knowledge. A good place to start with education is the First Amendment Project which will help identify what your rights are in speaking out and filing grievances. Then I suggest the Free Existence Organization which has put together a pretty good list of things to consider when filing an official complaint against officers. And remember that every step along the way cops will attempt to ignore, misdirect and intimidate you from filing a complaint especially if misdeeds can lead to a potential law suit. If you think this is your case then I highly recommend attorney Ben Rosenfeld’s Evaluating Your Potential Police Misconduct Case publication.