Know Your Rights and What to Do If You Are Detained by the Police
Also view videos at Kenny Suitter's youtube channel.
'Search and Seizure' and the Fourth Amendment
Don't look directly at a police officer while you're driving because they consider that a sign of guilt or act of aggression. Keep in mind that when you are stopped or detained or interrogated that it is legal for a cop to lie to you, which means lying by cops is sanctioned by the justice system and, therefore, all cops are liars.FindLaw - The Fourth Amendment to the U.S. Constitution protects personal privacy and every citizen's right to be free from unreasonable government intrusion into their persons, homes, businesses and property -- whether through police stops of citizens on the street, arrests or searches of homes and businesses.
Lawmakers and the courts have put in place legal safeguards to ensure that law enforcement officers interfere with individuals' Fourth Amendment rights only under limited circumstances, and through specific methods.
What Does the Fourth Amendment Protect?
In the criminal law realm, Fourth Amendment "search and seizure" protections extend to:
- A law enforcement officer's physical apprehension, or "seizure," of a person, by way of a stop or arrest; and
- Police searches of places and items in which an individual has a legitimate expectation of privacy -- his or her person, clothing, purse, luggage, vehicle, house, apartment, hotel room, and place of business, to name a few examples.
When Does the Fourth Amendment Apply?
The legal standards derived from the Fourth Amendment provide constitutional protection to individuals in the following situations, among others:
- An individual is stopped for police questioning while walking down the street.
- An individual is pulled over for a minor traffic infraction, and the police officer searches the vehicle's trunk.
- An individual is arrested.
- Police officers enter an individual's house to place him or her under arrest.
- Police officers enter an individual's apartment to search for evidence of crime.
- Police officers enter a corporation's place of business to search for evidence of crime.
- Police officers confiscate an individual's vehicle or personal property and place it under police control.
- A valid search warrant;
- A valid arrest warrant; or
- A belief rising to the level of "probable cause" that an individual has committed a crime.
When law enforcement officers violate an individual's constitutional rights under the Fourth Amendment, and a search or seizure is deemed unlawful, any evidence derived from that search or seizure will almost certainly be kept out of any criminal case against the person whose rights were violated. For example:
- An arrest is found to violate the Fourth Amendment because it was not supported by probable cause or a valid warrant. Any evidence obtained through that unlawful arrest, such as a confession, will be kept out of the case.
- A police search of a home is conducted in violation of the homeowner's Fourth Amendment rights, because no search warrant was issued and no special circumstances justified the search. Any evidence obtained as a result of that search cannot be used against the homeowner in a criminal case.
Do you know your rights when approached by the police?
Never talk to the police. They will misconstrue what you say to help the state prosecute you.The Libertarian Republic - Ask if you are being detained. If not, ask, "Am I free to go?" If you are detained, do not talk to the cops. Ask for a lawyer. Do not consent to a search of your vehicle or home without a warrant. If they insist, don't resist but clearly state that you have not given your consent. Always get the name and badge numbers of the officers. Call a lawyer right away.
Don’t talk to cops! But if you do, this is what you say…
It seems like every day we see a new video emerge where a citizen almost immediately surrenders their 4th or 5th amendment rights. Free people need to know their rights in order to be able to flex their rights. If you regularly engage in criminal activity (Like most Americans do every day. Ever drive over the speed limit?), then you need to know what to say in order to protect yourself from the government. Here are a few quick pointers that should help you along the way.1. “How can I help you officer?”
This is the first thing you should say if you are ever encountered by a law enforcement professional. Be polite if you are approached. They may accuse you of a crime, or ask “Do you know what I stopped you for?” Don’t admit guilt. Don’t say anything that will incriminate you. Keep your mouth shut.2. “Am I being detained? Or am I free to go?”
This is key. If you are not under arrest, an officer has no right to hold you for any reason. If you are being detained then you are under arrest. If you are under arrest then you have the right to remain silent, and I suggest you use it. Anything you say can and probably will be used against you in a court of law. When an officer says, “If you talk to me, it will make things easier,” they are saying it will be easier for them. Not you. Their job is to arrest you, not make your life easier. Meeting their quota helps them, but makes your life more difficult. Never, ever talk to an officer without a lawyer present. If you can’t afford a lawyer, the state is required to provide one to you. It’s better to get your own though because someone you are paying directly will obviously do a better job.3. “I don’t consent to any searches sir/ma’am.”
This is very important if you are having a house party or if you have contraband in a vehicle. Even if the police go ahead and perform the search, your refusal to consent to the search could lead to the charges being thrown out. Also, by simply exercising your rights, the officer may be deterred from performing the search. It’s also good to remember that a police officer may threaten you with a K9 unit to perform the search. Don’t be afraid of that. The Supreme Court has recently found that a dog pointing is no longer grounds for probable cause unless a warrant has already been issued. If an officer demands to search your vehicle, simply say you do not consent to a search. If they want to go get a warrant, let them do it. More likely than not they will let you go.4. Always record the police’s actions in any encounter you have with them.
This isn’t a statement, but it’s an important rule of thumb to remember when dealing with the police in any situation that you encounter. As Fox News Sr. Judicial Analyst Judge Andrew Napolitano has said: “The camera is the new gun. There’s nothing the government dislikes more than the light of day.” Police may not like being recorded, but you have a right to record what the government does in public and especially on your own private property. Filming the police may make them angry, but if you are not belligerent and politely inform them that every action they take is being recorded, their behavior might change for the better. But if it doesn’t change for the better, you will have a record of it.5. Shut up.
I don’t know how much I need to stress this. I have seen many good friends get jail time or heavy fines because they couldn’t keep their mouth shut, and I have gotten out of numerous incidents with police simply by refusing to answer any questions. The 5th amendment of the Constitution gives us the right not to self incriminate. You don’t have to talk to anyone, anytime about anything, ever. You have the right to remain silent. If you ask an officer, “Am I being detained? Or am I free to go?,” and they say you are being detained, keep your mouth shut. There’s nothing you can do to get out of being arrested, and even though you might be afraid, you’ll be even more afraid when you’re sitting in a courtroom listening to your words being read back to you before you are sentenced for a crime that you might have avoided. Again, I repeat: Keep your mouth shut.And that’s it. Although our rights don’t originate from the Constitution, these are the rules we are living by in America today. It’s best we learn the rules of the game, so we can avoid any unnecessary losses.
It's all well and good to know a little about criminal law and your right to an attorney. But if you're stopped by police on the street, there are specific things you need to know.
This isn't a time to rely on your vast knowledge of "Law and Order" or "CSI" to figure out what to do. How you interact with police is important, and it could be the difference between "you're under arrest" and "you're free to go."
Like everything having to do with law, there are specific rules about what is and isn't allowed. Get to know the rules and you can feel more in control if you're stopped by police.
Once police stop you, the first thing you want to do is figure out what the officer thinks is happening. When you're pulled over in a car, the officer generally tells you right away what's wrong, but that doesn't always happen during a stop on the street.
If no one is telling you why you're being stopped, ask "Am I being detained?"
That language is really important.
If police are detaining you, then at that point you are entitled to a lawyer before you answer any questions.
If you are being detained, don't answer questions and clearly tell the officer you want to speak to an attorney.
Anything you say while you're stopped can be used against you. Even if you think the stop is illegal or unfair, it's better to wait for an attorney than to open your mouth and get yourself in trouble.
If officers tell you that you aren't being detained, then ask them if you're free to leave. Just walking away could cause problems, but politely asking if you can leave lets officers know that you know your rights without being confrontational.
If at any point they say you can't leave, you can consider yourself detained. Again, that's when you should ask for an attorney.
Giving police seemingly innocent information without legal counsel can get potentially get you in even more trouble, so don't make it an option.
Knowing what to do if police stop you on the street can go a long way in preventing arrest.
Have another question about police stops? Ask the experts at FindLaw Answers' Criminal Law Forum.
Know Your Rights: What To Do If You're Stopped By Police, Immigration Agents or the FBI
ACLUWe rely on the police to keep us safe and treat us all fairly, regardless of race, ethnicity, national origin or religion. This card provides tips for interacting with police and understanding your rights.
Note: Some state laws may vary. Separate rules apply at checkpoints and when entering the U.S. (including at airports).
Are you deaf or hard of hearing? Go to aclu.org/deafrights for an American Sign Language video on knowing your rights when you’re stopped by the police, starring Marlee Matlin.
WHAT TO DO IF YOU'RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI
(Download»)
YOUR RIGHTS
- You have the right to remain silent. If you wish to exercise that right, say so out loud.
- You have the right to refuse to consent to a search of yourself, your car or your home.
- If you are not under arrest, you have the right to calmly leave.
- You have the right to a lawyer if you are arrested. Ask for one immediately.
- Regardless of your immigration or citizenship status, you have constitutional rights.
YOUR RESPONSIBILITIES
- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter.
- Do file a written complaint or call your local ACLU if you feel your rights have been violated.
If You Are
IF YOU ARE STOPPED FOR QUESTIONING
Stay calm. Don't run. Don't argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them.
Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself.
You do not have to consent to a search of yourself or your belongings, but police may "pat down" your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.
IF YOU ARE STOPPED IN YOUR CAR
Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.
Upon request, show police your driver's license, registration and proof of insurance.
If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.
Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent.
IF YOU ARE QUESTIONED ABOUT YOUR IMMIGRATION STATUS
You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)
If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.
Do not lie about your citizenship status or provide fake documents.
IF THE POLICE OR IMMIGRATION AGENTS COME TO YOUR HOME
If the police or immigration agents come to your home, you do not have to let them in unless they have certain kinds of warrants.
Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent.
Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.
IF YOU ARE CONTACTED BY THE FBI
If an FBI agent comes to your home or workplace, you do not have to answer any questions. Tell the agent you want to speak to a lawyer first.
If you are asked to meet with FBI agents for an interview, you have the right to say you do not want to be interviewed. If you agree to an interview, have a lawyer present. You do not have to answer any questions you feel uncomfortable answering, and can say that you will only answer questions on a specific topic.
IF YOU ARE ARRESTED
Do not resist arrest, even if you believe the arrest is unfair.
Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. If you can't pay for a lawyer, you have the right to a free one. Don't say anything, sign anything or make any decisions without a lawyer.
You have the right to make a local phone call. The police cannot listen if you call a lawyer.
Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.
Special considerations for non-citizens:
- Ask your lawyer about the effect of a criminal conviction or plea on your immigration status.
- Don't discuss your immigration status with anyone but your lawyer.
- While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer.
- Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.
IF YOU ARE TAKEN INTO IMMIGRATION (OR "ICE") CUSTODY
You have the right to a lawyer, but the government does not have to provide one for you. If you do not have a lawyer, ask for a list of free or low-cost legal services.
You have the right to contact your consulate or have an officer inform the consulate of your arrest.
Tell the ICE agent you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.
Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S.
Remember your immigration number ("A" number) and give it to your family. It will help family members locate you.
Keep a copy of your immigration documents with someone you trust.
IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED
Remember: police misconduct cannot be challenged on the street. Don't physically resist officers or threaten to file a complaint.
Write down everything you remember, including officers' badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses. If you are injured, take photographs of your injuries (but seek medical attention first).
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 you wish.
Call your local ACLU or visit www.aclu.org/profiling.
This information is not intended as legal advice.
Produced by the American Civil Liberties Union 6/2010
General guidance for dealing with the police
Instructables.com1. 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 badmouth a police officer.
2. You must show your driver's license and registration when stopped in a car. Otherwise, you don't have to answer any questions if you are detained or arrested, with one important exception. The police may ask for your name if you have been properly detained, and you can be arrested in some states for refusing to give it. If you reasonably fear that your name is incriminating, you can claim the right to remain silent, which may be a defense in case you are arrested anyway.
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, as you you can be arrested for it.
Remember:
Think carefully about your words, movement, body language, and emotions.
Do not get into an argument with the police.
Anything you say or do can be used against you.
Keep your 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 complaint.
Do not make any statements regarding the incident.
Ask for a lawyer immediately upon your arrest.
Remember officer 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 internal affairs division or civilian complaint board, or call the ACLU hotline, 1-877-6-PROFILE.
Related:
No comments:
Post a Comment