Speaking to the police In general, you have the right not to answer any questions the police ask you. This story first appeared July 27 in the Opinion section of the New York Times and is republished with permission. The overwhelming majority of Americans support police reform. Police are free to approach children and question them about whether they were involved in a crime but, just as an adult can never be forced to answer questions from police in an interrogation, the child is not required to answer. For decades, prosecutors have excused and sometimes perpetuated the systemic problems in our police forces. Though I personally never relished the thought of taking a civilian rider on patrol (they're a pain) I did enjoy police candidate riders. So if you volunteer to walk into a police station without being under arrest, and choose to answer police questions, you do not need to be read your Miranda rights, the Supreme Court has held. This helps the interviewer see that you are a motivated and ambitious person who is right for the position. And here’s our email: letters@nytimes.com. Bookmark the permalink. Mr. Wood is right: you don't have to say, but as you recognize in your question, it's important not to answer in a way that invites the police to hassle you more. You do not have to answer any other questions the police ask you. Now it is time for us to stand up and accept responsibility for fixing them. However, individual are not legally required to participate in police questioning. Communities need to rethink prosecutors’ roles and demand proactive work to hold the police accountable and protect the public from police abuse. Accordingly, my office will no longer charge cases that rely solely on uncorroborated reports from officers with prior serious misconduct. Local prosecutors shouldn’t trust the reports of officers with prior misconduct. Where possible, crowbar in some extra – but relevant – details, such as some personal experience you had, on a recent ride-in with the police department, for example. Chesa Boudin, the district attorney of San Francisco, can be reached at districtattorney@sfgov.org, 628-652-4000 or by mail to 350 Rhode Island St., North Building, Suite 400N, San Francisco, CA 94103; the office is closed to visitors during the pandemic. Also, under certain state and federal laws, it's illegal to lie to an officer. They must provide real-life examples of how they exceeded expectations on the job and touch on past experiences of their police officer career. If the police do not have the legal right to search you, they cannot force you to have a search. In WA, you have a general right to silence, which means you normally do not have to answer questions from police. Similarly, it took intense public pressure before prosecutors brought tepid, third-degree murder charges against Derek Chauvin — later amended to second-degree murder — who kept his knee on George Floyd’s neck for nearly nine minutes, even though the case had compelling cellphone footage. Because of California’s Police Officer’s Bill of Rights, even as San Francisco’s district attorney I have no way of knowing how many of our police officers have histories of serious misconduct. The police have a duty to investigate crime. We should start with the basics: Police officers are unlikely to be held accountable if the prosecutors investigating and potentially prosecuting them feel indebted to them. If the police knock on your door and ask to speak with you, but you do not want to speak to them, you are not required to answer the door. Simply say you do not consent to being searched and you can walk away. However, there are some times when the law says that you must give your name and address to the police. If police departments won’t remove officers who lack integrity, prosecutors should ensure that no one is prosecuted based on those officers’ unreliable accounts. Police have the power to stop you in a public place and ask for your name, where you are going and what you are doing. For decades, prosecutors have excused and sometimes perpetuated the systemic problems in our police forces. If you are not a suspect and can safely answer the officer’s questions without potentially incriminating yourself, then your criminal investigation attorney may arrange for you to talk with the police – while your lawyer is present, of course. Together with three other elected and former district attorneys, I recently pledged to never accept endorsements or contributions from law enforcement unions, and called on the California State Bar and the American Bar Association to cure this conflict of interest by prohibiting prosecutors from taking money or support directly from police unions. These answers should be confident but not boastful. Requests for Proposals and Qualifications, California’s Police Officer’s Bill of Rights, dishonesty in reporting or investigating cases, majority of Americans support police reform, police officers who kill without justification, uncorroborated reports from officers with prior serious misconduct, This generation of people who love liberation and humanity, Kevin Cooper: Surviving Death Row and COVID-19 in San Quentin. What would you do? Here we describe what the law requires and also offer strategies for handling police encounters. We want to be clear: The burden of de-escalation does not fall on private citizens — it falls on police officers. Together with Shamann Walton, a San Francisco County supervisor, I drafted a resolution to prohibit hiring officers from other jurisdictions with prior misconduct findings — for things like excessive force, racial bias and dishonesty in reporting or investigating cases. As the police killings of Mr. Floyd, Breonna Taylor and Rayshard Brooks have demonstrated, the police typically don’t answer to the federal government or state legislatures; … First and foremost on … And police unions remain one of the most powerful sponsors of prosecutor elections nationwide. We know what can happen when prosecutors get too cozy with the police. With few exceptions, the California Victim Compensation Board requires a police report listing the person harmed as a victim, which makes it unlikely, given current reporting practices, that victims of police violence receive benefits. Police reform will be more effective and durable with buy-in from prosecutors nationwide. Bay Area teenagers are taking the reins in the midst of recent rebellions, Black August 2020: All eyes on us to save our youth, The Return Fire Movement: Self-preservation is a human right, From ‘movement moments’ to change, from the Red Summer to Black Lives Matter, Oakland youth lead 15,000 marching for George Floyd. The person that is at the scene can refuse to answer any questions other than identification ones. If police departments won’t remove officers who lack integrity, prosecutors should ensure that no one is prosecuted based on those officers’ unreliable accounts. the best answer is, “Yes.” The answer to police reform is to do the hard work of building trust between officers and communities Numerous task forces have offered recommendations over the years. Prosecutors must protect everyone — including communities of color that are often brutalized by those entrusted to keep them safe. Being stopped by police is a stressful experience that can go bad quickly. In your answer, explain what you would strive to do in your role as a police officer. It can be a good idea to use this right, because what you say to the police, no matter when or where, could be used against you. If they do not have a warrant, you are allowed to leave. Don't break the law, they leave you alone. Here's why This article is more than 7 months old. Prosecutors must do now what we should have done long ago: Prosecute offending officers and adopt measures that focus on increasing transparency, accountability and equal justice in a system plagued with impunity for the police and racial injustice. In order to fix the problems nationally, prosecutors should aim big, beyond our own agencies. If the police ask further questions, the accused person should repeat ‘I do not want to say anything’. We define who is a victim — not the police. Prosecutors must protect everyone – including communities of color that are often brutalized by those entrusted to keep them safe. Our system’s integrity depends on it. Here are some tips. The overwhelming majority of Americans support police reform. While we do not advocate bribing the police in any country, there are well-enforced anti-corruption laws in the UK and you absolutely cannot bribe the police. As the recently elected district attorney of San Francisco, I have begun this work. If you mean to check on someone’s welfare, sure. Chesa Boudin is the district attorney of San Francisco. Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. A chief of police may also be known as a police chief or sometimes just a chief, while some countries favour other titles such as commissioner or chief constable. If prosecutors don’t watch the videos ourselves, we risk being complicit in prosecuting victims of police violence. We need to look elsewhere for reform — to local prosecutors. In most circumstances, you don’t have to stay with the officer or answer their questions. Mr. Boudin is the district attorney of San Francisco. Register, vote (y)our interests and continue organizing for power! Communities need to rethink prosecutors’ roles and demand proactive work to hold the police accountable and protect the public from police abuse. ... it's important to know that many police officers do … But we need to do more. Police reform will be more effective and durable with buy-in from prosecutors nationwide. And we must repair the wounds. Perhaps, your first reaction as a citizen would be to say that you will stop the car and get out to check if you can help. We’d like to hear what you think about this or any of our articles. Similarly, it took intense public pressure before prosecutors brought tepid, third-degree murder charges against Derek Chauvin – later amended to second-degree murder – who kept his knee on George Floyd’s neck for nearly nine minutes, even though the case had compelling cellphone footage. The refusal to prosecute the police after the deaths of Stephon Clark in Sacramento in 2018 and Sean Monterrosa in Vallejo, Calif., in June are just two local examples of the system’s failure. Do a Ride Along.Many police departments allow civilian riders. The failure of both Congress and state legislatures to respond to the murder of George Floyd with any meaningful action reminds us that our nation’s attempts at reform can often amount to nothing. But if you do open the door, remember that you do not have to let them inside, and you likely shouldn’t. my office expanded our victim services to include victims of police violence. Sen. Kamala Harris, D-Calif., ducked questions Monday about whether she favors defunding Accordingly, my office will no longer charge cases that rely solely on uncorroborated reports from officers with prior serious misconduct. We know what can happen when prosecutors get too cozy with the police. . With few exceptions, the California Victim Compensation Board requires a police report listing the person harmed as a victim, which makes it unlikely, given current reporting practices, that victims of police violence receive benefits. Refusal to Answer Questions The police officers at a traffic stop must follow standard procedure and the rule governing over these situations. We define who is a victim – not the police. What to Say When an Officer Asks You to Come to the Station There are a number of reasons not to speak with the police. Keep it Simple. The police also have a power to stop vehicles for any reason. This entry was posted in Police, Interviews. Do not do so. There are some questions you must answer, for example, your name, address and date of birth. What’s more, my office expanded our victim services to include victims of police violence. It's defunding. Getting searched The police can only search you or your property in certain situations. Demanding that prosecutors charge police officers who kill without justification is a crucial step, but it is only the beginning. . This, however, is not the most appropriate answer for a police officer. If prosecutors don’t watch the videos ourselves, we risk being complicit in prosecuting victims of police violence. Do not lie to a police officer, but keep your answers to questions brief. If you answer at all, your answer should always be “No.” Similarly, if the officer asks, "Do you know how fast you were going?" Demanding that prosecutors charge police officers who kill without justification is a crucial step, but it is only the beginning. The Times is committed to publishing a diversity of letters to the editor. The only people who do not like the police are those who break the law. This policy – not to seek convictions on the word of individual officers whose testimony we have specific reason to doubt – will prevent wrongful convictions, deter future misconduct and build public trust. The failure of both Congress and state legislatures to respond to the murder of George Floyd with any meaningful action reminds us that our nation’s attempts at reform can often amount to nothing. 3 months ago. By peppering each answer with the latest crime statistics, or figures relating to the department or problem in question, you greatly add value to each answer. Opinion by Jason C. Johnson and James A. Gagliano. What to look for in an answer: As the recently elected district attorney of San Francisco, I have begun this work. Prosecutors must do now what we should have done long ago: Prosecute offending officers and adopt measures that focus on increasing transparency, accountability and equal justice in a system plagued with impunity for the police and racial injustice. I have partnered with other prosecutors to demand the board change this unjust policy, which leaves victims of police violence — and their families — to cover funeral and burial expenses on their own because police officers are the gatekeepers to compensation even in cases where they do the killing. Prosecutors should also support the victims of police violence — regardless of whether the police acknowledge them as such. As the police killings of Mr. Floyd, Breonna Taylor and Rayshard Brooks have demonstrated, the police typically don’t answer to the federal government or state legislatures; they are accountable to local prosecutors, who make decisions about if, when and how to charge officers. Get instant access to our online police officer training course below to get the answers to more police officer interview questions: Police Officer Final Interview MASTERCLASS – Thereafter £27.00 + vat per month . Local prosecutors must use the power and discretion afforded them to carry out sweeping reforms that will protect the public — especially Black communities — from police violence. And we must repair the wounds. Whether you do answer or not is up to you. Together with Shamann Walton, a San Francisco County supervisor, I drafted a resolution to prohibit hiring officers from other jurisdictions with prior misconduct findings – for things like excessive force, racial bias and dishonesty in reporting or investigating cases. Those who break the law requires and also offer strategies for handling police.! — it falls on police officers who kill without justification is a crucial step, but keep your answers questions... 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