The Law and Your Community
by
National Organization of Black Law
Enforcement Executives (NOBLE)
and
Torinity
DISCLAIMER
THE EXPLANATIONS PROVIDED THROUGHOUT THIS
PRESENTATION ARE NOT INTENDED TO BE PRECISE
RECITATIONS OF THE LAW, BUT INSTEAD ARE LOOSE,
WORST-CASE SCENARIO EXPLANATIONS OF THE LAW. WE
ARE NOT PROVIDING LEGAL COUNSEL IN THIS
PRESENTATION AND ARE NOT ATTEMPTING TO PROVIDE
LEGAL ADVICE. WE RECOMMEND YOU CONTACT A
PERSONAL CRIMINAL ATTORNEY WITH RESPECT TO ANY
AND ALL THE SUBJECT MATTER OF THIS PRESENTION IF YOU
FIND YOURSELF IN LEGAL TROUBLE.
WHY ARE WE HERE?
To Discuss:
● Law Enforcement & Community Policing
● Your Legal Rights
● Law Enforcement Rules of Engagement
DIRE SITUATION
• A black male born in 1991 has a 29% chance of spending
time in prison at some point in his life.
• Nearly one in three African American males ages 20–29
are under some form of criminal justice supervision
whether imprisoned, jailed, on parole or probation.
• One out of nine African American men will be
incarcerated between the ages of 20 and 34.
• Black males ages 30 to 34 have the highest incarceration
rate of any race/ethnicity.
COMMUNITY ORIENTED
POLICING AND WORKING
WITH THE COMMUNITY
POLICE PERCEPTION VERSUS REALITY
● Law enforcement is both a difficult and dangerous profession.
Consequently, the officers may maintain a defensive posture until
they believe that the risk of confrontation or injury is diminished.
● As a result, there is sometimes a breakdown in communication
between law enforcement officials and the public, especially young
adults.
● The public perception of law enforcement is vitally important. Police
safety and the ability of law enforcement to keep us safe rely heavily
on the cooperation of the local community with law enforcement,
and vice versa.
One Solution:
Community Oriented Policing
● Community policing allows officers to demonstrate their support
for the community. Residents and officers are allies.
● Community policing demands that officers interact with people
who live or work in neighborhoods that they patrol. Officers are
trained to communicate with people, solve community problems
and develop an appreciation of cultural and ethnic differences.
● Community policing emphasizes the importance and value of
human life. Deadly force is reserved strictly for when an officer’s
life or the life of a citizen is at risk.
WHAT TO DO WHEN
INTERACTING WITH THE
POLICE
RECOMMENDED PRACTICES
Do you know the difference between negative
attention and positive attention?
What are some things that you can do that draw
positive attention from people in the community?
Can you think of some things that a person might do
that could bring negative attention to him or her?
RECOMMENDED PRACTICES
DO NOT BRING
ATTENTION TO
YOURSELF!
RECOMMENDED PRACTICES
The more “invisible” you are to the police, the
better.
RECOMMENDED PRACTICES
If you are stopped, questioned or detained by a law enforcement
official:
● Approach him or her with respect.
● Retain your composure and conduct yourself in a mature manner.
Avoid any action or language that might trigger a more volatile
situation, possibly endangering your life or personal well-being.
● Remember, your priority should be to alleviate or minimize the
potential charges and/or use of excessive force against you.
RECOMMENDED PRACTICES
TIPS – IF YOU ARE STOPPED IN THE STREET
● Remember, you are not required to give testimony against
yourself. You have Fifth Amendment rights.
● Do not “bad mouth” or walk away from law enforcement officials,
even in instances where you feel they are wrong. If the police
officer behaves inappropriately, report his or her misconduct to a
superior officer at a later time.
● Obey all requests made of you unless the request poses a risk to
your personal safety or well-being. In that case, ask for a meeting
with the officer’s supervisor.
RECOMMENDED PRACTICES
RECOMMENDED PRACTICES
TIPS – IF YOU ARE STOPPED IN YOUR CAR
● Slow down; pull over safely when you can. If the police vehicle is
unmarked and you cannot identify the driver as a uniformed
police officer, drive below the speed limit to a well-lit, populated
spot and then pull over.
● Stay in the driver’s seat with both hands in sight on the steering
wheel. Do not exit your car unless asked to do so. Turn on your
interior light if stopped at night.
● If your driver’s license and/or registration are in the glove box or
under the seat, state that and then retrieve them slowly.
RECOMMENDED PRACTICES
TIPS – IF YOU ARE STOPPED IN YOUR CAR
● Get out of the automobile if asked to do so.
● If you believe you have been treated unfairly, present your case in
traffic court and not to the officer along the roadside.
RECOMMENDED PRACTICES
RECOMMENDED PRACTICES
TIPS – IF LAW ENFORCEMENT COMES TO YOUR DOOR
● First, make sure each individual is really a law enforcement
representative by requesting to see a badge and/or identification
card. Be pleasant but serious.
● Determine the type of warrant — body or search. A body warrant
means that the officers are seeking an individual and, therefore,
cannot search drawers and places not large enough for an
individual to hide. A search warrant allows officers to search all
places in which the items listed on the warrant can be hidden.
RECOMMENDED PRACTICES
RECOMMENDED PRACTICES
POLICE ENCOUNTERS
● Certain rights kick in when you are under arrest.
● It is important to know when you are under arrest
because of those rights that kick in.
● The best way to find out if you’re under arrest when
the police start questioning you is to ASK!
POLICE ENCOUNTERS
TIPS – IF YOU ARE ARRESTED
● NOTE: A lawyer should be called as soon as possible.
● Ask to telephone your parent, guardian, or lawyer immediately.
You have the right to make one phone call to the person of your
choice; use it.
● You should always have the number of a lawyer or a person you
can rely on to get you an attorney if your lawyer is unavailable.
Keep a record of that number.
● Remember: anything you say can and will be used against you.
POLICE ENCOUNTERS
● Always be careful about answering questions. Be
direct, honest and truthful when answering questions.
If you don’t know, say you don’t know.
POLICE ENCOUNTERS
● When you are under arrest, you have the right to
remain silent.
● When you are under arrest, you have the right to have
an attorney present when the police start to question
you.
HANDLING OFFICER MISCONDUCT
TIPS – OFFICER MISCONDUCT AND YOUR RESPONSE
● The police officer usually does not want to detain you any longer than
necessary. A few minutes of cooperation will speed up the process and
get you on your way.
● Control your emotions.
● Do not make threatening motions or statements to the officers talking to
you.
● Always note the name of the officers with whom you come in contact.
● Report cases of officer misconduct immediately following your release
from police custody.
● Record, document and describe any case of officer misconduct in a
typewritten statement. Have your summary of the incident notarized
within 72 hours of its occurrence.
FILING A COMPLAINT ON OFFICER
MISCONDUCT
● Obtain basic information on police officer without being too
obvious. (Name, badge number, vehicle number).
● Obtain basic information about incident (what, when and where).
● Contact agency where officer is employed. The agency should
have an office of professional standards/conduct or internal
affairs office where citizen complaints are handled.
● Citizen complaints are deemed official when a written statement
is made and submitted. The statement should be true and as
accurate as possible. Consider making a draft statement initially
for personal review. Investigators may have additional questions
to ask. Keep a copy of the statement.
FILING A COMPLAINT ON OFFICER
MISCONDUCT
● Obtain a reasonable time from investigator for status follow-up
and do so.
● Consider contacting city or county executive offices or local
elected official's office if there is unsatisfactory follow-up from
law enforcement agency.
● Keep accurate accounts of follow up and status details (dates,
times, persons talked to, status overview.
● Consider the advice or consulting an attorney in extraordinary
circumstances or if you feel that legal advice may be appropriate.
FILING A COMPLAINT ON OFFICER
MISCONDUCT
● If an incident of wrongdoing is not reported; then the opinion can
be drawn that nothing happened.
● The filing of an official complaint becomes 'a matter of public
record.
● Complaints when reviewed by agencies; assist with determining
possible corrective action, discipline, training needs and public
perception of law enforcement agency.
FILING A COMPLAINT ON OFFICER
MISCONDUCT
● Official complaints can be subsequently used in future civil or
criminal litigation in substantiated instances of wrongdoing.
● Citizen complaints can play a vital role in subsequent policy
changes or modifications. These actions can be tied to mitigating
or assisting in lawsuits that ultimately cost taxpayers.
● Complaints can be a gateway to learning more about law
enforcement procedures, due process and subsequent citizen
engagement.
WRAP UP
● Be careful of your associations and interactions with
friends.
● DO NOT draw negative attention to yourself.
● Be cautious, polite, and remember your rights when
encountering the police.