In his book, “Arrest-Proof Yourself,” author Dale Carson provides a “how-to” on staying out of jail, if possible. While the first thought of many of us would be a simple “don’t commit a crime,” it isn’t always that easy.
Carson describes how much of the police function nowadays is revenue generation and that there is a great deal the inner department as well as intra-department rivalry and advancement based upon arrests. Advancement opportunity is also tied to arrests in many ways. The validity of the arrest is not as much of a factor as the volume, according to Carson.
Carson is a former Miami-Dade Police Officer and FBI agent. He is also a defense attorney in Jacksonville, FL, so he knows his subject matter thoroughly.
According to Carson, there are golden rules to his staying out of jail theory.
The first is to be invisible to the police. His rationale is “If police can’t see you, they can’t arrest you.” Ideally, if you are doing something illegal, indoors, in the privacy of your own home, would be the place to conduct it. That isn’t a foolproof protection, but you can’t be profiled on your couch. Profiling is what you are trying to avoid.
He extends that rule to legal activities as well, just because they draw attention. Once you have the attention of the police, anything is possible. He writes that cops love to hassle people who stand out. Let them have their fun with someone else. Be boring and blend in for safety.
He labels cops as visual predators. Carson says that, “Any sudden change in motion, speed, direction or behavior immediately attracts their attention.” Carson says that even if you are doing something you think might attract a cop’s attention, quickly doing something else will attract even more attention. “Don’t alter the pattern, keep on keeping on.” He also advises to avoid going out after dark, when possible.
If you can’t be invisible and the police find you to be an attractive target, they are going to stop you.
Carson says every encounter with police breaks down to two types of contests: one for “psychological dominance” and one for “custody of your body.” Carson recommends capitulation on the first in order to achieve victory in the second.
Of course, it’s belittling and insulting to submit to a cop’s interview, but much less so than going to jail. If the objective is staying out of jail, it’s what he recommends.
In order to win the psychological battle, one must be honest, polite, respectful and slow to anger. Carson writes that if they poke you in the chest or use racial slurs, don’t react. “If you react, you’ll get busted.”
He recommends making eye contact, but not smiling. “Cops don’ like smiles,” Carson says. And always tell the truth.
He encourages people to remain dignified unless and until it becomes obvious that you are about to go to jail, then he recommends crying, urinating or defecating on oneself, or even vomiting onto your own clothes as a means to discourage police from wanting to have your offensive company for the next few hours and your unpleasant smell in their cruiser.
He also suggests requesting that you be issued a notice to appear rather than arrested. You are still obligated to appear before a judge, but you aren’t arrested on the spot. Ask on a basis of not being a hardened criminal and the damage being arrested could do to your employment, education and family.
He also has a “don’t do” list, which is composed of some reasonable appearing things that could have the effect of drawing attention and getting you arrested.
In a vehicle, sudden changes, such a hitting your brakes hard enough to make the front end dip, driving perfectly or too slow, or slouched will attract attention and may get you into a conversation with a guy wearying a badge.
A heavily loaded vehicle that rides low or a group of males in a car also attracts the cop’s interest. He recommends in instances such as a group setting, having someone visibly wear their explanation, as in a hardhat if you are going to or from work, so that an officer will have an assumption of your purpose.
And he says, while always following the rules of a traffic stop, keeping your hands visible, providing paperwork and being cooperative, never allow them to search your vehicle. He is emphatic that you should always politely say no.
Carson’s advice has little to do with what is right and what is wrong as it applies to guilt or innocence or to the legitimacy of the police action. He is describing the best methods to stay out of jail, regardless of the situation, based upon his experience.
You can always complain about what they did to you once you get home. The difference is whether or not you make a stop in the pokey along the way.
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