How to Handle Being Approached by Police About a Crime in New York City

How to Handle Being Approached by Police About a Crime in New York City

Getting approached by the police can be an intimidating and stressful experience, especially if they suspect you of committing a crime. While it’s important to cooperate, you also have constitutional rights that protect you. This article will go over some tips on how to handle the situation if police approach you as a suspect in New York City.

Stay Calm

First things first – take a deep breath and try to stay calm. Easier said than done, I know! But getting angry or aggressive will only escalate the situation. Be respectful and compliant, while still exercising your rights.

Ask if You’re Free to Leave

Police need reasonable suspicion to detain you. If they don’t, politely ask “Officer, am I free to leave?” If yes, calmly walk away. If no, you’re being detained and should not leave.

Don’t Resist Even if Detained Unlawfully

Even if you think the detention is unlawful, don’t physically resist. Just verbally state you do not consent. Resisting arrest can lead to criminal charges.

Provide Basic Info If Asked

In New York, you only have to provide your name, address, and an explanation of your conduct if asked by police [CPL §140.50]. You do not have to provide ID or answer other questions.

Invoke Your Right to Remain Silent

If detained or arrested, clearly state “I invoke my right to remain silent and my right to an attorney.” Then stop answering questions. Anything you say can be used against you, even if you’re innocent.

Ask for a Lawyer

Repeatedly request to speak with a lawyer, both at the scene and at the police station. Police must provide access to a lawyer if requested. Don’t say anything more until you consult one.

Don’t Consent to Searches

Police may ask to search you or your belongings. You have the right to refuse in most cases. Say clearly “I do not consent to any searches.” However, if they have a warrant, they can search anyway.

Don’t Resist Arrest

If placed under arrest, do not physically resist, even if you believe the arrest is unlawful. Just keep verbally invoking your rights. Resisting arrest could lead to criminal charges.

Write Down Officer Details

Try to discreetly write down officers’ names, badge numbers, and patrol car numbers. This can help if you decide to file a complaint later.

Get Medical Care if Needed

If you’re injured during an arrest or while in custody, request medical attention immediately. Police must provide medical care.

File a Complaint If Rights Violated

If police violate your rights, file a written complaint with the Civilian Complaint Review Board and discuss options with a civil rights lawyer.

Don’t Make False Confessions

Don’t let intimidation or promises of leniency trick you into making a false confession. That can be used against you even if you later recant it. Stick to the truth.

Consider Recording the Interaction

New York is a “one-party consent” state, meaning you can secretly record police interactions that you’re involved in. This can provide evidence if your rights are violated.

Stay Calm at the Police Station

If taken to the police station, continue to invoke your right to silence and don’t answer questions without a lawyer. Police often use interrogation techniques to elicit confessions.

Make Smart Decisions If Charged

If charged with a crime, weigh your options carefully. Consider hiring a criminal defense lawyer to protect your rights. Don’t take pleas or make statements impacting your case without professional advice.

Dealing with law enforcement can be scary, but knowing your rights goes a long way. Be respectful, but don’t forfeit your constitutional protections. Seek legal counsel if needed. With the right approach, you can safely navigate being approached by police.

Sources:

• New York Criminal Procedure Law Section 140.50
• NYC Civilian Complaint Review Board