“WHAT BLACK PEOPLE NEED TO KNOW WHEN DEALING WITH THE POLICE “ By: Attorney Malik Shabazz

                                                   BLACK LAWYERS FOR JUSTICE

                                                             
WWW.BLFJUSTICE.ORG                                                                   Attorney.shabazz@yahoo.com
             “WHAT BLACK PEOPLE NEED TO KNOW WHEN DEALING WITH THE POLICE “

By: Attorney Malik Shabazz - BLFJ Founder

Website : www.blfjustice.org                       

Facebook: Black Lawyers For Justice

Twitter: https://twitter.com/blfjustice 

1. WHY THE BLACK COMMUNITY NEEDS SPECIAL ADVICE
FOR DEALING WITH THE POLICE

Blacks or African Americans need special rules for dealing with the police because for
decades and centuries they have received separate and unequal treatment at the hands of law
enforcement. Black people and people of color have consistently been treated worse and subjected
to a double standard when it comes to law enforcement and the criminal justice system In general.
in no state or jurisdiction anywhere in America can we expect consistent, true fair and equal
treatment from the police. Racial profiling and discrimination is a reality and Black People’s legal and
human rights in far too many instances are not given the same respect as whites or others.

2. TRY TO AVOID ENCOUNTERS
WITH THE POLICE:

a. Avoid Negative Encounters: My first advice to our community is conduct yourself in a way
at all times to avoid negative encounters with the police and law enforcement. The less contact
with police, the less likely a negative occurrence will occur. Avoid circumstances or actions in
your activities, vehicle or home that could bring you into an encounter with the police. Shun any
circumstance or situation that could give the police a reason to detain, search or question you.
The Black Community is under constant racial profiling and targeting and law enforcement and
we must not give them an advantage against us.
b. Domestic Disputes and Black Men: If you see a domestic dispute
developing between you and your partner, it is best to abandon the scene early on before
emotions cause either party to put their hands on each other or one parties property. Don’t
wait until a physical altercation develops and the cops show up because 90 percent of the
time, regardless to the origin of the dispute the Black man is going to jail. So be wise.
Miranda v. Arizona, 384 U.S. 436 (1966), was a historic and critical
legal decision of the United States Supreme Court . The Court held that
statements made in response to questions or interrogation by a person who
is in police custody will be admissible at trial only if the person in police
custody is informed of their right to consult with an attorney before and
during their questioning. Also Miranda found that the person in custody is
informed of their rights against self-incrimination prior to questioning by
police, and that they not only understood these rights, but the also
voluntarily waived these right.

3. “ANYTHING YOU SAY OR DO
CAN AND WILL BE USED AGAINST YOU.”

Never forget this teaching: The Police have to give you your Miranda Rights Warning for a
reason! They are forced by law to tell you, that once you are detained and not free to leave, that
you have a right to remain silent and that “Anything You Say Can And Will Be Used Against You.”
It does not say “Anything you say can and will be used for you.” All scenarios with the police that
are presented in my pamphlet require you to optimize your chances of success in your police
encounter by remembering the simple axiom: “loose lips sink ships.”

4. TAKE NOTES AND VIDEO TAPE

Documentation of any incident with police is very important because some cops lie:

a. Try to find witnesses and their names and phone numbers.
b. If you are injured by the police, seek medical attention first, then take photographs of the
injuries as soon as possible,
c. Try to videotape the encounter or encourage someone else to do so with cell phone
d. Send your abuse report and video to Black Lawyers For Justice at www.blfjustice.org. If
you feel your rights have been violated, file a written complaint with police department’s
internal affairs division or civilian complaint board.
e. Case Law on Video: 1st U.S. Circuit Court of Appeals has ruled that members of the
public have a Constitutional First Amendment Right to videotape police carrying out their duties
in public. The Aug. 26 2011 ruling in Glik v. Cunniffe, the Court stated that the right to video
tape does not only apply to the media but logically extends to public at large.

5. HOW SHOULD I CONDUCT MYSELF WHEN
STOPPED BY POLICE?

a. Be Alert, Yet relaxed and try not to move too much- Use limited movement, body
language, and be in control of your emotions.
b. Use as few words as possible. Anything you say or do can be used against you.
c. Do not get into an argument with the police. Be professional and
courteous and expect the same in return. The least you say the better.
d. Keep your hands where the police can see them. Black People are shot or
killed in situations many times for alleged hand movements when other races are not.
e. Keep Your Pants Up: Black Males must keep their pants belted and pulled up because
many brothers are being shot by police while they are trying to pull their pants up and the
cops lied and claimed the young men were allegedly reaching for weapons.
f. Do not run from the police. Especially at night. And don’t do things that make you want
to run. Black people are shot in the back all the time, running from the police.

      TAKE THE ADVICE OF A PEOPLE’S LAWYER ATTORNEY SHABAZZ IS ON YOUR SIDE

“WHAT BLACK PEOPLE NEED TO KNOW WHEN DEALING WITH THE POLICE “

6. IF I AM STOPPED BY THE POLICE
DO I HAVE TO TALK?

No, you don’t have to talk to the police. Only in limited circumstances do you have to
talk to the police. So as a rule of thumb, if questioned try not to talk to much.
If you have a conversation with police:
a. Stay calm. Be professional. Give respect and courtesy and demand the same
in return.
b. Right to Remain Silent: If you choose to not answer any questions, you do not
have to. It's not a crime to refuse to answer questions and it is your
Constitutional right not to talk and to seek legal counsel.
c. You do not have to explain where you are going or where you came from.
d. Do not be intimidated into giving up your Constitutional Rights: Don’t
compromise principles and give up your legal rights just because you are under
some sort of stress, anxiety, pressure of duress. Standing up for your 4th
Amendment Rights and other Constitutional Rights will always be your best bet.
e. If you are driving a car, you must show your driver's license and registration. If
you are not the driver and are a passenger YOU DO NOT HAVE TO SHOW I.D.
f. Showing Identification: You don’t have to show to police identification just
because they ask you. Simply don’t respond to the request.
However If you are detained based on a reasonable suspicion or arrested you
may have to give your name and prove who you are in order to be released.
g. Ask if you are free to leave. If the officer says yes, then politely walk away. If
you are under being detained or arrested, you have a right to ask and know why.

“WHAT BLACK PEOPLE NEED TO KNOW WHEN DEALING WITH THE POLICE “

a. Stop and Frisk: In Terry v. Ohio, 392 U.S. 1 (1968), the United States Supreme Court
allows a police officer to stop a suspect on the street and frisks him without probable cause to
arrest, if the police officer has a reasonable suspicion that the person has committed, is
committing, or is about to commit a crime and has a reasonable belief that the person,
according to the police, "may be armed and presently dangerous."
Police may conduct a quick surface search of the suspects outer clothing for weapons if
they have reasonable suspicion that the suspect stopped is armed. This reasonable
suspicion must be based on "specific and articulable facts" and not merely upon an
officer's hunch or subjective opinion. The police must have specific facts and information
that a crime has been, is or might be committed and that the officer has a reasonable
suspicion that person stopped is involved, or will be in the crime. Stopping any Black
person after a crime has been committed is not acceptable yet is often done by Police in
the Black Community. This permitted police action has subsequently been referred to in
short as a "Terry stop” or “stop and frisk," or simply a "Terry frisk". The Terry stops was
later extended to temporary detentions of persons in vehicles, known as traffic stops
Police Officers nationwide have abused Terry v. Ohio in order to commit Racial Profiling
and Racial Targeting by randomly detaining and stopping and frisking Black males. This
pamphlet is designed to help you resist them and tell them “NO!”. Even if searched for
BE SMART 

7. AM I BEING
DETAINED BY THE
POLICE?

weapons under a legitimate stop it is illegal for the Police to search further, or for them to
go in side your pockets. They are allowed to pat down for an obvious weapon for their
own safety during a brief legal detainment and thatʼs it they can search no further.
Amount of time in detention: The police can only detain you for a reasonable time to
ascertain whether or not you are involved in criminal activity. After that they must release
you or your detention turns into an arrest. A reasonable time is usually ten to 15 minutes
only for a lawful detention.

BEWARE: DO NOT CONSENT TO ANY KIND OF SEARCH AT ANY TIME!

8. DO I HAVE TO HAVE TO CONSENT TO A SEARCh
OF MYSELF OR MY BELONGINGS,?
a. Never voluntarily consent to any kind of search.
b. Ask if you are under arrest or being ‘legally detained”. If you are, you have a
right to know why.
c. Police may "pat down" your clothing during a detention they have reasonable suscpicion
that a weapon may exist. Police may pat-down your clothing if they suspect a concealed
weapon.
d. You should refuse to consent to any type of search including a Terry Search further
search. If you do consent, that is evidence that will not be in your favor when later you
challenge the search as being illegal on 4th Amendment violation of search and seizure
grounds.

9. WHAT SHOULD I DO WHEN STOPPED
BY POLICE IN MY CAR?

a. Keep your hands where the police can see them and make no erratic motions. If you
choose turn on interior light. Make no sudden motions and be professional.
b. Videotape the encounter if possible using your Smart phone or other type of phone.
c. If asked, show the Police your driver’s license, registration, and proof of insurance.
d. If you’re given a ticket, you should sign it; otherwise you might be arrested. It is best to sign
the ticket and contest it later in court the case in court later.
e. NEVER VOLUNTARILY CONSENT TO A SEARCH OF YOUR VEHICLE. It is not lawful
for police to arrest you simply for refusing to consent to a search. But if police believe your car
contains evidence of a crime, your car can be searched without your consent.
f. Both drivers and passengers have the right to remain silent.
g. If you are a passenger in the car: if you desire to leave, you can ask “am I under arrest”

or “am I being Detained.” If the officer says no, remain silent and you have the right to exit the
vehicle and leave. Passenger does not have to shoe i.d. without cause.
DWI (Drunk Driving): if you are suspected of drunk driving (DWI) and refuse to take a blood, urine
or breath test the following can occur:
1. if you refuse in your home state your license will likely be automatically suspended
2. if you refuse out of state, you have a chance of winning the case as long as you have
witnesses that will testify that you were not drinking and there is no other credible evidence
that you were drinking beyond the limits.
SUSPENDED LICENSE: If your license is suspended, the police may arrest you and impound your
vehicle and the search your vehicle unless someone is present who can drive the car or unless the
car can be legally parked. So it is critical to keep your license in good standing and do not drive
without a valid license.
IMPOUNDMENT SEARCH If your car is impunded for suspended license or for the registration being
expired the police may impound the vehicle and search the vehicle before impoundment an inventory
search. So be aware of the status of your tags so you don’t get caught slipping and lose your legal
tactical advantage in encounters with the police.

10. WHAT TO DO WHEN THE POLICE
SEEK TO ENTER YOUR HOME?

a. In order to enter your home the police or sheriff must have a warrant, signed by a
judge They must knock and announce themselves.
b. Ask to see the Warrant
c. If it is an emergency or someone is in imminent danger in the house or a fleeing
felon has entered the house, officers are allowed to enter and search your home
without a warrant.

“WHAT BLACK PEOPLE NEED TO KNOW WHEN DEALING WITH THE POLICE “

(So be careful who you have in your house and what you allow them to do in your
house of out of your house if you want to keep the police out of your house.)
d. Domestic dispute: If a person has made a 911 call and claimed that a crime which
affects their safety has occurred the Police can come in to investigate criminal activity.
They can conduct a limited search relative to the crime allegedly committed. So my
advice is be very careful who you have in your home because a person in your home
calling the police on you can erode key privacy rights you have.
e. If you are arrested, the police can search you and an area close by. If you are in a
building, 'close by' usually means just the room you are in and only a search relative to
crime you are being arrested for.

11. WHAT TO DO IF I AM ARRESTED
OR TAKEN TO A POLICE STATION?

1. You always should exercise your Constitutional right to remain silent and to talk to a
lawyer.
2. Do not speak about your incident behind bars. You never know who you are talking
to and who is listening. If you are allowed to make a phone call, do not discuss the
details of the incident.
3. You should appear in court the next day for arraignment. If your lawyer does not
appear with you a court appointed lawyer will be appointed for you. After that, you can
choose to remain with a court appointed attorney or you can hire your own private
counsel of your choice.
5. When in court, you may be released without bail or on your personal recognizance.
But if you are on probation or on parole or depending on the seriousness of the crime
in which you are arrested for you may have to post bail.
6. Let your attorney make all bail arguments and all conduct all actions on your case.
Only a fool has himself for a client
If you, or someone you know who has been
falsely arrested, unlawfully detained, assaluted or
beaten or killed by the police

                           

 attorney.shabazz@yahoo.com
blfjustice.org