Police 411

College is an exciting time in anyone’s life. New friends, opportunities and experiences abound and usually governing parents aren’t around. This is also a time where many young people find themselves face-to-face with challenging situations — including police encounters — where sound judgment and good decision-making is paramount. It is important to stress that police are entrusted by society to protect and serve. Yet, many young people see police as an adversarial or threatening entity. No matter your opinion, we are all destined, at some point, to be stopped by or detained by police, whether at a traffic stop, party or as witness to a suspicious situation. As for your response to such a situation – it is vital that you understand both your legal rights as well as how your behavior can dictate outcomes.
When stopped by police the first thing that should be going through your mind is what you learned in kindergarten: treat others the way you’d like to be treated. Act as such and you’re already on an officer’s good side. Much of the way a police encounter progresses is set by the initial tone of the person being stopped. If an officer is shown respect, they are more likely to return that notion and move the situation toward a more positive end result.
Know that you do have a right to ask why you are being stopped and, at a particular juncture, whether you are being placed under arrest or not. Also, more importantly, everything you do and say — at any time — can be used against you in a court of law. In the past, I’ve had clients maintain they were not read their Miranda rights; therefore, police did not follow proper procedure and the case must be thrown out. This is false. The constitution of Michigan or the United States does not require an officer to read your rights unless you are being taken into custody. So tread carefully, and assist the officer’s investigation without incriminating yourself. It’s in your best interest.
Finally, understand that for a routine traffic stop, unless told otherwise, you are not under arrest and are free to leave at any point. Asking the simple question, “Am I free to leave?” can let an officer know you have complied with all requests, and you are ready to go about your day. However, if an officer decides to arrest you, the side of the street is not the place to threaten litigation or be in contempt. Any resistance to arrest can be compounded on the initial charge. Wrongful arrest charges must be fought in court at a later time. Your best bet is to go along with the officer.
The bottom line is that on the street, a police officer calls the shots.How officers read your behavior can affect future outcomes, positively or negatively, including in court. So now that you’re on your own, enjoy the freedom, but remember, acting responsibly will ensure you maintain that independence.
Michael Komorn is a criminal defense attorney in Southfield.

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