To
fight police abuse effectively you need to know your
rights. There are some things you should do, some things
you must do and some things you cannot do. If you are in
the middle of a police encounter, you need a handy and
quick reference to remind you what your rights and
obligations are.
Think carefully about your words,
movement, body language, and emotions.
Don't get into an argument with the police.
Remember, anything you say or do can be used
against you.
Keep your hands where the police can see them.
Don't run. Don't touch any police officer.
Don't resist even if you believe you are innocent.
Don't complain on the scene or tell the police
they're wrong or that you're going to file a complaint.
Do not make any statements regarding the incident.
Ask for a lawyer immediately upon your arrest.
Remember officers' badge and patrol car
numbers.
Write down everything you remember ASAP.
Try to find witnesses and their names and phone
numbers.
If you are injured, take photographs of the injuries
as soon as possible, but make sure you seek medical
attention first.
If you feel your rights have been violated, file a
written complaint with police department's internal
affairs division or civilian complaint board.
1. What you say to the police is always important.
What you say can be used against you, and it can give
the police an excuse to arrest you, especially if you
bad-mouth a police officer.
2. You must show your driver's license and
registration when stopped in a car. Otherwise, you don't
have to answer any questions if you are detained or
arrested, with one important exception. The police may
ask for your name if you have been properly detained,
and you can be arrested in some states for refusing to
give it. If you reasonably fear that your name is
incriminating, you can claim the right to remain silent,
which may be a defense in case you are arrested anyway.
3. 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.
4. Do not interfere with, or obstruct the police --
you can 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. If you
are asked to identify yourself, see paragraph 2 above.
2. Police may "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.
IF YOU'RE STOPPED IN YOUR CAR/BIKE
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 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.
4. Sometimes you can be released without bail, or
have bail lowered. Have your lawyer ask the judge about
this possibility. You must be taken before the judge on
the next court day after arrest.
5. Do not make any decisions in your case until you
have talked with a 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.