How To Protect Your Rights During Any Police Encounter
You have a lot of rights during a police encounter.Two of the most important are your right to remain silent and not to be arrested.You should not answer any more questions than necessary in order to protect your rights.If the police don't have a reason for detaining you, you should leave.
Step 1: If you want to see a search warrant, ask.
If the police come to your home, you should ask to see a search warrant.A warrant is needed to search your home.You should be able to read it if the officer holds it up to a window and passes it to you.Make sure the address on the warrant is correct.If the address is wrong, hand it back to the police.
Step 2: Provide information.
When the police stop you, you can't be completely silent.You need to give the police some basic information.Depending on your state, this information will vary.In most places, you have to provide the following: license, registration, and proof of insurance.
Step 3: Do not answer other questions.
You should not answer any other questions after providing the required information.You should say, "I want to remain silent."You can't be arrested by the police for refusing to talk.It's helpful for the police to get you to talk.They might start asking you random questions, like "What are you doing out here right now?" and "Where do you headed?", hoping you slip up and reveal something they can use against you.It might look suspicious if you start answering questions but then stop.Stay silent for this reason.
Step 4: Do not consent to a search.
The police officer can't search you.The officer needs to have reasonable suspicion that you are about to commit a crime in order to briefly detain you and perform a pat-down.They are asking for your consent because an officer might not have reasonable suspicion or probable cause.You should not consent.Keep saying "No, I don't consent to a search" regardless of what they want to search.You can't claim that a search was unconstitutional if you consent to it.Police want you to allow them to do their jobs.It's easier for them to get you to agree to a search than it is to show a judge that they had probable cause.
Step 5: The officer should be treated with respect.
Bad-mouthing a police officer is a constitutional right.You run the risk of making the situation worse by angering the officer.You need to protect your safety as well.Police officers are also people, so always call them Sir, Ma'am or Officer.Their blood pressure will probably go up if you start acting aggressive.Don't speak to the officer or raise your voice.If the officer gives you a ticket, accept it.Don't resist.If you think you didn't deserve a traffic ticket, you can fight it later.
Step 6: Take a breathalyzer test.
If you are stopped for driving under the influence, the officer might ask you to take a field sobriety test and a breathalyzer.You do not have to comply.You'll face consequences if you refuse.In some states, refusal to take a breathalyzer or field sobriety test will result in your license being suspended.The police don't have to prove that you had a high BAC.A suspension can be caused by your simple refusal to take the test.You can be fined if you refuse to take the test.If you refuse to take the test, you will face consequences in your state.Search "your state" and "implied consent laws" to find your state's law.
Step 7: Ask if you can go somewhere else.
Unless they have a reason, the police can't detain you.An office might have reasonable suspicion that you have a gun.If no weapon is found, he or she can ask to pat you down, but they can't keep detaining you.If the officer says yes, then you should leave.Don't run or make sudden movements that an officer will be suspicious of.The officer could ask you another question or give you a vague answer.Don't answer the question.Once again, ask, "Am I free to leave?"The officer should have a reason for detaining me.
Step 8: Stay calm.
Some officers may not have a reason for detaining you.They might be harassing you.You have to remain calm even though this is illegal.Don't get physical with the police.They should be able to see your hands.Don't physically resist the police.Some people will shout out, "I'm not resisting!" that doesn't help anyone.The police are not going to listen to what you are saying.
Step 9: It's a good idea to take down important information.
If you think you have been stopped or held illegally, you should give the police officer your name, badge number, and patrol car number.You can videotape an encounter with a police officer in a public place.If you start recording the encounter, police might be upset.You can either continue to record and upset the officer, or stop recording and not have a visual record of the encounter.A bystander can observe the encounter as an alternative to recording.They can serve as a witness if they have that person's name.
Step 10: Request an attorney.
Inform the arresting officer that you want to talk to an attorney after your arrest.When you are taken to jail and booked, you should say, "I want to talk to my attorney."Booking is how an official record of the arrest is made.You will have to give up your valuables, like a cell phone, and possibly have a mug shot taken during this process.
Step 11: Continue to be silent.
As part of the booking process, you have to give your name and other personal information.You should not volunteer any other information.Don't answer questions from a detective or jail guard about the incident.You can ask to go to the bathroom, but you shouldn't say much more.
Step 12: Remember that the police can lie to you.
The police want you to talk you way out of an offense so that they can do their job better.Chances are you will say something that will hurt you.Police will lie to you for this reason.A witness saw you commit the crime.It doesn't matter if there was a witness.You can't talk your way out of the crime if there was.Talking will only dig you a deeper hole if there wasn't a witness.Don't be silent.If you confess, the police won't charge you.The police do not decide whether to bring charges.The district attorney is involved.You will get a lighter sentence if you cooperate with the police.The police have no power over this.The judge decides your sentence after the district attorney recommends it.If you talk they will let you go.As soon as you get bail, the police will let you go.The police can be sued if they hold you for too long without probable cause.
Step 13: If you're in jail, call an attorney.
You should be able to make a call after booking.There are phones in the jail.The jail is run in different ways.You can make phone calls to get an attorney lined up.There may be a list of attorneys you can call.You can remove someone from the list.If there is no list, you should call a responsible adult and tell them where you are.They can find a lawyer for you.If you have no money, you may have to wait until your first appearance in front of the judge to ask for a public defender.You have to complete the application.
Step 14: Get out of jail.
You may be able to post bail after booking.In order to be released from police custody, you have to post bail.You will attend all of your hearings and the trial.The money will be returned at the end of the case if you fulfill your promises.Most states have a set bail amount for common crimes.There isn't a set bail schedule for some crimes.You will need to appear before a judge, who will decide if you are entitled to bail.When bail is set, you should have your lawyer with you.For more information, see post bail.
Step 15: Don't discuss the incident with anyone.
Statements made to friends or family can be used against you at trial.You shouldn't discuss your case with anyone.Say no, I don't want to talk about it.
Step 16: If you have injuries, document them.
You might have been roughed up.You should take pictures of any injuries as soon as possible.Get close-up photographs as well as whole-body shots.Your mug shot should show injuries to your face, but not the rest of your body.You need to seek medical treatment for your injuries.Obtain copies of your medical records from the doctor or hospital.
Step 17: Determine if the police used excessive force.
Police officers don't have to use the least amount of force to make an arrest.Sometimes they use too much.There isn't a simple definition of excessive force.The severity of your suspected crime will be looked at by the court.The police should use less force if they suspect you of being involved in an armed robbery.Whether or not you are resisting arrest.They should use less force if not.If you are leaving.The police can use more force to arrest you if that's the case.Whether you pose an immediate threat to the police officers.Since guns and cars can be dangerous weapons, the police can use more force if you wave around a gun or car.
Step 18: There are other police officer violations.
You can complain about violations other than excessive force.If the police committed one or more of the following violations, you can report them.The police use offensive language.The police shouldn't use slurs.You can be discriminated against by the police because of your race.The officers are retaliating against you because you filed a complaint.The officers didn't identify themselves when asked, or they failed to display or wear their identification.
Step 19: You can request a complaint form.
The police department can give you a complaint form.You should stop by or call.The complaint forms are available online.It is easy to enter the information with this.
Step 20: Go ahead and complete the complaint.
Use a typewriter to print.The person reading it should be able to comprehend what you have written.Each form will request different information, but generally you will be asked for the following: your home address and telephone number, your age, gender, and race/ethnicity, where the incident occurred.
Step 21: You can submit a complaint.
You can submit the complaint form using one of the methods approved by the police department.You can either deliver it or mail it.You can email the complaint form or fax it.
Step 22: You can ask your attorney questions.
Discuss an excessive force lawsuit with an attorney.If a police officer uses excessive force to detain you, it is unconstitutional.You should schedule a consultation with an attorney.You can find a civil rights attorney by contacting your local bar association.Ask for a referral.You can also contact the local chapter of the American Civil Liberties Union.Take pictures of your injuries and tell the attorney what happened.Be honest.All of the facts are needed by your lawyer to analyze your claim.
Step 23: You can file an excessive force lawsuit.
In federal district court, you can file this type of lawsuit.Your lawyer will file a complaint with the court.You explain the excessive force and ask for compensation in the complaint.The lawsuit should be handled by an attorney.If you win, you may be able to get the police officer to pay your attorney's fees.Many attorneys will represent their clients in excessive force claims.The attorney will not charge you fees upfront.He or she will take a percentage of the amount you win.