Police

Know your rights  –  Police encounters

Sourced from NYCLU.org

 If you have a police encounter:

  • You have the right to remain silent. You can say “I would like to remain silent” and not answer any questions. 
  • If the police say they have a warrant, ask to see it. You never have to consent to a search of yourself, your belongings, car, or house. 
  • Do not interfere with or obstruct the police. You can be arrested.

Write down everything you remember as soon as possible. 

If you are stopped, questioned, and/or frisked:

  • Police may stop and briefly detain you if there is “reasonable suspicion” that you are involved with a crime. Ask if you are under arrest or free to leave.
  • You are not required to carry ID or show it to the police, but if you are issued a summons or a warrant and do not identify yourself, you may be detained until you are identified. 

If you are stopped in your car:

  • Upon request, show the police your driver’s license, registration, and proof of insurance. 
  • In some cases, your car can be searched without a warrant, but you should state that you do not consent to a search in order to protect yourself for later. 
  • If you’re suspected of drunk driving, you will be asked to take a breath-alcohol and coordination test. If you fail the tests or refuse to take them, you will be arrested, your driver’s license may be suspended, and your car may be taken away.
  • If you are arrested, your car will be subject to a search

If police come to your home: 

  • The police can enter your home without your permission if they have a warrant or if it is an emergency. If the police say they have a warrant, ask to see it. Check to make sure the warrant has the correct address.
  • If you are arrested in your home or office, the police can search you and the area immediately surrounding you or where evidence of criminal activity is in plain view.

If you are arrested or taken to a police station: 

  • You have the right to remain silent and the right to talk to a lawyer before you talk to the police. Don’t tell the police anything 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.
  • If you have a lawyer, ask to see your lawyer immediately. If you can’t afford a lawyer, you have the right to a free one once your case goes to court. You can ask the police how to contact a lawyer. 
  • Within a reasonable time after your arrest or booking, you should ask the police to contact a family member or friend. If you are permitted to make a phone call, anything you say at the precinct may be recorded or listened to. Never talk about the facts of your case over the telephone.
  • Do not make any decisions in your case or sign any statements until you have talked with a lawyer.

Tips on police interactions

  • Stay calm and in control of your words, body language, and emotions.
  • Do not get into an argument with or “bad-mouth” officers.
  • Remember that anything you say or do will be used against you.
  • If the police are wrong, try to tell them in a non-confrontational way that will not escalate the situation.
  • Keep your hands where the police can see them. 
  • Do not run or resist, even if you are innocent.
  • Do not touch any police officer.
  • Do not make any statements regarding the incident.
  • If you are arrested, ask for a lawyer immediately.
  • Remember officers’ badge numbers, patrol car numbers, and physical descriptions.
  • Write down everything you remember as soon as possible.
  • Try to find witnesses and their names and phone numbers.
  • If you are injured, take photos of the injuries as soon as possible, but make sure you get medical attention first. Ask for copies of your medical treatment files.