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Stopped By Police

WHAT TO DO IF YOU ARE STOPPED BY THE POLICE 

  • Be polite and respectful. Never bad-mouth a police officer. 
  • Stay calm and in control of your words, body language and emotions.
  • Do not get into an argument with the police. œ Remember, anything you say or do can be used against you. 
  • Keep you hands where the police can see them.
  • Do not run. Do not touch any police officer.
  • Do not resist even if you believe you are innocent. 
  • Do not complain on the scene or tell the police they are wrong or that you are going to file a claim. 
  • 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 as soon as possible. 
  • Try to find witnesses, 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 that your rights have been violated, file a written complaint with the 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 do not have to answer a police officer's questions, but you must show your driver's license and registration when stopped in a car. In other situations, you can't legally be arrested for refusing to identify yourself to a police officer.

3. You do not 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 is not a crime to refuse to answer questions, but refusing to answer can make the police suspicious about you. You can not be arrested merely for refusing to identify yourself on the street.

2. Police may "pat down" your clothing if they suspect a concealed weapon. Do not physically resist, but make it clear that you do not consent to any further search.

3. Ask if you are under arrest. If you are, you have a right to know why.

4. Do not bad mouth the police office or run away, even if you believe what is happening is unreasonable. That could lead to your arrest.

IF YOU ARE STOPPED IN YOUR CAR

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 are given a ticket, you should sign it; otherwise you can be arrested. You can always fight the case in court later.

3. If you are suspected of drunk driving (DWI) and refuse to take a blood, urine or breath test, your license may be suspended. However, a blood, urine or breath test can be used against you.

IF YOU ARE 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. Do not give any explanations, excuses or stories. You can make your defense later, in court on what you and your lawyer decide is best.

2. Ask to see a lawyer immediately. If you can not pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer can be contacted. Do not 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 layer, 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 the next court day after your 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 do not 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, have the right to courteous and respectful police treatment.  If your rights are violated, do not 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.