Civil Rights
| Your Rights When Stopped, Searched or Arrested by the Police If You Are Stopped For Questioning: You have the right to ask why you have been stopped. Be respectful, however, or you could help give the police a reason to detain you. You have the right to refuse to answer questions other than providing simple information to identify yourself. The police may "pat-down" your clothing if they suspect you are carrying a concealed weapon, but you have the right to refuse any additional search. You should not physically resist a search. If the police will not allow you to leave after a sufficient time has passed for them to investigate you, you have the right to ask if you are under arrest and why. Even if you believe that you are being held unlawfully, it is better not to try to escape or physically resist. Usually, this will only get you into more trouble. If You Are Stopped In Your Car: You have the right to ask why you have been stopped. You must show your driver's license and registration upon request. If you are given a ticket, you have the right not to sign it, but you can be arrested if you do not sign it. Generally, there is no good reason to refuse to sign the ticket. You can fight the ticket later in court. The police may set up systemic road blocks to check the driver's license, vehicle registration and sobriety of all oncoming drivers. Individual officers may not at their own discretion make random stops to check driver's license and vehicle registration, unless they have a clear suspicion that the motorist does not possess a valid license or a car is unregistered. If The Police Want To Search You, Your Home, Your Car: You have the right to be free from unreasonable searches and seizures. Generally, police need a search warrant to search you or your belongings. Sometimes, police can search without a warrant. These situations include when: 1) You give your consent to be searched. You do not have to consent to a search. Consenting to a search can make it legal. You may tell the police politely and clearly that you object to their searching. 2) The police have probable cause. Probable cause means that the police must have trustworthy information that would lead a reasonable person to think it is probable that the search will uncover evidence of a crime or contraband. 3) Police conduct a search of the person and the areas within that person's immediate control, including throughout the passenger compartment of a car, following a valid arrest. 4) Search is motivated by an emergency situation (e.g., to avoid destruction of evidence). Your car can be searched without a warrant so long as: the police have probable cause; or the search takes place after a valid arrest; or the driver is arrested and both driver and car are taken to the police station. The police can seize any objects appearing to be weapons or anything in plain view, even if it is inside your car or home. If You Are Arrested Or Taken To A Police Station: If you are arrested, the police must tell you that you have the right to remain silent and the right to talk to a lawyer. If you are arrested or taken to the police station, you do not have to talk to the police without a lawyer present. You do not need to give information beyond simple identification data, such as your name and address. Anything you say to the police can be used against you. Anything you tell your lawyer in private is generally confidential and CANNOT be used against you. The police may NOT listen to a call to your lawyer. If you are arrested, the police must give you reasonable time and opportunity to communicate with friends, family and an attorney. If you are arrested, you may ask to see a lawyer. If you can afford a lawyer, you have the right to contact the lawyer of your choice. If you cannot afford to hire a lawyer, you have the right to a free-appointed lawyer at "critical stages" in the criminal proceeding. "Critical stages" are determined by the nature of the proceeding and the facts of the case. "Critical stages" are generally all court appearances and custodial interrogations. If you are arrested, you have the right to be taken before a judicial official, such as a magistrate or a judge, without unnecessary delay and to have a bond set. You do not have a right to an attorney at this pretrial stage. You may ask to be released upon your signature or for a low bond to be set. You may tell the judicial official if you are a local resident or have any ties to the community. |
| The best way to stop the police is to know your rights. All too often, citizens undermine possible defense strategies by saying and doing the wrong things while in police custody. Every citizen should have basic knowledge of their civil rights. If you are assaulted by a police officer, on or off-duty, you should seek immediate medical attention first. Take photographs of any injuries, then contact an attorney. If the attorney does not plan a course of action that satisfies you, find one that does. |
