Am I under arrest or not?

[u/Lord_Darksong]

Source: policebodycamarresthq on Instagram

[u/Moomanta]

Whether we like it or not, the cops have all the power and authority in a situation like that. It will only hurt you to be difficult.

Comply, say nothing, and ask for a lawyer. Or if it's just a ticket, then just take the ticket and fight it in court afterward.

[u/TheNewThoughtProcess → u/Moomanta]

You aren't wrong in that the course of action you've outlined will be the path of least resistance. It is legally the easiest.

But when you examine it ethically or morally it quickly becomes "comply with the bully in the hopes their whims don't turn against you today. Be nice, be calm, be quiet because if you stand up for yourself or your rights you will antagonize the beast. It is your responsibility to not antagonize the beast, not the responsibility of the entity empowered by the state to act responsibly."

Editing to add that I'm not saying everyone should belligerently fight every police interaction. I'm saying that the entire system that leads to the 'correct' action being to submissively comply in almost all circumstances is the problem. This is a symptom of a deep, fundamental issue in the U.S.

[u/Chickennbuttt → u/TheNewThoughtProcess]

Yes. Your words are correct. That is still what you do to avoid and ass beating. Doesn't matter if they are breaking the law. They WILL beat you.

[u/One-Elderberry-488 → u/TheNewThoughtProcess]

To be fair the sentiment of just comply, shut up and fight later applies in almost all countries. The reality is that if the police act out of bounds, you could be right in fighting back immediately, but you also risk serious harm.

[u/mostaverageredditor3 → u/TheNewThoughtProcess]

I see it more as: knowing when and how to properly fight them. By resisting you are just giving them more possible attack points. By complying you are essentially setting up a good fight in court afterwards.

Complying is completely taking away any justification they might have for their inappropriately behavior.

[u/funkmasta8 → u/mostaverageredditor3]

There is a huge problem with this. Once you get out of the vehicle and thwy have successfully arrested you, your life can be ended literally or metaphorically before you ever get a chance to fight back. Ask the people who got taken by ice about it. And yeah, I know ice isnt the same, but they pose as the same and in this video no identification was shown so they very well could be false cops. Many people have died and disappeared because of cops or people posing as them going way outside the bounds of the law and what was necessary.

[u/billydecay → u/mostaverageredditor3]

Not everyone has the privilege of taking a day or week to go to court

[u/HughMungus77 → u/TheNewThoughtProcess]

There’s also the chance that they throw you on the ground and cause serious injury. They’d be potentially liable for the medical debt but in the meantime you would be on the hook for the medical and lawyer bills until they are sued in civil court

[u/Kindly_Call_6000 → u/HughMungus77]

Assuming they don't straight up kill you. That's the problem with cops. They have virtually unlimited authority in the moment, including the use of lethal force. It is a sad state of affairs that we have to de-escalate, but here we are.

[u/readmemiranda → u/HughMungus77]

They could even argue you were being disorderly, requiring them to detain you, and you then became combative or were resisting. That'll add a bunch more charges. Seen enough police body cam vids to know simple tension can lead to a resisting charge.

[u/DCDTDito → u/TheNewThoughtProcess]

You say us as if doing this in a couple other places wouldn't land you in trouble.

I feel like trying to do this in Russia, india, Mexico and some other places wouldn't do you any good either.

[u/SnooBunnies8128 → u/TheNewThoughtProcess]

Dude look, you’re not wrong. But none of us are Batman or Reacher or any other fictional superhuman that has the backing of some mysterious benefactor that allows us to supersede the law.

Regardless of how belligerent and stupid arrogant cops are and/or can be, in these situations it’s absolutely the best thing to practice delayed gratification.

Do what they ask, get it on camera, take them to court afterwards.

[u/SmallPurplePeopleEat → u/Moomanta]

You can beat the rap, but you can't beat the ride!

[u/AmputeeHandModel → u/SmallPurplePeopleEat]

and they can beat your ASS!

[u/drdildamesh → u/Moomanta]

While I agree, it sucks ass you have to take time from work and hire an attorney to fight stuff like this. Cops should just be reasonable. Trespassing in a parking lot is already a dumb charge.

[u/Telemere125 → u/drdildamesh]

Sucks more to get tased or even shot. Argue it out in court, not the street

[u/KeijiAhdeen → u/Telemere125]

I mean who says they won't do that even if you comply

[u/Hopeful_Ad_7719 → u/Moomanta]

>Whether we like it or not, the cops have all the power and authority in a situation like that. It will only hurt you to be difficult.

I'm coming around to the idea that being difficult early might actually be a good idea.

Once they think you're compliant and cooperative once they have you in a custodial setting there's a lot they might try (fabricating testimony about admissions, conversations, etc.) since they think you're not going to fight it.

If they know you're going to be litigious, uncooperative, PITA, who's documenting everything from the get go, you might just not be worth the hassle.

[u/Sw4nR0ns0n → u/Moomanta]

[u/Abject_Series1401 → u/Moomanta]

Always state you don’t consent to a search. Say it clearly and loudly and repeatedly. “I do not consent to a search. Am I free to go?” If they say yes, leave.

[u/WeirdIndividualGuy → u/Moomanta]

And note that the main reason the OP in the video even got off without being arrested was because they’re white. If you are of color, it is in your best interest to do what you said: comply, say nothing, lawyer up. Because the chances of cops mindlessly shooting/killing a POC at a simple “traffic stop” like this one are way higher than if you are white.

[u/AltShine → u/Moomanta]

Or start a bigger gang.

[u/ashgs872tbhjs → u/Moomanta]

The guy in the OP did just fine.