How To Survive Arrest

Forgive me for putting this in the Survival Forum, but there was no other place that it really fit, and to be honest, this is a form of Urban Survival.

Daily we are inundated with news of arrests gone bad to the point where we have become numb to them. It doesn't take much to escalate a simple arrest into yet another story for the headline news. Because of that, I thought it might be useful to give a practical manual for how to survive an arrest.

1.) From the very moment you are approached by officers of the law, mind your attitude. They are just looking for a reason, any reason, to pull out their Pepper Spray, Taser, or Sidearm. Do not give them one!!! Every officer goes into a situation expecting the worst. Therefore, do the unexpected and greet them with a warm welcome and civility as you would a neighbor or relative. Be more polite than you are on a first-date. You'll take them off guard and instantly defuse the potential for the situation turning bad.

2.) Cooperate with the officer. Actually, go a step further and help them out by volunteering what you know they want. If they've been dispatched to your location, there is nothing you can do to change that. However, your cooperation can go a long way towards making the officer who is just doing his job treat you like another fellow citizen like him rather than mistreat you like a scumbag who needs to be taken off the streets. If they ask if you have any weapons on you, don't just answer them, but show them...and go a step further by volunteering to allow them to search you if they would like. Even if you have a dimebag in your pocket that you don't really want them to find, don't hesitate to empty your pockets. If you've been friendly and cooperative, most officers aren't going to hold something trivial like a dimebag against you. Besides, even if they do, facing another Criminal Misdemeanor charge added on to your original charge is much better than things turning hostile and potentially getting out of hand.

3.) Empathize with the officer. Again, they are just doing their job. They are human just like the rest of us and probably hate their daily routine at work just like each and every one us does. While he is waiting for a response from dispatch or is filling out a form, say something like "Been one of those days, huh?" This is one of those humanizing things that unconsciously forces the officer to empathize in return. He then realizes your day sucks as bad as his, and is more likely to try to make the experience less painful than it usually would be for you just as you are doing for him.

4.) Don't argue with the officer. Yes, the officer might be wrong...and more often than naught they are wrong. Law Enforcement Officers are not very versed in the law they are sworn to uphold, contrary to popular belief. If he is in the wrong, don't point it out. Leave that up to the District Attorney to figure out (or to a Judge to figure out after your Lawyer points it out). I've been arrested a half-dozen times, but my charges were dismissed almost every single time by the District Attorney because no actual crime had been committed. It's no biggie being arrested and detained until you can post bail or are arraigned. It's much better than getting a Resisting Arrest Charge tacked on to your record, along with putting you back into a bad rapport with the officer. When the officer explains what you are being arrested for, just smile...nod your head...and tell him that you understand...and go along with it peacefully without protest. You can argue it when you get to Step 10.

5.) Thank the officer. What? Thank the officer who is arresting you? Most definitely yes! When the officer puts the handcuffs on you, genuinely thank him for not putting them on too tight. When the officer opens the back door to his cruiser, thank him as if he was taking you on a date. When he opens the door to the Booking Office, thank him. When he is done and hands you over to the Booking Officer, thank him and wish him a good day. Why? Because he will tell the Booking Officer "This guy is a good guy. No trouble at all...very polite" and the Booking Officer will treat you just as well as the Arresting Officer did. Also, both of them will remember you, which becomes important later down the road (see Step 9).

6.) Contact a Lawyer. Even if you have enough in your pocket to post Bail immediately, don't hesitate to use your free phone call to contact your lawyer or to contact a family member who will call your lawyer for you. The sooner you get your lawyer involved, the better. If you are unfortunate enough not to have Bail and it is a Friday evening, a lawyer can contact the District Attorney and a Judge and have you released prior to a formal arraignment on Monday morning.

7.) Write down everything as soon after as possible. Recount every little action, every phrase said by either you or the officer and commit it to writing. This becomes a preliminary deposition that will be invaluable as you go through the legal process. The sooner you have done this, the better it looks to a Judge. Be sure to have it dated and notarized.

8.) Issue a Press Release. If your case is headed for Court, then it doesn't hurt to start prepping the Jury. Send a Press Release stating your side of events to all media outlets. Don't overlook the power of Twitter and your Blog (or ATS). Press Releases show both potential Jurors as well as the Judge that you had nothing to hide.

9.) Subpoena the officer. The District Attorney is counting on using the Arresting Officer as their primary witness. If you did everything right listed above, then the Arresting Officer is probably more friendly towards you than towards the District Attorney. You can use that to your advantage. Every case I've been involved in that actually went to Court was dismissed or I was found Not Guilty because I got the Arresting Officer to testify on my behalf.

10.) Go to Court. Don't forget the little things like getting friendly with the Court Clerk, or being polite to the Baliffs, or keeping eye contact and a smile with the Judge and District Attorney. Most of all, keep your mouth shut and do not speak unless spoken too. Never, ever, ever speak out of turn and mind your manners. Keep your hands in front of you, clasped together, and keep your best poker face on with as sincere of a smile as you can, even when things are said that may be wrong or downright lies. Judges smell BS a mile away...just let them do their job

reply to post by fraterormus


This is helpful, in a humourous way:

(caution: language)



On a serious note, this has some darned good advice, and though it's 45 minutes long, it is worth a watch:



[edit on 28 July 2009 by weedwhacker]

Originally posted by fraterormus

2.) .... If they ask if you have any weapons on you, don't just answer them, but show them...... don't hesitate to empty your pockets...

Great post Frat.

The one Caveat I would recommend in regards to number two is that you of course keep your hands OUT of your pockets..and in plain sight always. Seems to me like that would be something that could certainly freak someone out...

I suppose if you have been awesome to them up to that point, it may not be that big of a deal, but I think reaching in your pockets, even lifting up your shirt when they ask about weapons could be a very dangerous idea.

Originally posted by KSPigpen
The one Caveat I would recommend in regards to number two is that you of course keep your hands OUT of your pockets..and in plain sight always. Seems to me like that would be something that could certainly freak someone out...

I suppose if you have been awesome to them up to that point, it may not be that big of a deal, but I think reaching in your pockets, even lifting up your shirt when they ask about weapons could be a very dangerous idea.

Good point. Always keep your hands in the clear and never reach for anything unless they say it's okay to do so.

But yes, if you've been the one in control of the situation thus far then offering to empty your pockets for them is a very good thing. The police hate searching you...it is one of the most hazardous duties they have to do (besides those latex gloves and asking if you have any needles is an uncomfortable situation for them too). If you offer to make their job easier for them, they're going to appreciate it.

Now if you *DO* have a weapon (or anything that could be construed as a weapon, such as a Swiss Army Knife or a Multi-Tool), disclose that when they ask if you have any weapons. Don't reach for it, but keep your hands in the open. Tell them precisely where it is. If it is a firearm, and you have a C&C Permit, tell them where the firearm is and that they can find your C&C Permit in your wallet/purse and where they can find that too. They'll take both of them from you, but you'll get them back eventually, but the most important thing is that you've proven to them that you are a lawful citizen and not a threat to their safety. They'll keep their hand on their sidearm when they take it from you, but you've taken away their primary excuse to pull their sidearm out.

The other thing that I forgot to mention that I perhaps should have is that even though it may seem that you are passively accepting and going along with everything like a sheep, ultimately what you are doing is controlling the entire situation to a favorable outcome. You are the one who is able to control how the situation turns out, assuming you play your cards from the very beginning, and play the right cards at the appropriate time. No one likes being arrested, but the fact is that if the police were dispatched to your location then someone is going to be arrested. There is no reason to make the situation anymore miserable for either yourself or the police. The sooner you come to that realization, the sooner you can take control of the situation and be creating a positive outcome, rather than a negative one.

[edit on 28-7-2009 by fraterormus]

reply to post by fraterormus


This one is interesting:



The link has more like it. Any thoughts???

I guess if all else fails you can run?. lol but seriously very informative.


[edit on 28-7-2009 by Pointman]

Hi Frat,

I liked the post and there's some fairly informative info and I agree with being civil towards them but there is one thing I can't stress enough is to try NOT TO VOLUNTEER INFORMATION, DO NOT ADMIT that you have pot in the car, etc. If you have a CCW and a firearm, then tell them but point out "For your safety I'm informing you that I have a concealed firearm in the vehicle/on me, etc."

If you're doing something illegal, the odds are heavily weighed against you that he/she is not going to let you go. Watch Cops on any given Saturday and note that people who tell the truth get sent to the slammer at least 95% of the time. Yes, it's TV and they know they're being watched but as soon as you admit to something, you've just destroyed any possible defense you might have. Learn the following concepts and how to circumvent them: Reasonable Suspicion and Probable Cause.

I highly recommend everyone read this book: You and the Police by Boston T. Party.

You have rights, you have no reason to fear the police if you're smart about your encounter. Do not be intimidated.

Will

[edit on 28-7-2009 by wills120]

Great post, .. Whenever I turn on the Charisma with the police they seem to cut me a break, .... really, it doesnt pay to be an ahole. .... I've been let out of a DUI, .... they found marijuana on me and let me go, ( when I was younger) .... let me out of speeding tickets, ... and even dropped a charge.

Have you guys heard of the, I'm not sure what its called, A DUI buddy or something. ... its basicaly a little tape recorder, so if you get pulled over drunk, you just play the recording for the officer, not only does it not help them determine if you are, indeed drunk ( which you are, you alkie) but it can be used in court if you are arrested.

Good tips to know, thanks for the info. Although I cant say I would recommend pulling a dimebag out of your pocket, instead I would eat it while the officer is pulling up.

Good post!

Only think I can add and it's not from "personal experience" is that if you're a female,do NOT try to seduce or act in an inappropriate way towards the officer.

I have many friends who are police officers and this is something that's a "no win" for them: they HATE dealing with either drunken or aggressive females because it can go very bad very fast for them.

Act like a lady and you'll be respected most of the time.

I cannot stress how incorrect number 2 is. It is dangerous and is close to a death sentence if you are non-white in the United States. Sorry to be blunt, but it is the truth. Do not, I repeat, do not stick your hands in your pockets unless the officer demands you to. Even if one is a white American, the situation can end in pepper spray, taser, or even immediate bullet wound trauma. Do not voulenteer to searches, for it is a clear sign of an attempt to distract the officer. Always respect the officer and keep eye contact. Smile, and continuously ask: "Is there a problem officer?"
If they cannot legitamitely answer ask: "Am I under arrest, officer?"
If you are not ask: "Am I free to go, officer?"
The questions, they are your only means of attack. They take the power out of the officer's hands and put it into yours. Do not answer any questions in which the officer has no need of knowing,; meaning, do not answer questions that will in no way assist the officer in his duty to protect.However, I must stress...DO NOT ask the second question: "Am I under arrest, officer?"
unless you are prepared to spend time in holding, only to be freed without charges.

Always keep your hands in the line of sight.

2.) Cooperate with the officer. Actually, go a step further and help them out by volunteering what you know they want. If they've been dispatched to your location, there is nothing you can do to change that. However, your cooperation can go a long way towards making the officer who is just doing his job treat you like another fellow citizen like him rather than mistreat you like a scumbag who needs to be taken off the streets. If they ask if you have any weapons on you, don't just answer them, but show them...and go a step further by volunteering to allow them to search you if they would like. Even if you have a dimebag in your pocket that you don't really want them to find, don't hesitate to empty your pockets.

This is the only section I really have a problem with. Something that you people need to keep in mind is that way you say CAN AND WILL BE USED AGAINST YOU. People are so used to hearing that slogan that they have forgotten that it's serious.

People who are arrested tend to get really scared and in the process start spilling their guts, incriminating themselves beyond belief. Another thing is that when it comes to court and the officer is asked what you said, he may not remember the original question, but he sure as hell remembers your answer. So they can twist your words to MAKE you guilty even though you weren't to begin with.

Though these guidelines are good, dont mistake the corporate policy enforcement for your friends. Cause they aren't. Their job is to protect and serve the corporation they work for (state, federal, provincial, municipal, county etc) NOT to protect and serve the people. That is a complete MYTH.

Additionally, the OP is referring to Dejour courts, in which you are judged by a jury of your peers, those are usually reserved for more intense charges. Most people will in fact be brought to a de facto court, in which it is only a judge. This is technically, an illegal court. The judge is handling a 'security transaction' nothing more, they are settling a monetary issue and your the commodity.

Anyone who seriously cares about their rights should always carry a digital camera capable of recording video. You have the legal right to record any audio conversation in which you are a part of and you are also legally allowed (most places) to video tape a confrontation with an officer. It is absolutely essential that you record the interaction, a friend I know DID this, but the officer didn't know that the camera in the cup holder was on. It didn't catch the physical interactions, but it did capture the audio. In court, the officer told his side which was completely embellished and outright fraudulent. Then the audio from the video was heard and the judge threw the case out because the officers integrity was compromised.


Thus, as long as everything goes well the above guidelines work well. But you are a fool to think that every single officer will show any form of compassion, no matter how you act. Some offciers just want to ruin your day and your life, no matter how big or small your infraction.

I recall when I was younger, I was driving a rental car and I had sped past an unmarked car on the freeway and got off the exit. The way I looked, they assumed I was a drug dealer, so they pulled me over and ordered me out of the car at gun point. I obviously complied to every order, then I was cuffed and put at the back of my car, they then proceeded to ask me tons of questions which I was super nice about, and super compliant. The "good officer" was searching the vehicle, while the "bad officer" was interogating me. The bad officer then yells to the good officer, "take a good look I know theres crack and heroin in there", im like, sorry officer but I do not have ANY drugs with my whatsoever, you're welcome to dismantle the car. Before I could even finish the sentence he was screaming top of his lungs SHUT THE # UP, and pushed me into the trunk of my car.

After a few more minutes of him yelling at me for answering his questions, and NOTHING found in the car, he took my description and released me right there. No charge, no tickets, no NOTHING. For a minute I even thought I was going to be framed I was scared as hell I think I was 16 at the time. If anything had of come out of that confrontation, audio recording of it would have been invaluable. Because the cops came in with a preconceived notion of what I was up to and they were wrong. Despite 100% compliance, and honesty.

Fraterormus, First off, good post. I can agree with most of it with the exception of "They are just looking for a reason, any reason, to pull out their Pepper Spray, Taser, or Sidearm." In my experience this is not at all true. Sure, there are some 'bad' police officers, just like there are some 'bad' teachers, 'bad' engineers, 'bad' bank tellers, 'bad' ditch diggers, 'bad' UFO researchers... well, you get the point. That blanket statement makes ALL police officers out to be brutes or bullies that only want to come to work to belittle or punish everyone that comes across their path. Most are just the opposite. Also the myth of 'one free phone call' has been around since before The Andy Griffin Show and is also not true (in my experience). Otherwise, your advice is great... if it will be taken.

Wills120, 'Watch Cops on any given Saturday'. Is that show still being made? They should rename it, "What not to do if you are the Police." Yeah, I guess it's filmed live, but it's a still a TV show. Lots of bad info for the general public and police officers as well.

TheOneElectric, "Always respect the officer and keep eye contact." Very good advice. "Smile, and continuously ask: "Is there a problem officer?" NEVER say this to a police officer. Ever. It only makes you come off sounded like a smart-ass. Of course there is a problem or you wouldn't be on the shoulder of the road with a police officer standing in your driver side window. Most people are already on the defensive when the lights come on. I understand that. But what if you are getting stopped because you left your laptop on top of your car? Or your gas cap was not secured? Or your back left tire is going flat? Public service is still first and foremost for any police officer. If it's not, he or she should seek another career. Bottom line when getting stopped: let the officer do the talking and don't be rude or defensive.

This is my opinion from 14 plus years of law enforcement.

Originally posted by fraterormus
Forgive me for putting this in the Survival Forum, but there was no other place that it really fit, and to be honest, this is a form of Urban Survival.

Daily we are inundated with news of arrests gone bad to the point where we have become numb to them. It doesn't take much to escalate a simple arrest into yet another story for the headline news. Because of that, I thought it might be useful to give a practical manual for how to survive an arrest.

You are a cop, right?

1.) From the very moment you are approached by officers of the law, mind your attitude. They are just looking for a reason, any reason, to pull out their Pepper Spray, Taser, or Sidearm.

IE; bend over backwards, and if you need, grab some vasoline. Otherwise they will smack your head on a seat and it will still hurt.

2.) Cooperate with the officer. Actually, go a step further and help them out by volunteering what you know they want.

Everytime I've tried to tell an officer what I've done, I've been met with "Shut up, do no interfere" attitudes, to the point of being taken aside and segregated from the people I'm with. They don't want to know anything more than they already ASSUME to know.

You don't get a choice when they search you. There is no offer, nor compliance. And a dimebag - EVEN WITH TOTAL COMPLIANCE - WILL get you arrested. No Doubt about it.

3.)Empathize with the officer. Again, they are just doing their job. They are human just like the rest of us and probably hate their daily routine at work just like each and every one us does.

And be treated with contempt. "No mate, it's been a good day, I get to arrest you!" -- these imbeciles do NOT care about you. That you care about them shows you are human. They are not - they are trained to be subhuman in order to inflict the law at maximum capacity.

I remember the days they Police were at least decent... Not these days. Now they are machines... You cannot elicit emapthy from someone who feels none.

4.) Don't argue with the officer. Yes, the officer might be wrong...and more often than naught they are wrong. Law Enforcement Officers are not very versed in the law they are sworn to uphold, contrary to popular belief.

This is #1 on overdrive. Bending over double fast...

You dont argue with a cop, it's pointless. It lends to the end rape you will legally receive. But you cannot justify any reason not to, other than what I just did.

5.) Thank the officer. What? Thank the officer who is arresting you? Most definitely yes! When the officer puts the handcuffs on you, genuinely thank him for not putting them on too tight.

Stuff the damn pig. Never will I thank a bloody officer for being a smug arrogant self absorbed, wanker. Tight cuffs or NOT. He craps the same as I do, he cries when things happen - thank him???

NEVER.

Im 37 years old, and not once in my life have I EVER met a copper who warranted anything but contempt. Sure they do a job we all wouldnt want, but they CHOOSE IT.

This is in legal issues, social issues, and family.

A certian mindset becomes of those in that 1% crime gang. They dont ride bikes, but they wear the same colours...

bah.

Well it all depends how they enter your house.They can knock on you door and tell you they are the fbi and are here to search your house.Well at least you may get the chance to jump out a side window with you discs and run like hell.They may just kick your door in at 4am in the morning and you wake up with 10 maching guns pointed at you head.You can pull the pin out of the grenade hanging around your neck or you can just surrender.Your friend down the road phones you that there is 11 ATF vehicals heading up your street towards your house.That may give you enough time to get in your car and drive though you neigurbours back fence and escape.Well if its just a couple of police detectives just invite them in and offer them a cup of coffie and a cookie.Your motion detector is trigger at the frount gate at 3am in the morning.That may give you time to load and aim your twin 30 mm mini guns and make you frount yard look like something out of the terminator movie.

[edit on 29-7-2009 by GORGANTHIUM]

You have to be in law enforcement to write a post like this.

Some of this is the worst advice I've ever seen.

Are you aware of what happened to U S citizens who fully cooperated with law enforcement during the Katrina disaster? Detained illegally for hours, guns were confiscated that were legally owned and never returned, police brutality widespread for people who just barely survived.

Not all police are bad. But I notice weekly that they are becoming more aggressive in their methods of arrest. Many of the arrests are illegal in the way they were obtained but people do not know the law and what their rights are. The courts won't tell them this because they want convictions and money for fines.

Your best defense aginst law enforcement officers is to know what they can do and what they can't do when stoping you. Know your rights and let them see that. This is what will back them down in most cases.

Remeber the courts are not on your side in this situation(are they really ever anyway). They want to convict you.

Please..... Let the cop know you have weed! That is a very irresponsible post. Only let them know you have a firearm if they ask. If you tell them no and they get a warrant to search(unlikely) and they find the weapon, then you will have a problem.

Never give consent to search any of your personal property. Tell them to get a warrant even if you have nothing to hide. Police have been known to plant drugs to solicit an arrest. When they do search, watch them carefully. this is your right. You do not have to sit behind the car and wait.

Irresponsible post for the most part.

Xmen442002

Originally posted by Ha`la`tha
Sure they do a job we all wouldnt want, but they CHOOSE IT.

Compared to a convenience store clerk/cashier, being a cop is pretty safe.

So next time someone gives you the "they put their lives on the lines" spiel just remind them of the guy who puts himself in even more danger, just so they can get their chips and pop at awkward hours.

*Those clerks get paid about a quarter what a cop does and are nearly twice as likely to get killed on the job. Most don't have a selection of weapons hanging around their belt either.

[edit on 29-7-2009 by Exuberant1]

I would like to note that this doesn't help half the time. I have been nice to cops and done all this stuff and still been screwed by a cop. For some reason half of these guys think they have something to prove. And the other half think they are above the law. Yeah there are a small amount that are actually decent people, but more and more they are getting out of hand.

I got pulled over by a cop the other day. He told me he "clocked me on radar" doing 59 in a 45. As soon as he said that I knew he was lying because I was only doing 50 (when my odometer says 50, I am actaully doing 48, which I found out from my tomtom). Anyway, I told him "nice try officer, but I wasn't going that fast." He wrote me a ticket for exceeding the 45 mph speed limit, came back to the car and when I asked him why he didn't pull over the guy that didn't use his blinker (people in NC don't use blinkers for some reason) or the guy right infront of me that cut me off and was going at lease 65, he said he "thought" I was speeding. This cop was coming down the road on the opposite side that I was on. So he turned around, pulled me over, lied to me and gave me a ticket cause he "thought" I was speeding. Its the end of the month so they need their quota, but pulling people over without evidence is rediculous!

reply to post by fraterormus

How To Survive Arrest

How things change. Back in the late '60s and early '70s, this kind of tact didn't get you anywhere. They'd just kick the sh*t out of you, chain you to the toilet in a cell and leave you there to be eaten by the rats and/or get beaten further by the drunks.

I was busted once in Savannah, Georgia for public intox (we were just stoned to the gills). My buddy tried to talk nice to them but for his effort, they left his cuffs on and tied him to the cell bars by his hair. Every so often, the cops would come down the hall and ask him if he wanted a hair cut (that would have at least allowed him to move around). He declined and stayed there all night until court the next morning.