Stop or I Will Be Forced to Say Stop Again
Existence stopped by constabulary is a stressful experience that can go bad apace. Here nosotros depict what the police force requires and also offer strategies for handling police encounters. We want to be clear: The brunt of de-escalation does non fall on individual citizens — it falls on police officers. Notwithstanding, you cannot assume officers volition deport in a way that protects your safety or that they will respect your rights even after you assert them. You may be able to reduce hazard to yourself by staying calm and not exhibiting hostility toward the officers. The truth is that there are situations where people accept done everything they could to put an officer at ease, yet however ended up injured or killed.
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I've been stopped by the police in public
Your rights
- You have the right to remain silent. For case, you practise not have to respond any questions about where you are going, where you are traveling from, what you lot are doing, or where you lot live. If you wish to practice your right to remain silent, say so out loud. (In some states, you may be required to provide your name if asked to identify yourself, and an officer may arrest you lot for refusing to do so.)
- You exercise not have to consent to a search of yourself or your property, just police may pat downward your clothing if they suspect a weapon. Note that refusing consent may not stop the officer from carrying out the search against your will, only making a timely objection before or during the search can help preserve your rights in whatever afterward legal proceeding.
- If you are arrested by police, you take the correct to a government-appointed lawyer if y'all cannot afford one.
- You practice not have to answer questions nearly where you were born, whether yous are a U.South. denizen, or how y'all entered the country. (Separate rules employ at international borders and airports every bit well as for individuals on certain nonimmigrant visas, including tourists and business travelers. For more specific guidance about how to deal with immigration-related questions, see our immigrants' rights section.)
How to reduce risk to yourself
- Stay calm. Don't run, resist, or obstruct the officers. Do not lie or give false documents. Keep your hands where the constabulary can see them.
What to do if y'all are arrested or detained
- Say you wish to remain silent and enquire for a lawyer immediately. Don't requite any explanations or excuses. Don't say anything, sign anything, or brand whatever decisions without a lawyer.
- If you have been arrested past police, you accept the correct to make a local phone phone call. The police cannot listen if yous call a lawyer. They tin and oftentimes exercise listen if y'all telephone call anyone else.
If you believe your rights were violated
- Write downward everything you lot remember, including officers' badges and patrol car numbers, which bureau the officers were from, and any other details. Become contact information for witnesses.
- If yous're injured, seek medical attending immediately and take photographs of your injuries.
- File a written complaint with the agency'southward internal affairs segmentation or civilian complaint lath. In virtually cases, you can file a complaint anonymously if you wish.
What you tin can do if you recollect you lot're witnessing police force abuse or brutality
- Stand at a rubber altitude and, if possible, employ 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 up shut enough to obstruct their movements, you have the right to observe and record events that are manifestly visible in public spaces.
- Do not attempt to hide the fact that you are recording. Police officers do not have a reasonable expectation of privacy when performing their jobs, but the people they are interacting with may have privacy rights that would require you to notify them of the recording. In many states (see here) you must affirmatively make people aware that you are recording them.
- Police officers may not confiscate or need to view your photographs or video without a warrant, and they may not delete your photographs or video nether whatsoever circumstances. If an officer orders you to finish recording or orders you to hand over your telephone, you should politely only firmly tell the officer that y'all do not consent to doing and then, and remind the officer that taking photographs or video is your right under the Kickoff Amendment. Exist aware that some officers may abort you for refusing to comply even though their orders are illegal. The abort would be unlawful, only you will need to counterbalance the personal risks of abort (including the risk that officer may search y'all upon arrest) confronting the value of continuing to record.
- Whether or not you are able to record everything, brand sure to write down everything you remember, including officers' badge and patrol car numbers, which agency the officers were from, how many officers were nowadays and what their names were, whatsoever use 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 after the constabulary leave, they may find your contact information helpful in case they decide to file a complaint or pursue a lawsuit confronting the officers.
Additional resources
If yous 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, y'all tin enquire if you're free to leave. If yes, you lot may silently leave.
How to reduce risk to yourself
- Cease the car in a rubber place as speedily as possible.
- Turn off the car, turn on the internal light, open up the window part way, and place your hands on the wheel. If you're in the passenger seat, put your easily on the dashboard.
- Upon request, show police your driver's license, registration, and proof of insurance.
- Avoid making sudden movements, and keep your hands where the officer tin can encounter them.
What to do if you are arrested or detained
- Say yous wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. Don't say anything, sign anything, or make any decisions without a lawyer.
- If yous have been arrested by police force, y'all have the correct to brand a local phone phone call. The law cannot listen if you call a lawyer. They can and frequently will listen to a call made to anyone else.
If you believe your rights were violated
- Write down everything you remember, including officers' badges and patrol machine numbers, which agency the officers were from, and any other details. Get contact information for witnesses.
- If you're injured, seek medical attention immediately and accept photographs of your injuries.
- File a written complaint with the agency'due south internal affairs partition or civilian complaint board. In nigh cases, you can file a complaint anonymously if you wish.
What yous can do if you think you're witnessing constabulary abuse or brutality
- Stand at a condom altitude 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 exercise not stand close enough to obstruct their movements, you have the right to observe and record events that are patently visible in public spaces.
- Do not effort to hide the fact that you are recording. Police officers practice 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 you to notify them of the recording. In many states (see hither) you must affirmatively brand people enlightened that you are recording them.
- Police force officers may not confiscate or need to view your photographs or video without a warrant, and they may not delete your photographs or video under any circumstances. If an officer orders you to stop recording or orders you to hand over your phone, you lot should politely but firmly tell the officeholder that you lot do non consent to doing so, and remind the officer that taking photographs or video is your right under the First Amendment. Be aware that some officers may arrest y'all 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 chance that officer may search you upon arrest) confronting the value of standing to record.
- Whether or not you lot are able to tape everything, make sure to write down everything y'all call up, including officers' badge and patrol car numbers, which agency the officers were from, how many officers were present and what their names were, whatever use of weapons (including less-lethal weapons such every bit Tasers or batons), and whatever injuries suffered past the person stopped. If you are able to speak to the person stopped by law later on the police go out, they may find your contact data helpful in case they decide to file a complaint or pursue a lawsuit against the officers.
Additional resources
If y'all need more than information, contact your local ACLU affiliate.
The constabulary are at my door
Your rights and how to reduce risk to yourself
- Yous should not invite the officer into your house. Talk with the officers through the door and ask them to show you identification. You exercise not have to let them in unless they tin can prove you lot a warrant signed by a judicial officer that lists your accost as a place to exist searched or that has your name on information technology as the subject of an abort warrant .
- Enquire the officer to skid the warrant under the door or hold it upwards to the window and so yous tin can read it. A search warrant allows constabulary to enter the address listed on the warrant, simply officers can only search the areas and for the items listed. An arrest warrant has the proper noun of the person to be arrested.
- Fifty-fifty if officers accept a warrant, you take the right to remain silent. Y'all should non respond questions or speak to the officers while they are in your house conducting their search. Stand up silently and observe what they do, where they go, and what they take. Write down everything yous observed as soon as you can.
When your rights have been violated
- Write down everything you remember, including officers' badge and patrol machine numbers, which agency the officers were from, and any other details. Become contact information for witnesses.
- File a written complaint with the agency's internal affairs partition or civilian complaint board. In about cases, you tin can file a complaint anonymously if yous wish.
How to be a responsible bystander
- If you are a guest within the house and end upwards answering the door, you should make clear to the law that you are a guest and practice not accept the potency to let them within without the homeowner's permission.
Additional resources
If you need more information, contact your local ACLU chapter.
I've been arrested by the police
How to prepare for possible arrest
- Prepare yourself and your family in example you are arrested. Memorize the phone numbers of your family and your lawyer. Brand emergency plans if you have children or take medication.
Your rights
- Say you wish to remain silent and ask for a lawyer immediately. Don't answer whatever questions or give any explanations or excuses. If you can't pay for a lawyer, y'all take the right to a free one. Don't say annihilation, sign anything or make any decisions without a lawyer.
- You take the right to make a local phone call. The police cannot heed if you call a lawyer. They can and often will listen to a telephone call fabricated to anyone else.
How to reduce risk to yourself
- Practice not resist abort, fifty-fifty if you believe the arrest is unfair. Follow the officers' commands.
When your rights have been violated
- Write downwards everything yous remember, including officers' badge and patrol car 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 affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you lot wish.
What you tin practise if yous recall you're witnessing police force abuse or brutality
- Stand at a safe distance and, if possible, use your phone to tape video of what is happening. As long as y'all exercise not interfere with what the officers are doing and practice non stand close enough to obstruct their movements, you have the right to observe and tape events that are apparently visible in public spaces.
- Do non endeavour to hide the fact that you are recording. Police officers do non take a reasonable expectation of privacy when performing their jobs, but the people they are interacting with may accept privacy rights that would require you lot to notify them of the recording. In many states (see here) you lot must affirmatively make people enlightened that yous 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 any circumstances. If an officer orders y'all to stop recording or orders yous to mitt over your telephone, y'all should politely simply firmly tell the officer that y'all do not consent to doing so, and remind the officeholder that taking photographs or video is your right nether the First Subpoena. 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 take chances that officeholder may search you upon arrest) confronting the value of continuing to tape.
- Whether or not you are able to record everything, brand sure to write downward everything yous 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 whatsoever injuries suffered past the person stopped. If you lot are able to speak to the person stopped past police after the law leave, they may find your contact information helpful in case they decide to file a complaint or pursue a lawsuit against the officers.
Additional resources
If you need more information, contact your local ACLU affiliate.
The constabulary violated my rights
- When yous can, write down everything you lot remember, including the officers' badge and patrol motorcar numbers and the bureau they piece of work for.
- Become contact data for witnesses.
- If you're injured, seek medical attention immediately and take photographs of your injuries.
- File a written complaint with the bureau's internal diplomacy division or civilian complaint board.
Additional resources
If you demand more than data, contact your local ACLU affiliate.
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Source: https://www.aclu.org/know-your-rights/stopped-by-police
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