In the report “Policing Operations from the Perspective of New York City Police Department as Seen by Citizens (Part I),” we gained insights into the criteria for reporting incidents, the standard procedure for responding to calls, the high-tech crime prevention platforms, the role of body-worn cameras, and how to obtain official documentation after making a report. In this article, we will shift to a first-person perspective to analyze how individuals should cooperate and respond rationally with law enforcement or when being approached by law enforcement, as well as important considerations to keep in mind.
Many citizens come into close contact with the police through reporting incidents or being present at the scene. But if you are not the one reporting the incident, and find yourself as a bystander or someone identified as a suspect, facing the police standing in front of you, what would you think? Would you have similar questions such as:
– Should I answer when the police ask me questions, or can I remain silent?
– Do I have to comply when asked to show identification?
– Under what circumstances may I be asked to undergo a “pat-down” or have my bags checked?
– If I feel the police are not handling the situation properly, how should I address it?
These are questions that every citizen should be aware of.
In Hollywood movies and TV shows, it is often portrayed that when the police come knocking on your door, it signifies a serious situation. However, in real policing operations, interactions between the police and citizens are quite common. It’s just that these interactions vary in their levels, each representing different consequences.
Police initiates contact with citizens can generally be divided into three situations:
1. General Inquiry: These interactions mainly involve gathering information, rather than enforcement actions against specific individuals. In general, the police will not restrain citizens’ freedom of movement, and individuals can choose whether to continue staying or responding based on their own circumstances.
2. Stop or Investigative Detention: Based on “reasonable suspicion,” the police may conduct a temporary stop or investigative detention of a specific individual to clarify facts directly related to a specific event. During this stage, the police may temporarily limit the individual’s freedom of movement within a reasonable range based on specific investigative purposes. They may ask for identification, or in specific safety scenarios, conduct limited frisks. Citizens should cooperate with the police by following lawful instructions, maintaining on-site control and safety as a priority, to avoid escalating risks by emotional verbal outbursts or sudden actions that could increase officers’ perception of on-site threats.
3. Arrest: Once the police establish “probable cause,” they can lawfully arrest a suspect and officially commence subsequent criminal justice processes, significantly restricting the individual’s freedom.
Understanding these three levels can help you assess your own situation accurately. It is also essential to know what to say and what actions to avoid at such times to prevent exacerbating the situation.
When the police are present, what often determines the course of events is not rushing to proclaim innocence or delve into the truth of the matter, but rather how your words and actions on the scene may affect the police’s perception of escalating enforcement risks.
This point must be noted because in daily scenarios, people tend to focus on assigning blame or evaluating the reasonableness of demands. However, in policing operations, the primary concern for the police is to ensure safety and control, rather than making value judgments. While you may think you are behaving as usual, some actions that could seem innocuous to you may be perceived differently by the police and factored into their risk assessment.
In policing operations, the police continuously assess individual behaviors for potential risks. Emotional reactions, inconsistent behaviors, or sudden actions without prior explanation may be considered in their risk assessment. In such situations, it does not necessarily mean the police are being unreasonable or overly aggressive but rather prioritizing risk mitigation over clarifying the situation.
For citizens, the most practical approach at such times is to de-escalate the situation on the spot before addressing the problem further. “De-escalation” means letting the police know that you are communicative and predictable. For example, speaking at a moderate pace, providing clear responses to inquiries, avoiding strange or suspicious gestures, all contribute to maintaining stability at the scene.
At the same time, do not attempt to convince the police to change their judgment on-site. Policing operations are not a debating ground or courtroom, where police can review the comprehensive details of an incident right away. In most cases, they are more concerned about whether the individual in front of them will escalate the situation or necessitate further action.
Many conflicts arise from individuals making conflicting or irrational movements, such as appearing to comply with police requests but then suddenly refusing to cooperate or verbally agreeing but acting differently. This uncertainty often elicits more caution from the police than straightforward refusals.
Once the interaction at the policing scene concludes, it moves into the “post-interaction phase.” For many citizens, it may feel like the incident has ended, but questions linger in mind: without any evidence in hand, what exactly happened a moment ago? Is the matter truly concluded?
Generally, there are three possibilities for the aftermath of police intervention:
1. The police determine that the incident does not meet the threshold for violation or a criminal case. In such instances, the police will not establish an official record or provide a case number or report for citizens to inquire about.
2. In some cases, while the incident does not progress to a formal criminal proceeding, relevant information may still be retained within the police’s internal systems. Citizens can inquire about the incident’s status post-interaction and depending on the nature of the case, apply for relevant written replies or documentation. Moreover, based on specific regulations, citizens can inquire if they meet the conditions for accessing law enforcement record images, with the decision to grant access dependent on the case’s circumstances, privacy considerations, and procedural norms.
3. The incident proceeds to a subsequent judicial or administrative process. For example, receiving a summons or having a specific case number assigned. Receiving a summons does not equate to a conviction or an automatic criminal record, but it signifies the need for you to respond within a designated timeframe to an ongoing process. Ignoring this could lead to more severe consequences.
During interactions with the police, if you feel subjected to injustice, the key is not to argue about who is right or wrong but to protect your rights sensibly:
First, at the scene, cooperate with the police and avoid confrontations fueled by emotions. Maintaining a calm demeanor is a way to reduce risks.
Second, note the time, place of the incident, the officers’ station or number, and whether they are wearing body-worn cameras. This objective information can aid in subsequent verification.
Third, after the incident, citizens should request incident records from the NYPD through official channels, inquire if they meet the conditions for reviewing related law enforcement images, or file complaints lawfully.
Lastly, if you believe your rights have been affected, seek redress through official complaint channels or legal assistance after the interaction to evaluate further actions with professional help.
Practical Tips:
What you do in the initial minutes after the police arrive could heavily influence the situation’s outcome. Pay attention to the following:
1. Avoid misunderstandings. Stand in a visible position, keep your hands visible, and refrain from sudden movements. If you need to retrieve identification or a phone, verbally explain the action beforehand.
2. Confirm the situation. Calmly and clearly confirm with the police the level of interaction, such as whether you need to stay at the scene or if you can leave.
3. Information exchange. Clearly state to the police any facts directly related to the incident, refraining from lengthy narratives or emotional additions that may complicate matters.
For most citizens, face-to-face interactions with the police are rare, but when they happen, they can quickly alter the course of events. Understanding the operational logic of the NYPD on site does not mean surrendering your rights but rather reducing the likelihood of misjudgment and risks in uncertain situations. When the system cannot immediately respond to individual sentiments, calm and predictable behavior is often the key to effectively resolving issues.
Contact NYPD:
New York City Citizen Hotline: 911 (Emergency), 311 (Non-Emergency)
NYPD Website:
[Link to the NYPD website]
Further reading:
New York City Police Department: Policing Operations from the Perspective of Citizens (Part I)