What to do if you're stopped by The Police

A Guide from the ACLU

© Copyright 1998, American Civil Liberties Union
Reprinted with permission of the American Civil Liberties Union
http://www.aclu.org

To fight police abuse effectively you need to know your rights. There are some things you should do, some things you must do and some things you cannot do. If you are in the middle of a police encounter, you need a handy and quick reference to remind you what your rights and obligations are.

That's why the ACLU is making these tips available as a downloadable .pdf file. You can photocopy this and carry it in your wallet, pocket or glove compartment to give you quick access to your rights and obligations concerning police encounters.

ACLU "Bustcard": Pocket Guidelines on Encounters with the Police in PDF

Complete instructions for printing the bustcard, and other resources on police reform are also availalble.

Be polite and respectful. Never bad-mouth a police officer.

Stay calm and in control of your words, body language and emotions.

Don't get into an argument with the police.

Remember, anything you say or do can be used against you.

Keep your hands where the police can see them.

Don't run. Don't touch any police officer.

Don't resist even if you believe you are innocent.

Don't complain on the scene or tell the police they're wrong or that you're going to file a complaint.

Do not make any statements regarding the incident. Ask for a lawyer immediately upon your arrest.

Remember officers' badge & patrol car numbers.

Write down everything you remember ASAP.

Try to find witnesses & their names & 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 your rights have been violated, file a written complaint with police department's internal affairs division or civilian complaint board.

Keep this Card Handy!

If you have a police encounter, you can protect yourself.

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.
You don't 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.
You don't 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.
Do not interfere with, or obstruct the police -- you can be arrested for it.

If You are Stopped for Questioning

It's not a crime to refuse to answer questions, but refusing to answer can make the police suspicious about you. You can't be arrested merely for refusing to identify yourself on the street.
Police may "pat-down" your clothing if they suspect a concealed weapon. Don't physically resist, but make it clear that you don't consent to any further search.
Ask if you are under arrest. If you are, you have a right to know why.
Don't bad-mouth the police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest.

If You're Stopped in your Car

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.
If you're given a ticket, you should sign it; otherwise you can be arrested. You can always fight the case in court later.
If you're suspected of drunk driving (DWI) and refuse to take a blood, urine or breath test, your driver's license may be suspended.

If You're Arrested or Taken to a Police Station

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. Don't give any explanations, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decide is best.
Ask to see a lawyer immediately. If you can't pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer can be contacted. Don't say anything without a lawyer.
Within a reasonable time after your arrest, or booking, you have the right to make a local phone call: to a lawyer, bail bondsman, a relative or any other person. The police may not listen to the call to the lawyer.
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 on the next court day after arrest.
Do not make any decisions in your case until you have talked with a lawyer.

In your Home

If the police knock and ask to enter your home, you don't have to admit them unless they have a warrant signed by a judge.
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.
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, has the right to courteous and respectful police treatment.

If your rights are violated, don't 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.

Produced by the American Civil Liberties Union.

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ACLU Video

BUSTED: The Citizen's Guide to Surviving Police Encounters

45 min - Nov 30, 2006. How to exercise your constitutional rights during encounters with police.

Watch on YouTube

Some Notes for the Video

Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless he or she is onpresentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Plain View Doctrine: In the context of searches and seizures, the principle that provides that objects perceptible by an officer who is rightfully in a position to observe them can be seized without a Search Warrant and are admissible as evidence. The U.S. Supreme Court has developed and refined the plain view doctrine over time. In Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971), the Court ruled that the seizure of two automobiles in plain view during the arrest of the defendant, along with later findings of gunpowder, did not violate the defendant's Fourth Amendment rights (protection against unreasonable Search and Seizure). The Court also has drawn distinctions between searches and seizures in applying the plain view doctrine. In Arizona v. Hicks, 480 U.S. 321, 197 S.Ct. 1149, 94 L.Ed.2d 347 (1987), the Court held that no seizure occurred when a police officer called to the scene of a shooting incident recorded serial numbers of stereo equipment he observed in plain view, and which he believed had been stolen. Nevertheless, the officer's actions in moving the equipment to find the serial numbers constituted a search; the officer had a "reasonable suspicion" that the equipment had been stolen, but it was not supported by Probable Cause. (SOURCE: http://legal-dictionary.thefreedictionary.com/Plain+view+rule)