Never Talk To Or Trust The Police

I say this as a law professor. But it comes from experiences that have nothing to do with being a law prof.

I’m a law professor. But I’m not a typical one. I’m not from a prestigious school, nor was I in a strong economic position growing up. I’ve had a few encounters with the police.

So, people who say “people who don’t talk to the police are guilty,” or “if you’re innocent you’ll cooperate” make me scream internally.

I wish someone had told me: Never talk to the police. Nor should you trust them.

Here are some examples from my life. I have shared them over the course of decades with friends, and many were witnessed by them and others. When I first shared them on social media this past week, people told me they don’t believe me or that my frequent encounters show I’m the problem. Their attitudes just prove my point further. When the police do you wrong, no one will believe you.

A cop hid a tape recorder in the emergency room while I was getting stitched up from a car accident. I was waiting to learn whether the passenger of the vehicle I was in had died. The person in the other vehicle had already died. The cop was seeking to blame the accident on me.

I was illegally searched as a “suspect” in a violent crime that didn’t happen (and threatened with jail) on the hood of a cop car. Just driving along the interstate, heading home to visit my mother. Cop pulled me over. He said if I didn’t let him search my car he would have to take me in to be in a police lineup. It was all a lie.  There was no violent crime. He was looking for drugs. I consented to the search. I was stupid. Also: My friend, who did not like my dirty car, had written “help me” in the window. The officer did not have a sense of humor.

Never talk to the police. Even during a traffic stop. Be polite, but don’t answer questions.

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I’ve seen cops perjure themselves even during traffic court. “There was no one on the road.” Really? At noon? On a highway? At lunchtime? You claimed to be doing traffic enforcement? Why were you on a street with no cars? Last ticket you wrote was 15 minutes earlier? Huh.

Even during a traffic stop. Against policy in many jurisdictions, but “do you know how fast you were going?” shouldn’t be answered. Ever. How about speeding? Dead of night cop driving without headlights on tailgates me until I speed up so I can merge over. Then he lights me up and pulls me over. Cool, cool.

Officer: “You were speeding.”
Me:  “You were tailgating dangerously with your lights off.”

Who will be believed, I wonder.

I have so many experiences. How about the time I actually REPORTED my license plates stolen (because they were). They were put on another vehicle used in a crime. Guess who still showed up knocking and did not believe I filed a police report and had questions?

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And if we go beyond me to my friends, the stories continue. Another law professor (my law prof in law school) told me an officer asked her how she was doing. She said, “I’m a little tired.” He cited her for driving while fatigued.

Friends of mine have been arrested for possession of a stolen gun (it was in the family for 30 years). Others had officers show up at their door after receiving a complaint about them “from a phone booth” (find one of those lately?).  The list goes on.

Apologies if this all has shook you. I understand that many law professors will not have had as many experiences as I have had (different backgrounds and upbringing). But imagine not having the privileges I have had and dealing with this excrement? It is a miracle I’m not in prison.

Even during jury duty, people don’t believe the police could ever be anything but saintly. Ask me how pissed off the judge got when I was asked about interactions with police as a JUROR and why I refused to convict anyone based only on single-witness identification. He hauled me up to the bench.

Judge:  Mr. (not Professor) LPB: I follow you out to the parking lot. I put a gun to your head. I tell you to get on the ground. Are you telling me you can’t convict me beyond a reasonable doubt?

Me: I didn’t see your face in your scenario, Your Honor.

Judge: VOICE RECOGNITION THEN!

Me: That’s even less reliable, Your Honor.

Judge: Sit down. I’m not done with you.

The judge was angry. How dare I? And for some reason there’s always an attorney to gangpile on that. “You should know better as a member of the bar.” The street comes back to me at those points. “Shut the f**k up. I’m not your associate.”

I am privileged. I remember this as I tell these stories. Because similar stories have not gone so well for others.

If you think all of these things are impossible and lies, you are part of the problem. The #BLM movement is full of stories WORSE than the ones I shared.  For those who have not led sheltered lives, encounters with the police are dangerous.

If I seem angry about these things, let’s just say I have changed my route if there is a cop behind me, I have refused to go into restaurants if they are there. And that judge that yelled at me as a JUROR? Dead to me.

Again, apologies if this all has shook you. But denying those experiences suggests even more reasons not to talk to police. No one will believe you. Thus far, three people have accused me of making this up or deserving it, including one “defense attorney.”

To those people: You have led VERY SHELTERED LIVES. My friends for decades all know these stories, and the ones I’m not sharing. And they have their own to tell.

I told this all to a friend of mine, a Black man who grew up in Chicago. He laughed, and said that I had it easy. Then he shared HIS stories. They are not mine to tell. But trust me when I say that he’s right: I had it easy. To many white men and women, my stories are incredible. To many Black and Brown men and women, my experience is tame.

I share this as someone who has had encounters. Don’t believe I’m a law professor? Don’t believe cops do this? Then there’s an excellent video to watch as well. Don’t take my word for it. Prof. James Duane’s and Officer George Bruch’s discussion here demonstrates compelling points from the perspective of a defense attorney and a police officer. And if you have only seen the video, I suggest reading Duane’s article as well, as to why the language invoked to protect against self-incrimination appears to be, well, incriminating. Read here.

I’m just adding to this dialogue. Not as a law professor but as a person who has had way too many encounters. And way too many people have had way too many more, with way too many tragic ends.

I’m keenly aware of the timing of this blog post in light of recent events. When I first tweeted about this, some said say “now is not the time.” But, that too says a lot. Because the things I’ve spoken of happen all the time. They happen daily.  They happen regardless of innocence or guilt. If not now, when?

Even asserting your rights is a matter of privilege. Ask any Black or Brown person who has had an encounter with police. Or in light of overwhelming backlash from the public.

Saying you are asserting your rights in the face of such fear is an act of bravery and courage.

It shouldn’t have to be.

Until police are properly trained and monitored, don’t trust or talk to the police.  And even after that.


LawProfBlawg is an anonymous professor at a top 100 law school. You can see more of his musings hereHe is way funnier on social media, he claims. Please follow him on Twitter (@lawprofblawg). Email him at lawprofblawg@gmail.com.