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What basic things can American citizens do to protect themselves fromabuses of police power in the U.S.?

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published December 13, 2013

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We asked an attorney what American citizens can do to protect themselves from abuses of police power in the U.S.Most police officers serve and protect their communities while risking their lives each day. However, what do you do when the black and blue turn against you and abuse their legal authority?



A shift in power occurs when the police encounter an individual. Oftentimes, the individual feels compelled to please the office by complying with his or her demands. Clients usually explain they did not want to be"uncooperative." Police officers use this power advantage to obtain permission to do things they would otherwise be prohibited from doing. Here are a few tips to help protect your rights and stop this common tactic used by police.

  1. If the police knock, don't answer.

    At least in Michigan, police use a procedure called a "knock and talk."This means they come to your house without a warrant and ask to talk to you. This is used as a springboard to obtain consent to search your home.This is a perfectly legal request, but one that you can avoid by simply not answering the door.

  2. If the police ask to search, don't say yes.

    If you do answer the door, do not consent to a search. The same advice applies during a traffic stop. By consenting to a search, you are waiving a number of procedural steps officers must complete. And in turn, waiving valuable defenses. For example, if you consent to a search, your attorney would not be able to attack the search warrant affidavit, the execution of the search warrant, or the claimed probable cause to support the search warrant.

  3. If the police ask you questions, don't answer and request an attorney.

    You are not talking your way out of this one. When the police ask you questions, you should clearly state that you will not answer any questions without an attorney and make a clear demand to have your attorney present.You don't need to have an attorney on call when making this demand. Your right to silence is likely the strongest defense you possess; do not waive it because the police are attempting to pressure you into talking.

As you can see, the most important factor to prevent police abuse of power is to use your own power. You have important rights to refuse any search and to remain silent. You are not being "uncooperative" by asserting your rights. You are being smart.

Eric Misterovich is a criminal defense attorney with Newburg Law, PLLC, a law firm with locations in St. Joseph, Lansing, and Traverse City,Michigan.

-Eric Misterovich, Newburg Law, PLLC
  1. Legal Jobs
  2. Legal Articles
  3. Attorney
  4. Attorney Career Advice
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  6. What basic things can American citizens do to protect themselves fromabuses of police power in the U.S.?

published December 13, 2013

By Follow Me on
( 4 votes, average: 3.9 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.

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