Do the Police Know Where You Live
Beingness stopped by law is a stressful experience that tin go bad apace. Here we draw what the law requires and besides offer strategies for handling constabulary encounters. We desire to be clear: The brunt of de-escalation does not fall on individual citizens — it falls on police officers. However, you cannot presume officers will conduct in a manner that protects your rubber or that they will respect your rights even later you assert them. You may be 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 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 past the constabulary in public
Your rights
- You have the right to remain silent. For example, you do not have to respond whatever questions almost where y'all are going, where you lot are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud. (In some states, yous may be required to provide your proper noun if asked to identify yourself, and an officer may arrest you for refusing to do and then.)
- You lot do non accept to consent to a search of yourself or your belongings, only police may pat downwardly your habiliment if they suspect a weapon. Note that refusing consent may non stop the officer from carrying out the search against your will, merely 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 have the right to a government-appointed lawyer if you cannot afford ane.
- Yous do non have to respond questions about where you were born, whether you are a U.South. citizen, or how you lot entered the land. (Split up rules employ at international borders and airports as well equally for individuals on sure nonimmigrant visas, including tourists and business travelers. For more specific guidance about how to deal with clearing-related questions, see our immigrants' rights department.)
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 easily where the police can see them.
What to do if you are arrested or detained
- Say you lot wish to remain silent and ask for a lawyer immediately. Don't requite any explanations or excuses. Don't say annihilation, sign annihilation, or brand whatever decisions without a lawyer.
- If you have been arrested by law, you have the right to brand a local phone call. The police force cannot listen if you lot 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 call up, including officers' badges and patrol car numbers, which bureau the officers were from, and whatsoever other details. Become 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's internal affairs division or civilian complaint board. In near cases, yous can file a complaint anonymously if you wish.
What you can practice if you think yous're witnessing law abuse or brutality
- Stand at a safe distance and, if possible, use your phone to tape video of what is happening. As long equally you do not interfere with what the officers are doing and do non stand close plenty to obstruct their movements, you have the right to detect and record events that are plainly visible in public spaces.
- Practise not try to hide the fact that you are recording. Police officers do non accept a reasonable expectation of privacy when performing their jobs, merely the people they are interacting with may accept privacy rights that would require you to notify them of the recording. In many states (see hither) yous must affirmatively make people aware that you are recording them.
- Police officers may non 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 to finish recording or orders you to manus over your phone, you should politely but firmly tell the officeholder that you lot do not consent to doing so, and remind the officer that taking photographs or video is your correct under the First 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 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 certain to write down everything you recollect, including officers' badge 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 past law after the police force leave, they may find your contact data helpful in case they decide to file a complaint or pursue a lawsuit confronting 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 take the right to remain silent.
- If you're a passenger, y'all can ask if yous're gratuitous to leave. If yes, you may silently leave.
How to reduce risk to yourself
- Stop the car in a rubber place equally rapidly as possible.
- Plough off the auto, plough on the internal low-cal, open up the window part fashion, and place your hands on the wheel. If you're in the passenger seat, put your hands 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 can see them.
What to practice if y'all 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 annihilation, sign anything, or make whatsoever decisions without a lawyer.
- If you have been arrested by police, you have the correct to make a local phone call. The police cannot listen if yous call a lawyer. They can and oftentimes will mind to a call fabricated to anyone else.
If you believe your rights were violated
- Write down everything you lot retrieve, including officers' badges and patrol auto numbers, which bureau the officers were from, and whatsoever other details. 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's internal affairs division or civilian complaint board. In most cases, you tin can file a complaint anonymously if you wish.
What you can do if you think yous're witnessing police abuse or brutality
- Stand at a safe distance and, if possible, use your phone to tape video of what is happening. Equally long every bit y'all do non interfere with what the officers are doing and exercise non stand close enough to obstruct their movements, you accept the right to observe and record events that are plainly visible in public spaces.
- Practice non try to hide the fact that yous are recording. Law officers practice not take 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 lot must affirmatively make people enlightened that you are recording them.
- Law 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 to stop recording or orders you lot to hand over your phone, you should politely simply firmly tell the officer that yous do not consent to doing so, and remind the officer that taking photographs or video is your right under the Commencement Amendment. Be enlightened that some officers may arrest you for refusing to comply fifty-fifty 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 officer may search yous upon arrest) against the value of continuing to tape.
- Whether or non you lot are able to record everything, make certain to write down everything you recall, including officers' badge and patrol machine 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 by the person stopped. If you are able to speak to the person stopped by police after the police get out, they may find your contact information helpful in example 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 are at my door
Your rights and how to reduce hazard to yourself
- You should not invite the officer into your house. Talk with the officers through the door and ask them to show you identification. You practise not accept to let them in unless they tin can testify you a warrant signed by a judicial officeholder that lists your address as a identify to be searched or that has your proper name on it as the subject area of an abort warrant .
- Ask the officer to sideslip the warrant nether the door or hold information technology up to the window so you tin can read information technology. A search warrant allows police force to enter the address listed on the warrant, merely officers can simply search the areas and for the items listed. An arrest warrant has the proper name of the person to be arrested.
- Fifty-fifty if officers have a warrant, y'all 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 up silently and observe what they exercise, where they get, and what they take. Write down everything you observed as soon as you can.
When your rights have been violated
- Write down everything you remember, including officers' badge and patrol car numbers, which agency the officers were from, and whatever other details. Get contact data for witnesses.
- File a written complaint with the agency'south internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.
How to be a responsible bystander
- If y'all are a guest inside the business firm and end upward answering the door, you lot should brand clear to the police that you are a guest and do not have the potency to let them within without the homeowner's permission.
Additional resources
If you lot demand more information, contact your local ACLU affiliate.
I've been arrested by the law
How to prepare for possible arrest
- Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Brand emergency plans if you lot take children or have medication.
Your rights
- Say yous wish to remain silent and inquire for a lawyer immediately. Don't answer whatever questions or give any explanations or excuses. If you can't pay for a lawyer, yous accept the right to a gratis one. Don't say annihilation, sign annihilation or make any decisions without a lawyer.
- You have the right to brand a local telephone call. The police cannot heed if you call a lawyer. They can and often will heed to a call made to anyone else.
How to reduce risk to yourself
- Practise not resist arrest, even if you believe the arrest is unfair. Follow the officers' commands.
When your rights have been violated
- Write downward everything you 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 board. In almost cases, you can file a complaint anonymously if you wish.
What you can do if you retrieve you're witnessing police force abuse or brutality
- Stand at a safe altitude and, if possible, use your phone to record video of what is happening. As long as yous do not interfere with what the officers are doing and do not stand up close plenty to obstruct their movements, you lot have the correct to find and record events that are plainly visible in public spaces.
- Do not try to hide the fact that you are recording. Police officers do not accept a reasonable expectation of privacy when performing their jobs, merely 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 lot must affirmatively make people aware that you lot 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 nether any circumstances. If an officer orders you to stop recording or orders you to hand over your phone, you should politely only firmly tell the officeholder that you do non consent to doing so, and remind the officer that taking photographs or video is your correct 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, just yous volition need to weigh the personal risks of arrest (including the take a chance that officer may search y'all upon abort) against the value of continuing to record.
- Whether or not yous are able to record everything, make sure to write downwards everything yous remember, 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 any injuries suffered by the person stopped. If you are able to speak to the person stopped by police after the constabulary go out, they may find your contact information helpful in case they decide to file a complaint or pursue a lawsuit confronting the officers.
Additional resource
If you demand more than information, contact your local ACLU affiliate.
The police violated my rights
- When you lot can, write downwards everything you recall, including the officers' badge and patrol car numbers and the agency they work for.
- Get contact information for witnesses.
- If y'all're injured, seek medical attention immediately and accept photographs of your injuries.
- File a written complaint with the agency's internal affairs division or noncombatant complaint board.
Additional resources
If you lot need more data, contact your local ACLU affiliate.
Source: https://www.aclu.org/know-your-rights/stopped-by-police/
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