what are you required to give a police officer
Being stopped by constabulary is a stressful experience that tin go bad chop-chop. Here nosotros describe what the law requires and also offer strategies for handling law encounters. We want to be clear: The brunt of de-escalation does not autumn on private citizens — it falls on constabulary officers. Even so, you cannot assume officers will acquit in a way that protects your safety or that they will respect your rights even afterwards yous assert 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 have washed everything they could to put an officeholder at ease, yet still concluded up injured or killed.
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I've been stopped by the law in public
Your rights
- You take the right to remain silent. For example, y'all do not have to respond any questions about where you lot are going, where you are traveling from, what y'all are doing, or where y'all alive. If you wish to exercise your right to remain silent, say so out loud. (In some states, you lot may exist required to provide your name if asked to identify yourself, and an officer may arrest you for refusing to do so.)
- You do not have to consent to a search of yourself or your property, but constabulary may pat down your vesture if they suspect a weapon. Annotation that refusing consent may non stop the officer from carrying out the search confronting your volition, simply making a timely objection before or during the search can help preserve your rights in any later legal proceeding.
- If you are arrested by constabulary, you lot have the right to a government-appointed lawyer if you cannot afford i.
- You do not have to answer questions almost where you lot were born, whether you are a U.S. citizen, or how you entered the country. (Split up rules apply at international borders and airports every bit well as for individuals on certain nonimmigrant visas, including tourists and business travelers. For more than specific guidance about how to bargain with immigration-related questions, come across our immigrants' rights section.)
How to reduce hazard to yourself
- Stay at-home. Don't run, resist, or obstruct the officers. Do not lie or give false documents. Continue your hands where the law tin can see them.
What to practise if you are arrested or detained
- Say you wish to remain silent and inquire for a lawyer immediately. Don't requite any explanations or excuses. Don't say anything, sign anything, or brand any decisions without a lawyer.
- If yous have been arrested by constabulary, you accept the right to brand a local phone phone call. The police cannot heed if yous call a lawyer. They can and often exercise heed if yous call anyone else.
If you believe your rights were violated
- Write down everything you remember, including officers' badges and patrol auto numbers, which agency the officers were from, and any other details. Get contact data for witnesses.
- If you're injured, seek medical attention immediately and have photographs of your injuries.
- File a written complaint with the agency'due south internal affairs segmentation or civilian complaint board. In virtually cases, you tin can file a complaint anonymously if y'all wish.
What yous tin do if you recollect yous're witnessing constabulary abuse or brutality
- Stand at a safe distance and, if possible, utilise your telephone to record video of what is happening. As long as you exercise not interfere with what the officers are doing and practise not stand up shut enough to obstruct their movements, you have the right to observe and tape events that are manifestly visible in public spaces.
- Do not try to hibernate 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 y'all to notify them of the recording. In many states (see here) you must affirmatively brand people aware that you are recording them.
- Law officers may not confiscate or demand to view your photographs or video without a warrant, and they may non delete your photographs or video under any circumstances. If an officeholder orders yous to stop recording or orders you to paw over your phone, you should politely only firmly tell the officer that you do non consent to doing so, and remind the officer that taking photographs or video is your right nether the First Subpoena. Be aware that some officers may arrest you for refusing to comply even though their orders are illegal. The arrest would be unlawful, but you will demand to weigh the personal risks of arrest (including the risk that officeholder may search you upon arrest) against the value of continuing to tape.
- Whether or not you lot are able to tape everything, make certain to write down everything you call back, including officers' badge and patrol machine numbers, which bureau the officers were from, how many officers were nowadays and what their names were, any use of weapons (including less-lethal weapons such as Tasers or batons), and whatsoever injuries suffered by the person stopped. If you are able to speak to the person stopped by law after the police go out, they may notice your contact data helpful in case they decide to file a complaint or pursue a lawsuit against the officers.
Additional resources
If you demand more than information, contact your local ACLU affiliate.
I've been pulled over by the police
Your rights
- Both drivers and passengers accept the right to remain silent.
- If you're a rider, you tin ask if you're gratuitous to get out. If yes, you may silently leave.
How to reduce risk to yourself
- Stop the car in a safe identify as chop-chop as possible.
- Turn off the car, plow on the internal lite, open the window part style, and place your hands on the bike. If you're in the passenger seat, put your hands on the dashboard.
- Upon request, evidence law your driver's license, registration, and proof of insurance.
- Avoid making sudden movements, and keep your hands where the officer tin 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 annihilation, or make any decisions without a lawyer.
- If y'all accept been arrested by police, you lot have the right to make a local call. The constabulary cannot heed if you lot call a lawyer. They tin and often will heed to a call made to anyone else.
If yous believe your rights were violated
- Write downwardly everything you remember, including officers' badges and patrol car numbers, which agency the officers were from, and any other details. Become 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 agency's internal affairs sectionalization or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.
What you tin can do if you lot remember yous're witnessing police corruption or brutality
- Stand at a prophylactic distance and, if possible, use your telephone to record video of what is happening. As long every bit y'all do not interfere with what the officers are doing and do not stand close enough to obstruct their movements, you have the right to observe and tape events that are obviously visible in public spaces.
- Do not try to hide the fact that you are recording. Constabulary officers practise not accept 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 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 under any circumstances. If an officer orders you lot to stop recording or orders yous to hand over your telephone, y'all should politely only 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 yous for refusing to comply even though their orders are illegal. The arrest would be unlawful, but you will need to weigh the personal risks of abort (including the risk that officeholder may search you upon arrest) against the value of continuing to record.
- Whether or non you lot are able to record everything, make sure to write down everything y'all remember, including officers' badge and patrol car numbers, which agency the officers were from, how many officers were present and what their names were, whatever utilize 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 force after the police exit, they may find your contact information helpful in case they determine to file a complaint or pursue a lawsuit against the officers.
Additional resources
If you need more information, contact your local ACLU chapter.
The law are at my door
Your rights and how to reduce hazard to yourself
- You lot should not invite the officer into your firm. Talk with the officers through the door and ask them to evidence you identification. You do not accept to permit them in unless they tin show y'all a warrant signed by a judicial officer that lists your address every bit a place to be searched or that has your name on it as the subject of an arrest warrant .
- Ask the officer to sideslip the warrant under the door or concur it up to the window then you tin can read it. A search warrant allows police to enter the address listed on the warrant, only officers can only search the areas and for the items listed. An arrest warrant has the proper noun of the person to exist arrested.
- Fifty-fifty if officers have a warrant, y'all take the right to remain silent. You should not answer questions or speak to the officers while they are in your house conducting their search. Stand silently and observe what they exercise, where they go, and what they take. Write down everything you observed as soon as you tin.
When your rights accept been violated
- Write downward everything y'all remember, including officers' badge and patrol motorcar numbers, which agency the officers were from, and any other details. Go contact information for witnesses.
- File a written complaint with the agency'due south internal diplomacy division or civilian complaint board. In nigh cases, you can file a complaint anonymously if yous wish.
How to exist a responsible bystander
- If you are a guest inside the business firm and cease up answering the door, you should make clear to the police force that you are a invitee and do not have the authority to let them within without the homeowner'southward permission.
Boosted resource
If you lot need more information, contact your local ACLU affiliate.
I've been arrested by the law
How to set up for possible arrest
- Prepare yourself and your family in example you are arrested. Memorize the telephone numbers of your family and your lawyer. Brand emergency plans if you have children or take medication.
Your rights
- Say you lot wish to remain silent and ask for a lawyer immediately. Don't reply whatsoever questions or requite whatever explanations or excuses. If you tin can't pay for a lawyer, you have the correct to a free one. Don't say anything, sign anything or brand any decisions without a lawyer.
- You take the right to brand a local call. The police cannot listen if you phone call a lawyer. They tin can and oft will mind to a call made to anyone else.
How to reduce risk to yourself
- Exercise not resist arrest, even if you believe the abort is unfair. Follow the officers' commands.
When your rights take been violated
- Write down everything you remember, including officers' bluecoat and patrol automobile 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 division or civilian complaint board. In most cases, you can file a complaint anonymously if yous wish.
What you can do if yous think y'all're witnessing police abuse or brutality
- Stand at a safe distance and, if possible, apply your telephone to record video of what is happening. As long as you do not interfere with what the officers are doing and practise non stand close enough to obstruct their movements, yous have the right to observe and record events that are plainly visible in public spaces.
- Exercise not try to hide the fact that you are recording. Police force officers practice non have 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 aware that you lot 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 under any circumstances. If an officer orders you to cease recording or orders you lot to hand over your phone, you should politely but firmly tell the officer that you practise not consent to doing so, and remind the officer that taking photographs or video is your right under the First Subpoena. Be enlightened that some officers may arrest you for refusing to comply even though their orders are illegal. The abort would be unlawful, but you lot volition need to weigh the personal risks of arrest (including the hazard that officer may search you lot upon abort) confronting the value of standing to record.
- Whether or not you are able to tape everything, make sure to write downwardly everything you lot remember, including officers' badge and patrol auto numbers, which agency the officers were from, how many officers were present 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 police leave, they may discover your contact data helpful in case they determine to file a complaint or pursue a lawsuit against the officers.
Additional resource
If y'all need more than data, contact your local ACLU affiliate.
The police violated my rights
- When you can, write down everything you lot remember, including the officers' badge and patrol machine numbers and the agency they work for.
- Get contact data for witnesses.
- If y'all're injured, seek medical attention immediately and take photographs of your injuries.
- File a written complaint with the agency'due south internal affairs division or civilian complaint board.
Additional resources
If you need more than data, contact your local ACLU affiliate.
Source: https://www.aclu.org/know-your-rights/stopped-by-police/
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