Do You Have to Warn Police if You Know
Being stopped by police is a stressful feel that can get bad quickly. Here nosotros draw what the law requires and also offer strategies for treatment police force encounters. We desire to be clear: The burden of de-escalation does not fall on private citizens — it falls on police officers. However, y'all cannot assume officers will behave in a way that protects your safety or that they will respect your rights even after y'all affirm them. You may be able to reduce risk to yourself by staying calm and non exhibiting hostility toward the officers. The truth is that there are situations where people accept washed everything they could to put an officer at ease, yet notwithstanding ended upward injured or killed.
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I've been stopped by the police force in public
Your rights
- You lot take the correct to remain silent. For case, you practise not have to reply any questions about where you lot are going, where you lot are traveling from, what yous are doing, or where you alive. If you wish to exercise your right to remain silent, say then out loud. (In some states, you may be required to provide your name if asked to place yourself, and an officeholder may arrest you lot for refusing to exercise so.)
- Y'all do non have to consent to a search of yourself or your belongings, just police may pat down your clothing if they doubtable a weapon. Note that refusing consent may not stop the officer from carrying out the search against your volition, but making a timely objection before or during the search can help preserve your rights in any afterwards legal proceeding.
- If you are arrested by constabulary, you have the right to a authorities-appointed lawyer if y'all cannot afford one.
- You do not accept to reply questions about where you were born, whether you lot are a U.South. citizen, or how yous entered the state. (Carve up rules use at international borders and airports too as for individuals on certain nonimmigrant visas, including tourists and concern travelers. For more than specific guidance most how to deal with immigration-related questions, see our immigrants' rights section.)
How to reduce risk to yourself
- Stay at-home. Don't run, resist, or obstruct the officers. Practice not lie or requite false documents. Proceed your hands where the police force tin meet them.
What to do if you are arrested or detained
- Say you wish to remain silent and ask 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 you have been arrested past law, you accept the right to make a local phone call. The police cannot listen if you call a lawyer. They tin and often exercise listen if you call anyone else.
If you believe your rights were violated
- Write downwardly everything you lot remember, including officers' badges and patrol car numbers, which agency the officers were from, and whatever 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's internal diplomacy division or civilian complaint board. In most cases, you lot tin file a complaint anonymously if you wish.
What you can do if you think you're witnessing law abuse or brutality
- Stand at a safe distance and, if possible, use your telephone to record video of what is happening. Equally long as you do not interfere with what the officers are doing and do not stand up close enough to obstruct their movements, you have the right to observe and record events that are manifestly visible in public spaces.
- Do not endeavor to hide the fact that y'all are recording. Police force officers practise not accept a reasonable expectation of privacy when performing their jobs, only 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 lot must affirmatively make people enlightened that you are recording them.
- Police force 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 y'all to stop recording or orders y'all to hand over your phone, you should politely but firmly tell the officeholder that yous do non consent to doing then, and remind the officeholder that taking photographs or video is your correct under the First Subpoena. Be aware that some officers may arrest y'all for refusing to comply fifty-fifty though their orders are illegal. The abort would be unlawful, but y'all will need to weigh the personal risks of arrest (including the risk that officer may search you upon arrest) against the value of continuing to record.
- Whether or not you are able to record everything, make sure to write down everything you call up, including officers' badge and patrol motorcar 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 yous are able to speak to the person stopped by police after the law exit, they may find your contact information helpful in case they make up one's mind to file a complaint or pursue a lawsuit against the officers.
Boosted resources
If you need more data, contact your local ACLU affiliate.
I've been pulled over by the constabulary
Your rights
- Both drivers and passengers have the right to remain silent.
- If you're a passenger, you can inquire if you lot're free to leave. If yes, yous may silently go out.
How to reduce take chances to yourself
- Finish the car in a rubber identify as apace every bit possible.
- Turn off the car, plow on the internal light, open the window part style, and place your hands on the bicycle. If you lot're in the passenger seat, put your hands on the dashboard.
- Upon request, bear witness police your driver'south license, registration, and proof of insurance.
- Avoid making sudden movements, and keep your hands where the officeholder can see them.
What to do if you are arrested or detained
- Say you 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 whatsoever decisions without a lawyer.
- If you have been arrested by law, you lot take the correct to make a local phone call. The police cannot listen if you lot telephone call a lawyer. They can and oft will listen to a telephone call made to anyone else.
If you believe your rights were violated
- Write downwardly everything you call back, including officers' badges and patrol car numbers, which bureau the officers were from, and whatever other details. Get contact information for witnesses.
- If yous're injured, seek medical attention immediately and take photographs of your injuries.
- 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 yous wish.
What you can do if yous retrieve you're witnessing police corruption or brutality
- Stand up at a safety distance and, if possible, use your telephone to record video of what is happening. As long as you practise non interfere with what the officers are doing and practice non stand close enough to obstruct their movements, yous accept the right to observe and record events that are plainly visible in public spaces.
- Do not attempt to hibernate the fact that yous are recording. Law officers practise non have a reasonable expectation of privacy when performing their jobs, but the people they are interacting with may accept privacy rights that would require yous to notify them of the recording. In many states (see here) you must affirmatively brand people aware that yous are recording them.
- Police officers may not confiscate or demand to view your photographs or video without a warrant, and they may non delete your photographs or video nether whatever circumstances. If an officeholder orders y'all to finish recording or orders you to mitt over your phone, you should politely but firmly tell the officer that you do not consent to doing then, and remind the officer that taking photographs or video is your right under the First Subpoena. Be aware that some officers may abort you for refusing to comply fifty-fifty though their orders are illegal. The arrest would be unlawful, but you will need to weigh the personal risks of arrest (including the take chances that officer may search you upon arrest) confronting the value of continuing to record.
- Whether or not you are able to record everything, make certain to write down everything you lot remember, including officers' badge and patrol car numbers, which agency the officers were from, how many officers were nowadays and what their names were, any use of weapons (including less-lethal weapons such every bit 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 police leave, they may observe your contact information helpful in case they decide to file a complaint or pursue a lawsuit against the officers.
Boosted resources
If you need more data, contact your local ACLU affiliate.
The police are at my door
Your rights and how to reduce risk to yourself
- You should not invite the officer into your firm. Talk with the officers through the door and inquire them to show y'all identification. You do not have to allow them in unless they can show you a warrant signed by a judicial officer that lists your address equally a place to be searched or that has your proper name on it as the subject of an arrest warrant .
- Inquire the officeholder to slip the warrant nether the door or hold information technology up to the window so you can read it. A search warrant allows police force to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An abort warrant has the proper name of the person to be arrested.
- Even 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 firm conducting their search. Stand silently and detect what they exercise, where they go, and what they take. Write downward everything you observed as soon equally you can.
When your rights accept been violated
- Write down everything y'all remember, including officers' bluecoat 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'southward internal affairs division or noncombatant complaint board. In near cases, you can file a complaint anonymously if you wish.
How to be a responsible bystander
- If yous are a guest inside the firm and end upward answering the door, you should make clear to the police that you are a guest and exercise not take the say-so to allow them inside without the homeowner's permission.
Additional resources
If you need more information, contact your local ACLU affiliate.
I've been arrested past the police
How to fix for possible arrest
- Set yourself and your family in case you are arrested. Memorize the phone numbers of your family unit and your lawyer. Make emergency plans if you accept children or take medication.
Your rights
- Say you wish to remain silent and ask for a lawyer immediately. Don't reply any questions or give any explanations or excuses. If yous tin can't pay for a lawyer, you have the right to a gratuitous ane. Don't say anything, sign annihilation or make any decisions without a lawyer.
- You take the right to brand a local telephone phone call. The police cannot listen if you call a lawyer. They tin and often will listen to a call made to anyone else.
How to reduce run a risk to yourself
- Practise not resist arrest, even if y'all believe the abort is unfair. Follow the officers' commands.
When your rights have been violated
- Write down everything yous remember, including officers' badge and patrol car numbers, which agency the officers were from, and whatsoever other details. Go contact information for witnesses.
- File a written complaint with the agency's internal affairs sectionalization or civilian complaint board. In almost cases, you tin file a complaint anonymously if you wish.
What y'all tin can practice if you retrieve you're witnessing police abuse or brutality
- Stand at a prophylactic distance and, if possible, use your telephone to record video of what is happening. Equally long as you do not interfere with what the officers are doing and exercise not stand close enough to obstruct their movements, you take the right to observe and record events that are apparently visible in public spaces.
- Do not effort to hide the fact that you are recording. Police officers practice non have a reasonable expectation of privacy when performing their jobs, just the people they are interacting with may take privacy rights that would require you to notify them of the recording. In many states (see here) you must affirmatively make people aware that y'all 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 officer orders yous to stop recording or orders yous to hand over your phone, yous should politely but firmly tell the officer that you do non consent to doing and so, and remind the officer that taking photographs or video is your correct under the Starting time Amendment. Be aware that some officers may arrest you for refusing to comply even though their orders are illegal. The arrest would be unlawful, but y'all volition need to counterbalance the personal risks of arrest (including the risk that officer may search you upon arrest) against the value of continuing to record.
- Whether or not you lot are able to record everything, make certain to write down everything you lot 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 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 data helpful in example they decide to file a complaint or pursue a lawsuit against the officers.
Additional resources
If you need more than information, contact your local ACLU affiliate.
The police violated my rights
- When you can, write down everything yous remember, including the officers' bluecoat and patrol automobile numbers and the agency they work for.
- Get contact information for witnesses.
- If you're injured, seek medical attention immediately and take photographs of your injuries.
- File a written complaint with the bureau'due south internal diplomacy segmentation or civilian complaint board.
Additional resources
If yous need more than information, contact your local ACLU chapter.
Source: https://www.aclu.org/know-your-rights/stopped-by-police/
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