Stop or I Will Be Forced to Say Stop Again
Being stopped by police force is a stressful experience that can go bad quickly. Here we depict what the law requires and likewise offer strategies for handling police force encounters. We desire to be clear: The burden of de-escalation does not autumn on private citizens — it falls on police officers. However, you cannot assume officers will behave in a way that protects your condom or that they will respect your rights even after you assert them. You may exist able to reduce risk to yourself past staying calm and not exhibiting hostility toward the officers. The truth is that there are situations where people have done everything they could to put an officer at ease, yet still ended up injured or killed.
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I've been stopped past the police in public
Your rights
- You have the right to remain silent. For case, you practice non have to answer any questions about where you are going, where yous are traveling from, what you are doing, or where you live. If you lot wish to exercise your right to remain silent, say so out loud. (In some states, you lot may be required to provide your name if asked to identify yourself, and an officer may arrest you for refusing to practice so.)
- You practice not have to consent to a search of yourself or your belongings, simply constabulary may pat down your clothing if they suspect a weapon. Annotation that refusing consent may not stop the officer from carrying out the search confronting your volition, but making a timely objection before or during the search can help preserve your rights in any later legal proceeding.
- If you are arrested past police, you accept the right to a government-appointed lawyer if y'all cannot afford one.
- You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports too as for individuals on certain nonimmigrant visas, including tourists and business travelers. For more specific guidance well-nigh how to deal with clearing-related questions, see our immigrants' rights section.)
How to reduce take a chance to yourself
- Stay calm. Don't run, resist, or obstruct the officers. Practice non lie or requite fake documents. Continue your hands where the police can see them.
What to practise if you are arrested or detained
- Say you wish to remain silent and ask for a lawyer immediately. Don't requite any explanations or excuses. Don't say anything, sign anything, or make whatsoever decisions without a lawyer.
- If yous have been arrested by law, you have the right to make a local telephone call. The police cannot mind if you call a lawyer. They can and often do listen if you telephone call anyone else.
If you believe your rights were violated
- Write down everything yous remember, including officers' badges and patrol machine numbers, which bureau the officers were from, and whatsoever other details. Get contact information for witnesses.
- If y'all're injured, seek medical attention immediately and take photographs of your injuries.
- File a written complaint with the bureau'southward internal affairs division or civilian complaint board. In most cases, you tin file a complaint anonymously if you wish.
What you can practice if you recollect you're witnessing police abuse or brutality
- Stand at a rubber altitude and, if possible, use your telephone to record video of what is happening. As long as y'all do non interfere with what the officers are doing and do non stand close plenty to obstruct their movements, yous take the right to observe and tape events that are plain visible in public spaces.
- Do not try to hide the fact that you are recording. Police officers exercise not accept a reasonable expectation of privacy when performing their jobs, merely the people they are interacting with may have privacy rights that would crave you to notify them of the recording. In many states (see here) you must affirmatively make people aware that you are recording them.
- Constabulary officers may not confiscate or demand to view your photographs or video without a warrant, and they may not delete your photographs or video under whatsoever circumstances. If an officer orders you to finish recording or orders you to hand over your phone, you should politely but firmly tell the officer that you do non consent to doing so, and remind the officeholder that taking photographs or video is your right under the First Amendment. Exist aware that some officers may arrest you for refusing to comply even though their orders are illegal. The arrest would be unlawful, but yous will need to counterbalance the personal risks of arrest (including the risk that officer may search you upon arrest) confronting the value of continuing to tape.
- Whether or not y'all are able to record everything, make sure to write down everything you remember, including officers' bluecoat and patrol car numbers, which bureau the officers were from, how many officers were present and what their names were, any utilise of weapons (including less-lethal weapons such as Tasers or batons), and any injuries suffered by the person stopped. If you are able to speak to the person stopped by police afterwards the police get out, they may find your contact data helpful in case they make up one's mind to file a complaint or pursue a lawsuit against the officers.
Additional resource
If y'all demand more information, contact your local ACLU affiliate.
I've been pulled over by the police
Your rights
- Both drivers and passengers have the right to remain silent.
- If you're a passenger, you can inquire if you're free to leave. If yes, you may silently leave.
How to reduce run a risk to yourself
- Stop the auto in a safe place every bit quickly equally possible.
- Turn off the car, turn on the internal light, open the window role mode, and place your easily on the wheel. If you lot're in the passenger seat, put your easily on the dashboard.
- Upon request, show police your commuter's license, registration, and proof of insurance.
- Avert making sudden movements, and proceed your hands where the officeholder tin can see them.
What to do if yous are arrested or detained
- Say yous wish to remain silent and inquire for a lawyer immediately. Don't give any explanations or excuses. Don't say anything, sign anything, or brand whatever decisions without a lawyer.
- If yous have been arrested by law, you have the correct to make a local phone telephone call. The police cannot listen if you telephone call a lawyer. They tin can and oftentimes will listen to a telephone call made to anyone else.
If yous believe your rights were violated
- Write downward everything you remember, including officers' badges and patrol machine numbers, which agency the officers were from, and whatsoever other details. Go contact information for witnesses.
- If you lot're injured, seek medical attention immediately and have photographs of your injuries.
- File a written complaint with the bureau'south internal affairs sectionalization or noncombatant complaint board. In nigh cases, you can file a complaint anonymously if you wish.
What you lot can do if yous remember you're witnessing police abuse or brutality
- Stand up at a prophylactic distance and, if possible, use your phone to record video of what is happening. As long as you practice not interfere with what the officers are doing and do not stand close enough to obstruct their movements, you lot accept the right to find and tape events that are plainly visible in public spaces.
- Practise not attempt to hide the fact that yous are recording. Police officers do not take a reasonable expectation of privacy when performing their jobs, but the people they are interacting with may have privacy rights that would crave you to notify them of the recording. In many states (run across here) you lot must affirmatively make people aware that you are recording them.
- Police officers may not confiscate or demand to view your photographs or video without a warrant, and they may not delete your photographs or video under whatsoever circumstances. If an officeholder orders you to stop recording or orders you lot to manus over your telephone, you should politely just firmly tell the officer that you practise not consent to doing and so, and remind the officer that taking photographs or video is your right nether the First Amendment. Be aware that some officers may arrest you for refusing to comply even though their orders are illegal. The arrest would exist unlawful, but you will need to weigh the personal risks of arrest (including the run a risk that officer may search you upon arrest) confronting the value of standing to tape.
- Whether or not you are able to record everything, make sure to write downwards everything you remember, including officers' badge and patrol car numbers, which agency the officers were from, how many officers were present and what their names were, any use of weapons (including less-lethal weapons such as Tasers or batons), and whatever injuries suffered by the person stopped. If you are able to speak to the person stopped by police later on the police leave, they may detect your contact information helpful in example they decide to file a complaint or pursue a lawsuit confronting the officers.
Additional resources
If yous need more information, contact your local ACLU affiliate.
The police are at my door
Your rights and how to reduce hazard to yourself
- You lot should not invite the officer into your business firm. Talk with the officers through the door and inquire them to show you identification. You practise not have to let them in unless they can show you a warrant signed by a judicial officeholder that lists your address as a place to be searched or that has your name on it equally the subject of an arrest warrant .
- Ask the officer to sideslip the warrant under the door or concord it up to the window and then you can read information technology. A search warrant allows police to enter the address listed on the warrant, but officers can but search the areas and for the items listed. An arrest warrant has the name of the person to be arrested.
- Fifty-fifty if officers have a warrant, you have the right to remain silent. Yous should not answer questions or speak to the officers while they are in your business firm conducting their search. Stand silently and discover what they do, where they go, and what they have. Write down everything you observed as soon every bit you can.
When your rights have been violated
- Write downward everything y'all remember, including officers' badge and patrol auto numbers, which agency the officers were from, and any other details. Get contact information for witnesses.
- File a written complaint with the agency's internal diplomacy division or civilian complaint board. In virtually cases, you tin file a complaint anonymously if you wish.
How to exist a responsible bystander
- If you are a guest inside the house and end up answering the door, y'all should make clear to the law that you are a guest and exercise not have the authority to let them inside without the homeowner'south permission.
Additional resources
If you need more data, contact your local ACLU affiliate.
I've been arrested by the police
How to set up for possible arrest
- Fix yourself and your family in case you are arrested. Memorize the telephone numbers of your family and your lawyer. Brand emergency plans if you have children or accept medication.
Your rights
- Say you wish to remain silent and ask for a lawyer immediately. Don't answer any questions or give whatsoever explanations or excuses. If you lot can't pay for a lawyer, yous have the right to a free one. Don't say anything, sign anything or make whatsoever decisions without a lawyer.
- You have the right to brand a local phone call. The police cannot listen if you call a lawyer. They can and often will listen to a call made to anyone else.
How to reduce risk to yourself
- Do not resist abort, even if you believe the arrest is unfair. Follow the officers' commands.
When your rights have been violated
- Write down everything you lot remember, including officers' badge and patrol car numbers, which bureau the officers were from, and any other details. Get contact information for witnesses.
- File a written complaint with the agency's internal affairs division or civilian complaint lath. In most cases, you can file a complaint anonymously if you wish.
What you can do if you think you lot're witnessing constabulary corruption or brutality
- Stand at a prophylactic distance and, if possible, use your phone to record video of what is happening. As long as you do not interfere with what the officers are doing and do not stand up shut enough to obstruct their movements, you have the correct to observe and tape events that are plainly visible in public spaces.
- Do non endeavor to hide the fact that yous are recording. Constabulary officers practise not accept a reasonable expectation of privacy when performing their jobs, but the people they are interacting with may have privacy rights that would require y'all to notify them of the recording. In many states (see hither) y'all must affirmatively make people aware that you are recording them.
- Police officers may not confiscate or demand to view your photographs or video without a warrant, and they may not delete your photographs or video nether any circumstances. If an officeholder orders you to stop recording or orders you lot to mitt over your phone, yous should politely but firmly tell the officer that you practise non consent to doing then, and remind the officeholder that taking photographs or video is your correct nether the First Amendment. Be aware that some officers may arrest you for refusing to comply fifty-fifty though their orders are illegal. The arrest would be unlawful, simply you lot will need to weigh the personal risks of arrest (including the risk that officer may search yous upon abort) against the value of standing to record.
- Whether or not you are able to record everything, make certain to write down everything you remember, including officers' badge and patrol auto numbers, which agency the officers were from, how many officers were present and what their names were, whatever employ of weapons (including less-lethal weapons such equally Tasers or batons), and any injuries suffered by the person stopped. If you are able to speak to the person stopped past police later the police get out, they may notice your contact information helpful in case they decide to file a complaint or pursue a lawsuit against the officers.
Additional resource
If you need more than information, contact your local ACLU affiliate.
The police violated my rights
- When you can, write down everything you remember, including the officers' badge and patrol machine numbers and the agency they work for.
- Become contact information for witnesses.
- If you lot're injured, seek medical attention immediately and accept photographs of your injuries.
- File a written complaint with the bureau's internal affairs division or civilian complaint board.
Boosted resources
If yous demand more than information, contact your local ACLU affiliate.
Source: https://www.aclu.org/know-your-rights/stopped-by-police/
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