Local prosecutors shouldn’t trust the reports of officers with prior misconduct. This helps the interviewer see that you are a motivated and ambitious person who is right for the position. For decades, prosecutors have excused and sometimes perpetuated the systemic problems in our police forces. In most circumstances, you don’t have to stay with the officer or answer their questions. 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. Our system’s integrity depends on it. 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. Accordingly, my office will no longer charge cases that rely solely on uncorroborated reports from officers with prior serious misconduct. Communities need to rethink prosecutors’ roles and demand proactive work to hold the police accountable and protect the public from police abuse. If this is the advice received from a lawyer or legal adviser, they should say ‘I do not wish to answer any questions on the advice of my legal adviser’. 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. Here we describe what the law requires and also offer strategies for handling police encounters. 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. San Francisco’s district attorney, Chesa Boudin, outside his office in January. 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. We know what can happen when prosecutors get too cozy with the police. A police chief is appointed by and answerable to a national or local government, with the main … A person can simply say "no", though police may be able to continue questioning until an affirmative request for a lawyer is made. We’d like to hear what you think about this or any of our articles. 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. Police reform will be more effective and durable with buy-in from prosecutors nationwide. Also, under certain state and federal laws, it's illegal to lie to an officer. 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. 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. Prosecutors should also support the victims of police violence – regardless of whether the police acknowledge them as such. What Will We Do About It? 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. We need to look elsewhere for reform – to local prosecutors. The police answer to us. 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. If prosecutors don’t watch the videos ourselves, we risk being complicit in prosecuting victims of police violence. 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. What’s more, my office expanded our victim services to include victims of police violence. Our system’s integrity depends on it. If you answer at all, your answer should always be “No.” Similarly, if the officer asks, "Do you know how fast you were going?" First and foremost on … We define who is a victim — not the police. In reality invoking the right to … 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. This, however, is not the most appropriate answer for a police officer. This story first appeared July 27 in the Opinion section of the New York Times and is republished with permission. And we must repair the wounds. . In order to fix the problems nationally, prosecutors should aim big, beyond our own agencies. Whether you do answer or not is up to you. The Times is committed to publishing a diversity of letters to the editor. Officers sometimes fabricate such charges against people on whom they used excessive force as a way to cover up their own misdeeds. Defunding the police isn't the answer. In WA, you have a general right to silence, which means you normally do not have to answer questions from police. And we must repair the wounds. Register, vote (y)our interests and continue organizing for power! 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. There are some questions you must answer, for example, your name, address and date of birth. Speaking to the police In general, you have the right not to answer any questions the police ask you. Opinion by Jason C. Johnson and James A. Gagliano. 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. We need to look elsewhere for reform — to local prosecutors. 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. Mr. Boudin is the district attorney of San Francisco. We define who is a victim – not the police. 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. If the police ask further questions, the accused person should repeat ‘I do not want to say anything’. It's defunding. 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. Make sure you tell the person who approves the ride-along that you are a police candidate. In order to fix the problems nationally, prosecutors should aim big, beyond our own agencies. 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. Do not lie to a police officer, but keep your answers to questions brief. 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.

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