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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. Donít 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, donít run. Donít touch any police officer -- it can be considered an assault.
7. Unless you believe your life is in danger, donít resist even if you are innocent.
8. Be careful complaining on the scene or telling the police theyíre wrong or that youíre 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 officersí 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 departmentís 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 officerís questions, but you must show your driverís license and registration when stopped in a car. In other situations, you canít legally be arrested for refusing to identify yourself to a police officer. It is a felony to lie to an FBI agent.
18. You donít 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 Ė you can and will be arrested for it.

IF YOU ARE STOPPED FOR QUESTIONING
1. Itís not a crime to refuse to answer questions, but refusing to answer can make the police suspicious about you. You canít 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. Donít physically resist, but make it clear that you donít consent to any further search.
3. Ask if you are under arrest. If you are, you have a right to know why.
4. Donít 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 driverís 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 youíre given a ticket, you should sign it; otherwise you can be arrested. You can always fight the case in court later.
3. If youíre suspected of drugged or drunk driving (DWI) and refuse to take a blood, urine or breath test, your driverís 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. Donít 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 canít pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer can be contacted. Donít 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 donít 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 Ė especially in our relationships with the police. Everyone, including minors, has the right to courteous and respectful police treatment. If your rights are violated, donít 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.