When Is It Okay to Resist a Command by a Police Officer?

01 May 2017

As a general rule when you want to make a police stop go as smoothly as possible, you should not resist a command and do exactly as an officer says. Do it slowly, calmly, and without making any sudden movements. But what if you don’t agree with a police officer command and want to quote the constitution or demand your miranda rights? You have a choice to make. Each of us can choose to cooperate and try to make the police officer happy. And hope the stop ends quickly. Or we can choose to strictly communicate our constitutional rights and possibly have an unpleasant time in the moment, and potentially come out the winner in court.

Keep in mind, an officer may not make a demand to search without probable cause. Sometimes an officer may make you believe they have the right to search and will word their statement in a way that makes you believe you have no choice. This is designed to confuse you into agreeing to a search. Refuse the search. It is your 4th amendment right to refuse an unreasonable search and seizure, no matter what you may be told by an officer at the scene.

During a stop and detainment, you can verbally “plead the Fifth” and communicate that you do not consent to answering questions that may lead to a search. But there’s a better way. Just say “I want my attorney.”

What happens when you resist a command and ask for an attorney instead of answering police questions?

The first thing you’ve accomplished is that you have not technically pleaded the Fifth. The importance of this is that it cannot be reported to a judge or jury that you pleaded the Fifth, only that you requested your attorney. In a court proceeding, if you pleaded the Fifth, a judge or jury may have an inherent bias that makes them believe pleading the Fifth means you knew you were guilty. While that’s a completely incorrect assumption, judges and juries can have natural biases against defendants who refuse to talk to police.

By requesting an attorney, you’ve eliminated the bias of pleading the Fifth.

Just remember, your interaction with law enforcement will end much more positively if you do not resist a command and control your emotions for the best outcome. But if you’re not comfortable giving up your constitutional rights and want to resist a command, you have a strong foundation for peacefully resisting through communicating your desire to talk to your attorney. If an officer commands you to do something you don’t agree with, save your disagreement for the courtroom.

Just like I discussed in my post about police body cameras, there a few things to always remember during a traffic stop when a police officer commands you to do something you know you are not legally required to do. Keep calm, only move your hands after asking permission, and don’t feel forced to answer questions. If you choose to resist a command, be aware that there could be immediate and possibly violent consequences, even if you are innocent of any crime.

When in doubt, remember these four words: “I want my attorney.”

If you would like to find out more about having Getz & Braverman, P.C. represent you or provide legal advice, email, live chat, or call us at 718-618-5567. We also accept text messages at 917-734-7583.

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When Is It Okay to Resist a Command by a Police Officer?

What happens when you resist a command and ask for an attorney instead of answering police questions?

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