Living, studying, or visiting temporarily in the United States, one may come into contact with various law enforcement personnel. The national conditions and judicial systems of China and the United States are different, leading to significant disparities in law enforcement philosophies. Law enforcement officers in the United States are highly aware of prevention and self-protection when performing their duties.
So, how should one interact with law enforcement officers in the United States?
The Consulate General in Los Angeles reminds Chinese citizens: Be aware of and comply with local laws and regulations, learn how to interact with relevant law enforcement personnel, remain calm, respect and be polite to law enforcement officers, cooperate with law enforcement while remembering that regardless of any wrongdoing or whether you are a witness or a suspect, you have the right to remain silent and consult with an attorney, and to legally protect your rights with reason and evidence.
I. Types of Law Enforcement Officers in the United States
The primary responsibility of law enforcement officers in the United States is to maintain public order and ensure public safety. There are many types of law enforcement personnel in the United States with different divisions of labor, primarily categorized into three types:
The first category is federal law enforcement agencies, responsible for interstate law enforcement or multinational law enforcement cooperation, including: Federal Bureau of Investigation (FBI), Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), Transportation Security Administration (TSA), Drug Enforcement Administration (DEA), etc. These federal law enforcement officers typically refer to themselves as Agents.
The second category of law enforcement officers consists of state police, primarily responsible for the security of state government departments and the safety of state highways. In California, state police are known as the California Highway Patrol (CHP). State police usually refer to themselves as Officers.
The third category of law enforcement personnel consists of local police officers encountered in daily life. Larger cities typically have police departments, such as in the City of Los Angeles and the City of Monterey Park; police officers hold titles such as Officer or Corporal. Many smaller cities do not have dedicated police departments, and law enforcement is handled by the county sheriff's office, where officers are referred to as Deputies. For instance, Los Angeles County has 88 cities, 47 of which have city police departments, while the others are policed by the county sheriff's office. In addition to maintaining public order, the county sheriff's office is also responsible for investigating homicides, emergency assistance, prison, court security, etc.
Following a preliminary investigation by state or local police, if criminal activity is suspected, the case is usually referred to another group of law enforcement officers (Detectives) for further investigation. They are generally promoted from patrol officers but do not wear police uniforms.
II. Encountering Obstacles at Immigration Control
At border entry points, customs and border protection personnel will check the identification documents and U.S. visa of the entrants, scan the fingerprints of the entrants, take photographs, and review the reasons for entry into the U.S. to determine whether to allow entry and the duration of stay. If customs personnel suspect the purpose of entry or the documents, the individual may be taken to a secondary inspection area for further questioning. Customs personnel may sometimes check students' student IDs, transcripts, and other materials.
● While waiting in line for immigration processing, be sure to maintain silence and avoid actions that may raise doubts among law enforcement personnel, such as using a mobile phone, looking around excessively, or frequently changing lines.
● Pay attention to cooperate with inspections as required by customs personnel, present relevant documents, and answer inquiries truthfully. If you do not speak English, you may prepare a simple note: "I speak Chinese only. Please help me with an interpreter—我只讲中文，请提供翻译帮助)."
● If detained for questioning, ensure that the translation service can accurately and fully convey the intentions of both parties. If in doubt, raise your objection on the spot and request a different translator.
● After questioning, if asked to sign a record of the inquiry or other documents, make sure to read them carefully and only sign after confirming that the content is accurate. If there are any doubts, address them immediately.
● A U.S. visa only indicates that the holder is allowed to enter U.S. ports and seek admission; it does not guarantee entry into the United States. Holders of U.S. visas may also be denied entry due to suspicions of false information, potential unlawful presence, or illegal employment, among other reasons. Until granted entry, one has not yet entered U.S. territory, thus typically lacks the right to contact an attorney or the consulate in the United States if entry is obstructed.
● By law, border enforcement personnel have the right to inspect the nationality, purpose of entry, and belongings (including luggage, electronic devices, and stored file contents) of all entrants without a prior warrant.
III. Traffic Stops
Traffic violations leading to stops are the most common scenarios for interacting with law enforcement personnel. When a driver sees a police car following with flashing lights or hears the siren, they must pull over to the right side of the road as soon as possible and stop in a safe area to await inspection.
● Do not exit the vehicle on your own; instead, roll down the window, place your hands on the steering wheel, and wait for the officer to approach and inquire. Do not remove your hands from the steering wheel without the officer's consent to avoid being perceived as reaching for a weapon.
● Follow the officer's instructions and present your driver's license, vehicle registration, insurance documents, etc.
● Answer the officer's questions truthfully.
● If the officer issues a Notice to Appear, it is advisable to sign it. Signing indicates agreement to appear in court to address the fine but does not constitute an admission of guilt. Refusal to sign may result in arrest for obstructing justice.
● Regardless of whether you subsequently receive notice from the court, you must not ignore the notice to appear; you should personally or through an authorized representative inquire at the court in advance and appear in a timely manner. Failure to do so may lead to a contempt of court charge and lead to being wanted. It is advisable to hire an attorney for assistance. If unable to afford an attorney, you may request the court to appoint one. Note that many courts do not send a follow-up notification for a hearing, and police may fail to timely submit documents to the court, so you must actively check via the court’s website or call for inquiries.
● If you dispute the content of the citation issued by the officer, you should retain relevant evidence for future arguments in court and avoid debating or arguing with the officer on the spot, as this could lead to charges of assaulting an officer.
● Do not attempt to ingratiate yourself with the officer, and do not offer bribes to seek leniency.
IV. Interrogation by Police
The law protects individuals' rights not to provide testimony that may be self-incriminating. When questioned by law enforcement, you have the right to remain silent and consult with an attorney, but you must not lie to law enforcement officials or provide false evidence or testimony. Deceiving law enforcement is a serious felony.
● First, clarify the purpose of the police questioning to determine whether you are a subject of the investigation or if you are assisting in the case. If you are a suspected subject, it is best not to answer. If you are a witness, you may choose to answer or to remain silent.
● When undergoing police questioning, you have the right to request your attorney to be present. In the absence of your attorney, you can exercise your right to remain silent as granted by U.S. law.
● Remember, your statements may be used as evidence in court. Police typically will not provide you with a record afterwards, nor will they let you sign it for confirmation before questioning you. It is advisable to consult an attorney beforehand or have an attorney communicate with the police on your behalf.
V. Police Searches
The law protects the public's residences from illegal searches. Police searches typically occur in two situations: first, when the individual consents to the search, but the individual can refuse the police request; second, when police perform a search after obtaining a warrant from a judge, at which point the individual cannot refuse and must cooperate. Additionally, if there is sufficient evidence or suspicion that you are involved in a felony and evidence may be destroyed (for instance, if you are carrying prohibited items, dangerous goods, or if the vehicle is being used for illegal activities), police may search based on the law without a prior warrant and you should comply.
● When police conduct a search at your residence, they will typically present a search warrant issued by the court listing the subjects of the search, the time, location, and scope, etc. Some search warrants only permit searching the individual's personal room.
● During the search, you may not obstruct the search, nor should you move around arbitrarily, but rather should wait in a secure location.
● After the search, if items are taken as evidence, police will usually provide a list of the items to the individual; please keep it safe. If not provided, the individual has the right to request it.
● A police search warrant signifies that a criminal case has been opened, and they may apply for an arrest warrant after organizing newly obtained evidence or testimony. The individual should promptly hire an attorney to understand and follow up on the case, as well as track the whereabouts of seized items.
VI. Police Arrests
The law strictly protects law enforcement officers' safety, allowing them to use reasonable force and deadly weapons during enforcement if their lives are threatened.
● Remain calm, and avoid any extreme language or actions. Keep your hands in a visible position. Even if you do not intend to harm the police, do not engage in any physical contact or confrontations with the police, or any actions that may be misinterpreted as aggressive or dangerous by the police.
● You have the right to ask for the reason for your arrest.
● Remember the name and badge number displayed on the police officer's uniform.
● If injured during an arrest, request treatment from the police and ask a doctor to thoroughly document your injuries.
● During detention, you have the right to request to meet with an attorney for legal support.
● The U.S.-China Consular Convention stipulates that when a national of the sending state is arrested or detained in any form, the receiving country's authorities must promptly notify the consulate of the sending state within four days of the arrest or detention. If difficulties in communication delay notifying the sending state’s consulate within four days, notification should still be made as soon as possible. Upon the request of consular officials, the reasons for the arrest or type of detention of the individual must be disclosed.
VII. Attending Court Hearings
California Penal Code defines the following actions (including but not limited to) as contempt of court: ignoring warnings, creating disturbances; recording audio or video without permission; disrupting court proceedings, damaging court facilities, and intentionally disobeying court orders; refusing to testify or answer substantial questions without meeting legal exception conditions; making false or inaccurate statements regarding court proceedings, among others.
● When entering the courtroom, you should dress appropriately, not wear hats, and refrain from using mobile phones. Taking photos in court requires the judge’s consent.
● Those attending court should actively comply with court order and follow the instructions of the judge and court bailiffs.
● For criminal cases, if the parties cannot afford an attorney, the court will appoint a public defender.
● The court will appoint a Chinese interpreter upon request from parties in criminal cases but is not obligated to provide translation for civil cases; the parties should resolve that themselves.
VIII. Reporting Emergencies and Seeking Help
● In emergencies threatening life or property safety, such as fire, serious accidents, or sudden illnesses, or when encountering dangerous criminal behaviors such as shootings or robberies, call 911 or the local police department immediately for help.
● If your English is limited, repeatedly mention "Chinese" to prompt the operator to find someone who speaks Chinese to take the call.
● Provide as accurate information as possible about the location of the incident, the situation on-site, and the level of urgency when seeking assistance so that police can make quick and accurate judgments.
● For non-emergency situations, such as property loss or vehicle theft, do not call 911; instead, use other contact methods provided by local police according to the situation to report the crime.
IX. Filing Complaints and Lawsuits
If you believe that law enforcement has acted unfairly, abused their power, improperly used force, or suspected discrimination, you can file a complaint against the enforcing department or sue the police through legal proceedings to defend your rights.
● When filing a complaint, provide the law enforcement officer's name, badge number, and other identifying information along with details of the incident.
● If there are eyewitnesses, obtain their testimonies or ask them to testify.
● You can file complaints directly in person at the relevant law enforcement agency or through hotlines or emails published by the agency.
● Please be aware of specific law enforcement agencies in your area:
Los Angeles Police Department (LAPD)
Los Angeles County Sheriff's Department (LASD)
Phoenix Police Department (AZPD)
Hawaii Police Department
New Mexico State Police (NMSP)
Guam Police Department
Saipan Department of Public Safety
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