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What To Do If You're
Stopped By The Police |
1. Be polite and act respectful. Never bad-mouth a police
officer, it'll get you stomped.
2. Stay calm and in control of your words, body language and
emotions. Don't fidget.
3. Don’t get into an argument with the police.
4. Remember, anything you say or do can be used against you.
5. Keep your hands where the police can see them.
6. Unless you believe your life is in danger, don’t run. Don’t
touch any police officer -- it can be considered an assault.
7. Unless you believe your life is in danger, don’t resist
even if you are innocent.
8. Be careful complaining on the scene or telling the police
they’re wrong or that you’re going to file a complaint. Just
file the complaint.
9. Do not make any statements regarding the incident.
10. Ask for a lawyer immediately upon your arrest.
11. Remember officers’ badge & patrol car numbers.
12. Write down everything you remember ASAP.
13. Try to find witnesses. Get their names & phone numbers.
14. If you are injured, take photographs of the injuries as
soon as possible, preferably in the emergency room.
15. If you feel your rights have been violated, file a written
complaint with police department’s internal affairs division
or civilian complaint board.
16. What you say to the police is always important. What you
say will probably be used against you in court, and it can
give the police an excuse to arrest you, especially if you
swear at or threaten a police officer.
17. You do not have to answer a police officer’s questions,
but you must show your driver’s license and registration when
stopped in a car. In other situations, you can’t legally be
arrested for refusing to identify yourself to a police
officer. It is a felony to lie to an FBI agent.
18. You don’t have to consent to any search of yourself, your
car or your house. If you DO consent to a search, it can
affect your rights later in court. If the police say they have
a search warrant, ASK TO SEE IT even if their foot is on your
neck.
19. Do not interfere with, or obstruct the police – you can
and will be arrested for it.
IF YOU ARE STOPPED FOR
QUESTIONING
1. It’s not a crime to refuse to answer questions, but
refusing to answer can make the police suspicious about you.
You can’t be arrested merely for refusing to identify yourself
on the street.
2. Police have the power to legally "pat-down" your clothing
if they suspect a concealed weapon. Don’t physically resist,
but make it clear that you don’t consent to any further
search.
3. Ask if you are under arrest. If you are, you have a right
to know why.
4. Don’t bad-mouth the police officer or run away, even if you
believe what is happening is unreasonable. That could lead to
your arrest on felony "fleeing and evading" charges.
IF YOU'RE STOPPED IN
YOUR CAR
1. Upon request, show them your driver’s license,
registration, and proof of insurance. In certain cases, your
car can be searched without a warrant as long as the police
have probable cause. To protect yourself later, you should
make it clear that you do not consent to a search. It is not
lawful for police to arrest you simply for refusing to consent
to a search.
2. If you’re given a ticket, you should sign it; otherwise you
can be arrested. You can always fight the case in court later.
3. If you’re suspected of drugged or drunk driving (DWI) and
refuse to take a blood, urine or breath test, your driver’s
license may be suspended.
IF YOU'RE ARRESTED OR
TAKEN TO A POLICE STATION
1. You have the right to remain silent and to talk to a lawyer
before you talk to the police. Tell the police nothing except
your name and address. Don’t give any explanations, excuses or
stories. You can make your defense later, in court, based on
what you and your lawyer decide is best.
2. Ask to see a lawyer immediately. If you can’t pay for a
lawyer, you have a right to a free one, and should ask the
police how the lawyer can be contacted. Don’t say anything
without a lawyer.
3. Within a reasonable time after your arrest, or booking, you
have the right to make a local phone call: to a lawyer, bail
bondsman, a relative or any other person. The police may not
listen to the call to the lawyer.
IN YOUR HOME
1. If the police knock and ask to enter your home, you don’t
have to admit them unless they have a warrant signed by a
judge.
2. However, in some emergency situations (like when a person
is screaming for help inside, or when the police are chasing
someone) officers are allowed to enter and search your home
without a warrant.
3. If you are arrested, the police can search you and the area
close by. If you are in a building, "close by" usually means
just the room you are in. We all recognize the need for
effective law enforcement, but we should also understand our
own rights and responsibilities – especially in our
relationships with the police. Everyone, including minors, has
the right to courteous and respectful police treatment. If
your rights are violated, don’t try to deal with the situation
at the scene. You can discuss the matter with an attorney
afterwards, or file a complaint with the Internal Affairs or
Civilian Complaint Board.
Adapted from a card produced by the American Civil Liberties
Union. |
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