WHAT TO DO IF YOU ARE A VICTIM OF POLICE WRONGDOING?

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.

YOUR RIGHTS WHEN YOU ARE 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.
RIOS & KING
Trial Attorneys

36 W. Colorado Blvd.
Suite 301
Pasadena, CA 91105

Tel: 626.583-1100
Fax: 626.583.1475
info@rioskinglaw.com
RIOS & KING
A Professional Law Corporation
They could have easily resolved
this situation. There was no
need to kill someone. It's a high-
stakes game when you have
happy-trigger deputies.” --Luis
Carrillo
CIVIL RIGHTS/POLICE BRUTALITY