As the saying goes, “A wise man submits to circumstances.” Even if law enforcement officers act improperly or lack sufficient evidence, it is unwise to engage in direct confrontation with them. What most people do not realize is that by the time police initiate an arrest, they have typically conducted extensive prior investigation. Even if their information is inaccurate, any challenge should be made through legal counsel in court—not during the arrest. Therefore, it is crucial to cooperate with the police during an arrest. Cooperation does not mean relinquishing your rights, but rather avoiding giving officers any justification to use force or lethal means. We have handled numerous cases involving Chinese individuals who were fatally shot by police simply because they failed to follow officers’ instructions.
In the United States, police often treat every individual they encounter as potentially dangerous. This is largely due to the Second Amendment of the U.S. Constitution, which guarantees the right to bear arms. Consequently, police are trained to assume that anyone they approach could be armed and capable of using a firearm. When an officer commands “Freeze,” it is imperative not to make any sudden movements. A person reaching for a driver’s license or proof of insurance may be mistaken for someone reaching for a weapon. If an officer orders you to raise your hands, and instead you place them in your pockets—perhaps intending to retrieve a phone to contact your family—the officer may perceive that action as reaching for a firearm.
Police use of force is typically based on the perception that an individual poses an immediate threat. If officers suspect that someone may be armed and fear for their own lives, they may use deadly force. The legal standard for determining whether an officer was justified in firing a weapon is based on whether the officer reasonably believed there was a threat, not whether a threat actually existed. For example, an officer may say they saw a weapon in a suspect’s hand and reacted accordingly. In some tragic cases, it is later discovered the person was holding a phone, not a gun. Nevertheless, the officer’s actions may still be deemed lawful if their fear for their life was reasonable at the time.
It is also important to understand that American police do not typically fire warning shots. They are trained to use lethal force immediately if they believe a life is in danger. Officers are authorized to shoot either to protect themselves or others from imminent harm.
For instance, in one case, a mother called 911 reporting that her son was having a mental breakdown and chasing her with a knife. When officers arrived, they saw the son actively pursuing his mother with a weapon and opened fire, discharging over twenty rounds and fatally wounding him. After the incident, the distraught, blood-covered mother sought my assistance. I immediately consulted with two retired officers and a crime scene reconstruction expert. Upon reviewing the 911 call and circumstances, it was clear that the son was attempting to harm his mother, and the police intervention—though tragic—was likely necessary to prevent a greater loss of life.
In summary, police typically discharge their weapons only under exceptional and urgent circumstances. The best way for civilians to protect themselves during police encounters is to prioritize personal safety and follow instructions without resistance.
When facing arrest:
Do not resist – Save your defense for the courtroom.
Do not speak unnecessarily – The more you say, the more likely you are to make a mistake. Say less, or better yet, say nothing at all.
Do not waive your rights – Exercise your Miranda rights, including the right to remain silent and to consult with an attorney.