Frequently Asked Questions
If you have a specific question, please take some time to peruse our answers to these most frequently asked questions. Believe me -- we get asked lots of questions, and we do our best to answer all of them. Keep in mind that while laws and police procedures vary from state-to-state, our answers apply to all 50 states. If you have questions regarding your state's police procedures, check out your state's criminal code. If you've recently been charged with a crime or are under investigation, contact a lawyer ASAP.
4th Amendment (1)
"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized."
The Fourth Amendment protection against "unreasonable searches and seizures" was adopted as a protection against the widespread invasions of privacy experienced by American colonists at the hands of the British Government. So-called "writs of assistance" gave royal officers broad discretion to conduct searches of the homes of private citizens, primarily as a way of discovering violations of strict British customs laws. This practice led to a unique awareness among our Founding Fathers of the threat to individual liberty and privacy that is created by unchecked government search powers.
Today, the Fourth Amendment has lost its preferred status among our cherished Bill of Rights Protections. In recent decades, growing concerns regarding crime and public safety in America have forced our Courts to sacrifice the privacy rights contained in the Constitution with the ever-expanding demands of law-enforcement interest. The Supreme Court's rulings in Fourth Amendment cases demonstrate the challenge involved in reconciling these competing ideals.
Ultimately, the Constitution's prohibition against unreasonable searches and seizures has been stripped in recent years and tailored to suit the needs of modern law enforcement as we wage wars against drugs and terrorism. For this reason, it is important for conscientious citizens to be familiar with the lawful parameters of police authority to conduct searches, as well as the legal doctrines by which that authority is limited.
5th Amendment (1)
The Fifth Amendment Self-incrimination Clause
"...No person... shall be compelled in any criminal case to be a witness against himself or be deprived of life liberty or property without due process of law..."
The right against self-incrimination has ancient roots in common law dating back to biblical times. While most provisions of the Fifth Amendment, such as the right to a jury trial and the right against double jeopardy, impose restrictions upon our courthouses, the right against self-incrimination has a profound effect upon the behavior of law-enforcement officers as they investigate crimes. For this reason, the meaning of the self-incrimination clause has remained one of the most controversial issues in criminal procedure since the Supreme Court's ruling in Miranda v. Arizona.
At this time, the Supreme Court requires that police inform all criminal suspects of their right to remain silent prior to interrogation. This right extends from the point of arrest throughout the suspect's involvement in the criminal justice system. While many in the law-enforcement community feel that this restriction unfairly limits the ability of police and prosecutors to obtain convictions, studies have shown that conviction rates have not changed significantly since the Court first required police to inform arrestees of their right against self-incrimination.
The Sixth Amendment Right to Counsel Clause
"In all criminal proceedings, the accused shall enjoy the right…to have the assistance of counsel for his defense."
The Sixth Amendment right to counsel is a critical component of the Bill of Rights in that it provides the accused with a lawyer who is trained in the legal process and can provide a safeguard against violations of the suspect's other Bill of Rights protections. Interestingly, it was not until 1963 that the Supreme Court held that states must provide a lawyer for all felony suspects who may otherwise be unable to afford one.
Today, all person charged with a serious crime in the United States enjoy the assistance of a defense attorney regardless of economic status. State-employed public defenders represent clients who cannot afford their own attorneys, and contrary to popular belief, achieve roughly equal outcomes for their clients compared to privately-hired lawyers.
The Relationship Between Self-incrimination and the Right to Counsel
Many Americans, particularly young people, have become cynical about police practices and our legal system. It's not uncommon to lose hope when arrested or even become angry at the officer or the law he is enforcing. But don't despair; it's essential to remember that our legal system does provide services for the accused.
If you're arrested, it cannot be overstated how important it is to wait for legal advice before attempting to discuss a criminal charge with police.
Never rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
6th Amendment (1)
The Fifth Amendment Self-incrimination Clause
"...No person... shall be compelled in any criminal case to be a witness against himself or be deprived of life liberty or property without due process of law..."
The right against self-incrimination has ancient roots in common law dating back to biblical times. While most provisions of the Fifth Amendment, such as the right to a jury trial and the right against double jeopardy, impose restrictions upon our courthouses, the right against self-incrimination has a profound effect upon the behavior of law-enforcement officers as they investigate crimes. For this reason, the meaning of the self-incrimination clause has remained one of the most controversial issues in criminal procedure since the Supreme Court's ruling in Miranda v. Arizona.
At this time, the Supreme Court requires that police inform all criminal suspects of their right to remain silent prior to interrogation. This right extends from the point of arrest throughout the suspect's involvement in the criminal justice system. While many in the law-enforcement community feel that this restriction unfairly limits the ability of police and prosecutors to obtain convictions, studies have shown that conviction rates have not changed significantly since the Court first required police to inform arrestees of their right against self-incrimination.
The Sixth Amendment Right to Counsel Clause
"In all criminal proceedings, the accused shall enjoy the right…to have the assistance of counsel for his defense."
The Sixth Amendment right to counsel is a critical component of the Bill of Rights in that it provides the accused with a lawyer who is trained in the legal process and can provide a safeguard against violations of the suspect's other Bill of Rights protections. Interestingly, it was not until 1963 that the Supreme Court held that states must provide a lawyer for all felony suspects who may otherwise be unable to afford one.
Today, all person charged with a serious crime in the United States enjoy the assistance of a defense attorney regardless of economic status. State-employed public defenders represent clients who cannot afford their own attorneys, and contrary to popular belief, achieve roughly equal outcomes for their clients compared to privately-hired lawyers.
The Relationship Between Self-incrimination and the Right to Counsel
Many Americans, particularly young people, have become cynical about police practices and our legal system. It's not uncommon to lose hope when arrested or even become angry at the officer or the law he is enforcing. But don't despair; it's essential to remember that our legal system does provide services for the accused.
If you're arrested, it cannot be overstated how important it is to wait for legal advice before attempting to discuss a criminal charge with police.
Never rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
airline security (1)
Be aware that Transportation Security Agency (TSA) agents -- which are part of the Dept. of Homeland Security (DHS) -- are permitted to search you and your belongings without probable cause or a search warrant anytime you pass through a TSA security zone.
For what it's worth, the TSA has a "Passenger Civil Rights" page, which includes information on filing a complaint if you believe your rights are violated. The TSA also maintains a blog, so feel free to post comments.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
TSA's Mysterious ID Requirement
Many folks are concerned about the TSA's requirement that passengers show a photo identification before passing through security. Of particular concern, is TSA's persistent refusal to release the text of the law that it uses to justify that requirement. To learn more about this campaign, lead by renown civil libertarian activist John Gilmore, visit www.papersplease.org/gilmore. And here's an interesting analysis by security expert Bruce Schneier describing the policy's sheer absurdity.
arrest (6)
No. Police are not required to tell you what you're being arrested for. Within 72 hours you have right to be brought before a judge or released. When brought before a judge, that's when the charges against you will be read.
Nevertheless, at the time of arrest, police will typically give you a basic explanation for why you're being taken into custody. Remember to keep your mouth shut and ask for a lawyer.
That depends. The answer is as long as it reasonably takes police to conduct the investigation. If you choose to challenge a detention, your lawyer will have to argue that police kept you longer than necessary under the circumstances. If the judge agrees, any criminal charges that resulted from your detention will likely be dropped.
Remember that detentions are voluntary unless you verbally ask to leave. Any time police detain you, it's a good idea to ask if you're free to go. If the officer says you may leave, it's up to you to leave the scene of the encounter. If you choose to stay, the detention is automatically legal.
Resisting arrest is just like it sounds. If police have probable cause to arrest you and you delay or resist them in any way, you can be charged with a misdemeanor of resisting arrest. Examples of resisting arrest include running away from police or providing an officer with a false ID.
Be aware that officers may threaten to arrest you if you refuse to comply with a search request or refuse to answer their questions. Don't get tricked. You always have the right to refuse police searches ("Officer, I don't consent to any searches") and refuse to answer questions without a lawyer present. ("I have nothing to say. I want to see a lawyer.")
Also, be aware that just touching an officer could get you tasered or beaten and stuck with a felony charge for assaulting a police officer.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
No. If you're arrested you have the right to remain silent and to see an attorney.
If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.
If you are innocent, it is especially important not to talk to the police until you have a lawyer. Our prisons are full of people who claim they are innocent, and many of those people are actually telling the truth.
To learn more, watch the famous "Never Talk to the Police" lecture by Regent University Law School Professor James Duane. It's followed up by an equally compelling lecture by Officer George Bruch who talks about how he successfully interrogates suspects.
If you're arrested you have the right to remain silent. You have the right to an attorney. You have the right to be brought before a judge within 72 hours and charged. And you have the right to be treated fairly under the law.
If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.
No. Many people believe that they can "beat the case" if the officer doesn't read them their Miranda rights during an arrest. This is a myth.
The only time an officer must read a person his or her Miranda rights is when: (1) the person has been placed under arrest, AND (2) the officer is about to question the person about a crime. For example, if you're placed under arrest after consenting to a search request and confessing to ownership of found contraband, police do not need to read you your rights unless they want to question you about an unrelated crime.
The courts have made clear that police do not have to tell you about your right to refuse searches. Also, despite the myth to the contrary, an officer does not need to get your consent in writing; oral consent is completely valid.
If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.
boaters (1)
Boater’s rights vary from state to state. Unfortunately, we don’t have a good source on this, so if you find reliable information on boating rights, please send it to us.
As a general rule, treat your boat like a car and refrain from consenting to random search requests and inspections. Also, keep in mind that operating a boat while intoxicated is illegal and police take such conduct very seriously.
Canada (1)
Because U.S. law is derived from British common law, Canadian and U.K. criminal procedural laws are strikingly similar to the U.S. As such, the general suggestions for dealing with law enforcement that we describe on this site (and in our DVD, Busted: The Citizen's Guide to Surviving Police Encounters) should be useful to you.
The British Columbia Civil Liberties Association produces "The Arrest Handbook: A Guide to Your Rights" by David Eby. This handy guide uses straight-forward language to describe your rights in Canada in various common legal situations.
UK civil liberties group, Liberty, provides a comprehensive guide to your rights aptly titled, "Your Rights".
It's worth noting that our informational strategies are premised on principles of non-violent non-cooperation. When dealing with law enforcement agents, the usefulness of these strategies are universal. In other words, when dealing with police in any country it's generally a good idea to a) refuse to consent to any searches if asked to do so, (2) determine if you're free to go, and (3) if placed under arrest, refuse to answer any questions until you speak with a trusted legal advocate.
checkpoints (0)
border checkpoints (1)
Be aware that Customs and Border Protection (CBP) agents -- which are part of the Dept. of Homeland Security (DHS) -- are permitted to search you and your belongings at the U.S. border without probable cause or a search warrant. So anytime you cross the border, you consent to a search.
CBP may generally stop and search the property of anyone entering or exiting the U.S. If agents have reasonable suspicion to believe you're concealing contraband, they may search your body using pat-down, strip, body cavity, or involuntary x-ray searches.
Checkpoints Near the Border
Be aware that DHS agents have recently set up constitutionally-questionable "security checkpoints" up to 100 miles inside U.S. territory. If you should drive into one of these roadblocks, you are not required to answer the agent's questions (usually starting with "Are you a United States citizen?"). Nor are you required to consent to any searches.
Visit www.checkpointusa.org/blog to learn more about this program and check out the video below. By actively "flexing" his rights, he exposes the techniques police typically use to trick and intimidate citizens into compliance. Take note the practical necessity of flexing your rights repeatedly.
Below clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
drug checkpoints (1)
No. Drug checkpoints are a trap! The Supreme Court has ruled that random checkpoints for the purpose of finding illegal drugs are unconstitutional. However, police sometimes put up signs warning drivers of up-coming drug checkpoints and instead pull over people who make illegal u-turns or discard contraband out the window. If you see a sign saying “Drug Checkpoint Ahead”, just keep driving and don’t panic. If there’s a rest area following the sign, DO NOT pull into it. If you do, you’ll find yourself surrounded by drug-sniffing dogs.
Police departments, especially in the Mid-west, have been pushing their luck with this tactic, so if you encounter anything resembling an actual drug checkpoint, please contact that state’s ACLU Chapter. Similarly, if you’re arrested as a result of a real or fake “drug checkpoint”, you must contact an attorney to explore your legal options.
See more Flex commentary about drug checkpoints here.
DUI checkpoints (1)
Sobriety checkpoints -- also known as DUI checkpoints -- are the most common roadblocks you might encounter. They function as a general purpose investigatory tactic where police can get a close look at passing motorists by detaining them briefly. A roadblock stop is quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to peer into the vehicle for a moment.
Remember that your constitutional rights still apply in a roadblock situation. Though police are permitted to stop you briefly, they may not search you or your car unless they have probable cause or you agree to the search. Keep in mind that if you’re driving under the influence, your constitutional rights provide very little protection in this situation.
Since the Supreme Court’s ruling in Illinois v. Caballes police have more leeway to use drug-sniffing dogs in roadblock situations. There’s no need to waive your rights simply because dogs are present. But be advised that your legal options are limited if you're arrested as a result of a dog sniff during a roadblock.
Also keep in mind that police closely monitor cars approaching the roadblock. So you’re not likely to have any success trying to evade it.
Sobriety checkpoints are generally permitted by the courts, but only if conducted properly. If you’re arrested at a police roadblock always consult an attorney before confessing or agreeing to a plea bargain. There might be some legal options that your lawyer can pursue.
college dorm (1)
College students suffer from an unfortunate lack of privacy rights in many situations. Dorms are the property of the university, thus school officials and campus police tend to feel a sense of entitlement with regards to entering student housing.
The rental agreement for your dorm room should specify when school officials may and may not enter, so make sure you're familiar with the terms of your lease and keep a copy on hand. In many cases, student housing affords less privacy protection than a standard rental agreement, so be mindful of the potential for random inspections and other intrusions that are common on college campuses.
Campus policies are written and enforced differently from one school to the next, so it's wise to familiarize yourself with the rules and the people who enforce them. Although the campus environment may reduce individual privacy, it provides great opportunities to get to know school officials and security staff. Building good relationships with the people around you is the best strategy for preventing problems before they occur.
Regardless of the specific policies and practices at your school, there's generally no harm in attempting to protect your privacy by politely refusing searches and declining to incriminate yourself. We've heard many success stories from college students who asserted their rights, so remember that keeping calm and knowing the rules will help improve your odds of avoiding problems.
Finally, we've observed that marijuana smoking is the quickest and easiest way to get in trouble in your dorm. Many schools put significant resources into catching and punishing marijuana users on campus, often resulting in severe sanctions such as arrest, removal from the dorms, suspension, urine testing, fines, parental notification, etc.
copyright (1)
All Flex Your Rights educational materials -- including original web content and videos -- are licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License.
Under the terms of our license, you are free to copy, distribute, and display Flex Your Rights materials for non-commercial purposes. If you have additional questions, you may refer to the specific terms of the license.
detention (2)
That depends. The answer is as long as it reasonably takes police to conduct the investigation. If you choose to challenge a detention, your lawyer will have to argue that police kept you longer than necessary under the circumstances. If the judge agrees, any criminal charges that resulted from your detention will likely be dropped.
Remember that detentions are voluntary unless you verbally ask to leave. Any time police detain you, it's a good idea to ask if you're free to go. If the officer says you may leave, it's up to you to leave the scene of the encounter. If you choose to stay, the detention is automatically legal.
If they have reasonable suspicion to detain you, police may conduct a pat down (frisk) of the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed.
If they feel a hard item that might be a weapon, police may reach into your pockets. Sometimes officers reach into suspects' pockets looking for drugs even if they don't feel a weapon. This is common, but it's illegal.
Police may ask you to reveal the contents of your pockets. Just like other search requests, you have the right to refuse.
(See also "How to Deal with Police on the Street")
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
drug dogs (1)
Your rights do not disappear if the officer threatens to call in the dogs, so don’t let this all-too-common tactic intimidate you into consenting to search requests.
Usually, the officer won't have a police dog on hand and he needs reasonable suspicion to detain you while waiting for the K-9 unit. Before the dogs arrive, you have the right to determine if you can leave by asking "Officer, am I free to go?" If the officer refuses and detains you until the dogs come, you have the right to remain silent and refuse to consent to any searches.
If a K-9 unit arrives, you have the right the right to refuse to consent to a dog sniff, even if the officer claims you have to. Be aware that unlocking your car at the officer's request or handing the officer your keys is the same as consenting to a search. You always have the right to refuse by stating "Officer, I don't consent to any searches." Repeat, if necessary.
If a judge determines that officer had no justification to detain you until the dog arrived, any evidence discovered by the dog can be thrown out in court.
For Flex's take on the most recent Supreme Court ruling on dog sniffs, click here.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
drugs (0)
marijuana (1)
This is a tough situation. Smelling marijuana does give police probable cause to search your car. For this reason, police are quick to claim that they smell something and sometimes they might even lie about it. All you can really do is say, "Officer, I have nothing to hide, but I don't consent to any searches." If they search you anyway and something is found, you'll need an attorney to help you fight the charges.
Unfortunately, police sometimes use tricks like this to circumvent your constitutional rights and there's no perfect way to handle the situation. Of course, they are most likely to do this if they are suspicious of you for some reason, so do your best to stay calm. In many cases, the officer will mention marijuana just to see how you react. If you appear nervous, the officer's suspicions will escalate.
Police often think they can tell by looking at you whether you're a "pothead," so be extra careful if there's anything about your appearance that might draw their attention. How you dress and what kind of vehicle you drive is a personal choice, but police definitely look out for certain "stoner" stereotypes. If your look makes you stick out, you should think carefully about what items to keep in the car with you.
Finally, never smoke marijuana in or around your car. At Flex Your Rights, we hear many stories from people who've been arrested, and smoking marijuana in public places like vehicles is the #1 cause of avoidable arrests.
DUI (1)
In addition to threatening your safety and the safety of others, drunk driving is one of the easiest ways to create overwhelming legal problems for yourself. DUI laws vary from state to state, and they have become increasingly harsh over the years.
Refusal of breathalyzer and sobriety tests generally carries a punishment equivalent to being found guilty of DUI. While drunk driving enthusiasts often tout "silver bullet" strategies for beating DUIs, there’s really nothing you can do except find a good lawyer and hope you get your driver’s license back someday. The best way to learn your state’s DUI laws and find a local DUI attorney is to run an Internet search for "DUI + (your state)."
(See also "Are sobriety checkpoints constitutional")
entrapment (1)
Entrapment is a legal defense -- like insanity or self-defense -- in which the defendant argues that police caused him/her to commit the crime. In other words, entrapment claims the police conceived the idea for the crime and provided the means, motive and or opportunity for the defendant to do the criminal act.
A famous entrapment case involved John DeLorean, the designer of the eponymous silver sports car featured in the Back to the Future Movies. At the time, DeLorean's car company was in deep financial trouble. Seizing upon this knowledge, FBI agents approached DeLorean, who had no prior criminal record. They convinced him to distribute cocaine promising that the profits would be enough to save the company.
After DeLorean's lawyers raised the entrapment defense, he was found not guilty of illegal drug trafficking.
For laypeople, the concept of entrapment is a common source of confusion. For example, a drug defendant caught in a "buy and bust" sting involving undercover officers could not successfully use the entrapment defense in court. Such a defendant could not credibly claim that he'd otherwise be unable or unwilling to buy drugs elsewhere.
There are several factors that the judge will take into account when deciding an entrapment case, including the defendant's ability to commit the act and whether or not the defendant has committed similar crimes in the past. For example, an entrapment defense will fail if the defendant committed the crime skillfully, because this shows that they know what they are doing.
frisk (2)
If police detain and frisk you, you have the right to clearly state your refusal to consent to the search. For example, you may say "Officer, I'm not resisting. I do not consent to this search."
But you should only verbally refuse. Never physically resist. Just touching an officer could get you tasered or beaten. You could also get a felony charge for assaulting a police officer.
If you believe you were wrongly frisked, consider filing a police misconduct report.
(See also "When are police allowed to frisk me?" and "How to Deal with Police on the Street")
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
If they have reasonable suspicion to detain you, police may conduct a pat down (frisk) of the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed.
If they feel a hard item that might be a weapon, police may reach into your pockets. Sometimes officers reach into suspects' pockets looking for drugs even if they don't feel a weapon. This is common, but it's illegal.
Police may ask you to reveal the contents of your pockets. Just like other search requests, you have the right to refuse.
(See also "How to Deal with Police on the Street")
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
history (3)
The Fifth Amendment Self-incrimination Clause
"...No person... shall be compelled in any criminal case to be a witness against himself or be deprived of life liberty or property without due process of law..."
The right against self-incrimination has ancient roots in common law dating back to biblical times. While most provisions of the Fifth Amendment, such as the right to a jury trial and the right against double jeopardy, impose restrictions upon our courthouses, the right against self-incrimination has a profound effect upon the behavior of law-enforcement officers as they investigate crimes. For this reason, the meaning of the self-incrimination clause has remained one of the most controversial issues in criminal procedure since the Supreme Court's ruling in Miranda v. Arizona.
At this time, the Supreme Court requires that police inform all criminal suspects of their right to remain silent prior to interrogation. This right extends from the point of arrest throughout the suspect's involvement in the criminal justice system. While many in the law-enforcement community feel that this restriction unfairly limits the ability of police and prosecutors to obtain convictions, studies have shown that conviction rates have not changed significantly since the Court first required police to inform arrestees of their right against self-incrimination.
The Sixth Amendment Right to Counsel Clause
"In all criminal proceedings, the accused shall enjoy the right…to have the assistance of counsel for his defense."
The Sixth Amendment right to counsel is a critical component of the Bill of Rights in that it provides the accused with a lawyer who is trained in the legal process and can provide a safeguard against violations of the suspect's other Bill of Rights protections. Interestingly, it was not until 1963 that the Supreme Court held that states must provide a lawyer for all felony suspects who may otherwise be unable to afford one.
Today, all person charged with a serious crime in the United States enjoy the assistance of a defense attorney regardless of economic status. State-employed public defenders represent clients who cannot afford their own attorneys, and contrary to popular belief, achieve roughly equal outcomes for their clients compared to privately-hired lawyers.
The Relationship Between Self-incrimination and the Right to Counsel
Many Americans, particularly young people, have become cynical about police practices and our legal system. It's not uncommon to lose hope when arrested or even become angry at the officer or the law he is enforcing. But don't despair; it's essential to remember that our legal system does provide services for the accused.
If you're arrested, it cannot be overstated how important it is to wait for legal advice before attempting to discuss a criminal charge with police.
Never rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
The Fifth Amendment Self-incrimination Clause
"...No person... shall be compelled in any criminal case to be a witness against himself or be deprived of life liberty or property without due process of law..."
The right against self-incrimination has ancient roots in common law dating back to biblical times. While most provisions of the Fifth Amendment, such as the right to a jury trial and the right against double jeopardy, impose restrictions upon our courthouses, the right against self-incrimination has a profound effect upon the behavior of law-enforcement officers as they investigate crimes. For this reason, the meaning of the self-incrimination clause has remained one of the most controversial issues in criminal procedure since the Supreme Court's ruling in Miranda v. Arizona.
At this time, the Supreme Court requires that police inform all criminal suspects of their right to remain silent prior to interrogation. This right extends from the point of arrest throughout the suspect's involvement in the criminal justice system. While many in the law-enforcement community feel that this restriction unfairly limits the ability of police and prosecutors to obtain convictions, studies have shown that conviction rates have not changed significantly since the Court first required police to inform arrestees of their right against self-incrimination.
The Sixth Amendment Right to Counsel Clause
"In all criminal proceedings, the accused shall enjoy the right…to have the assistance of counsel for his defense."
The Sixth Amendment right to counsel is a critical component of the Bill of Rights in that it provides the accused with a lawyer who is trained in the legal process and can provide a safeguard against violations of the suspect's other Bill of Rights protections. Interestingly, it was not until 1963 that the Supreme Court held that states must provide a lawyer for all felony suspects who may otherwise be unable to afford one.
Today, all person charged with a serious crime in the United States enjoy the assistance of a defense attorney regardless of economic status. State-employed public defenders represent clients who cannot afford their own attorneys, and contrary to popular belief, achieve roughly equal outcomes for their clients compared to privately-hired lawyers.
The Relationship Between Self-incrimination and the Right to Counsel
Many Americans, particularly young people, have become cynical about police practices and our legal system. It's not uncommon to lose hope when arrested or even become angry at the officer or the law he is enforcing. But don't despair; it's essential to remember that our legal system does provide services for the accused.
If you're arrested, it cannot be overstated how important it is to wait for legal advice before attempting to discuss a criminal charge with police.
Never rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized."
The Fourth Amendment protection against "unreasonable searches and seizures" was adopted as a protection against the widespread invasions of privacy experienced by American colonists at the hands of the British Government. So-called "writs of assistance" gave royal officers broad discretion to conduct searches of the homes of private citizens, primarily as a way of discovering violations of strict British customs laws. This practice led to a unique awareness among our Founding Fathers of the threat to individual liberty and privacy that is created by unchecked government search powers.
Today, the Fourth Amendment has lost its preferred status among our cherished Bill of Rights Protections. In recent decades, growing concerns regarding crime and public safety in America have forced our Courts to sacrifice the privacy rights contained in the Constitution with the ever-expanding demands of law-enforcement interest. The Supreme Court's rulings in Fourth Amendment cases demonstrate the challenge involved in reconciling these competing ideals.
Ultimately, the Constitution's prohibition against unreasonable searches and seizures has been stripped in recent years and tailored to suit the needs of modern law enforcement as we wage wars against drugs and terrorism. For this reason, it is important for conscientious citizens to be familiar with the lawful parameters of police authority to conduct searches, as well as the legal doctrines by which that authority is limited.
home entry (5)
Don't be intimidated by police at your door. These rules will help protect your rights and improve your odds of avoiding a home search.
No Warrant, No Search!
The Supreme Court has ruled that the home is entitled to maximum search protection. Even if they have probable cause to believe something illegal is going on inside your home, the 4th Amendment requires police to get a signed search warrant from a judge to legally enter and search.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
The major exception to the search warrant requirement is where consent is given to an officer's request to enter. If, for example, an officer is legally invited into your home, any illegal items that are out in the open -- or in "plain view" -- can be seized as evidence, which can lead to an arrest. That being the case, it's always wise to keep any private items that you don't want others to see out of view of your entrance area.
Don't Let Them Inside
It's a good safety habit to determine who is at your door before opening it. If after looking out the window, through your peephole, or asking "Who is it?" you find police at your door, you have several options that may help keep them from unexpectedly entering.
1). If you're concerned they might try to force an entry, you may great them outside after exiting through another door.
2). You may speak with officers through the opening protected by your chain lock.
3). If police come to your door and you don't require their help, you may simply decline to answer the door at all. Unless they have a warrant, they will eventually leave.
Determine the Reason for the Visit
While you might not be pleased to have police at your door, it's wise to treat them as you would any other unexpected visitor. Calmly and respectfully ask, "How can I help you?"
In many cases, an officer's visit will have little to do with you or be something you can easy fix. For example, an officer may be seeking information about a crime committed in your neighborhood. Or she might be responding to a noise complaint. If so, it's wise to apologize for the inconvenience, then turn down the music or bring in your barking dog from the backyard.
In other instances, an officer might want to investigate activities taking place in your home and ask to enter. You might even be a suspect in a criminal investigation. In such a case you should remain silent -- except to say "Officer, I can't let you inside without a search warrant." Following such an encounter, you should immediately contact a lawyer before speaking to police again.
Educate Friends & Family
As is often the case, a naïve friend, family member, or roommate may invite police into your home. They too should be aware of their right to refuse police entry. (See "Can someone else consent to a search of my property?")
College students suffer from an unfortunate lack of privacy rights in many situations. Dorms are the property of the university, thus school officials and campus police tend to feel a sense of entitlement with regards to entering student housing.
The rental agreement for your dorm room should specify when school officials may and may not enter, so make sure you're familiar with the terms of your lease and keep a copy on hand. In many cases, student housing affords less privacy protection than a standard rental agreement, so be mindful of the potential for random inspections and other intrusions that are common on college campuses.
Campus policies are written and enforced differently from one school to the next, so it's wise to familiarize yourself with the rules and the people who enforce them. Although the campus environment may reduce individual privacy, it provides great opportunities to get to know school officials and security staff. Building good relationships with the people around you is the best strategy for preventing problems before they occur.
Regardless of the specific policies and practices at your school, there's generally no harm in attempting to protect your privacy by politely refusing searches and declining to incriminate yourself. We've heard many success stories from college students who asserted their rights, so remember that keeping calm and knowing the rules will help improve your odds of avoiding problems.
Finally, we've observed that marijuana smoking is the quickest and easiest way to get in trouble in your dorm. Many schools put significant resources into catching and punishing marijuana users on campus, often resulting in severe sanctions such as arrest, removal from the dorms, suspension, urine testing, fines, parental notification, etc.
The Supreme Court has ruled that the home is entitled to maximum protection from police searches and seizures. Specifically, the court has ruled that even if police have probable cause to believe that something illegal is going on inside your home, the 4th Amendment requires them to get a signed warrant from a judge to legally enter and search.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
The major exception to the search warrant requirement is where consent is given to an officer's request to enter. If, for example, an officer is legally invited into your home, any illegal items that are out in the open -- or in "plain view" -- can be seized as evidence, which can lead to an arrest. That being the case, it's always wise to keep any private items that you don't want others to see out of view of your entrance area.
As is often the case, a naïve friend, family member, or roommate may invite police into your home. So they too should be aware of their right to refuse police entry.
The other less frequently invoked exception to the warrant requirement falls under the category of emergency -- or exigent -- circumstances where there's immediate danger. For example, if police enter your home in pursuit of a violent criminal suspect, any illegal items in plain view many be seized as evidence.
(See also "How do I keep police from searching my home?" & "Can someone else consent to a search of my property?")
This depends on the circumstances. The Supreme Court has ruled that any occupant of a residence can refuse consent, even if other roommates agree to a search. Unfortunately, you must be present in order to assert your refusal. For this reason, it’s important to make sure that your roommates understand their 4th Amendment rights in case something happens when you’re not around. You may want to talk to your roommates about how to handle police visits and reach an agreement about how to handle such situations just in case.
As a general rule, police can obtain consent to search from anyone with control over the property. Someone who has a key, or whose name appears on the lease, can legally consent to a search of the property if no one else is present, or if no one else objects. If you rent the property, be advised that your landlord can also let the police in.
Finally, keep in mind that the courts often determine your “expectation of privacy” on a case-by-case basis. Keeping your room locked and maintaining control of your personal space can help protect you if a roommate ever lets police in. If your room is off-limits to your roommates and their friends, courts will often rule that it is off-limits to police as well.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
Don't be intimidated by police at your door. These rules will help protect your rights and improve your odds of avoiding a home search.
No Warrant, No Search!
The Supreme Court has ruled that the home is entitled to maximum search protection. Even if they have probable cause to believe something illegal is going on inside your home, the 4th Amendment requires police to get a signed search warrant from a judge to legally enter and search.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
The major exception to the search warrant requirement is where consent is given to an officer's request to enter. If, for example, an officer is legally invited into your home, any illegal items that are out in the open -- or in "plain view" -- can be seized as evidence, which can lead to an arrest. That being the case, it's always wise to keep any private items that you don't want others to see out of view of your entrance area.
Don't Let Them Inside
It's a good safety habit to determine who is at your door before opening it. If after looking out the window, through your peephole, or asking "Who is it?" you find police at your door, you have several options that may help keep them from unexpectedly entering.
1). If you're concerned they might try to force an entry, you may great them outside after exiting through another door.
2). You may speak with officers through the opening protected by your chain lock.
3). If police come to your door and you don't require their help, you may simply decline to answer the door at all. Unless they have a warrant, they will eventually leave.
Determine the Reason for the Visit
While you might not be pleased to have police at your door, it's wise to treat them as you would any other unexpected visitor. Calmly and respectfully ask, "How can I help you?"
In many cases, an officer's visit will have little to do with you or be something you can easy fix. For example, an officer may be seeking information about a crime committed in your neighborhood. Or she might be responding to a noise complaint. If so, it's wise to apologize for the inconvenience, then turn down the music or bring in your barking dog from the backyard.
In other instances, an officer might want to investigate activities taking place in your home and ask to enter. You might even be a suspect in a criminal investigation. In such a case you should remain silent -- except to say "Officer, I can't let you inside without a search warrant." Following such an encounter, you should immediately contact a lawyer before speaking to police again.
Educate Friends & Family
As is often the case, a naïve friend, family member, or roommate may invite police into your home. They too should be aware of their right to refuse police entry. (See "Can someone else consent to a search of my property?")
how-to (8)
Don't be intimidated by police at your door. These rules will help protect your rights and improve your odds of avoiding a home search.
No Warrant, No Search!
The Supreme Court has ruled that the home is entitled to maximum search protection. Even if they have probable cause to believe something illegal is going on inside your home, the 4th Amendment requires police to get a signed search warrant from a judge to legally enter and search.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
The major exception to the search warrant requirement is where consent is given to an officer's request to enter. If, for example, an officer is legally invited into your home, any illegal items that are out in the open -- or in "plain view" -- can be seized as evidence, which can lead to an arrest. That being the case, it's always wise to keep any private items that you don't want others to see out of view of your entrance area.
Don't Let Them Inside
It's a good safety habit to determine who is at your door before opening it. If after looking out the window, through your peephole, or asking "Who is it?" you find police at your door, you have several options that may help keep them from unexpectedly entering.
1). If you're concerned they might try to force an entry, you may great them outside after exiting through another door.
2). You may speak with officers through the opening protected by your chain lock.
3). If police come to your door and you don't require their help, you may simply decline to answer the door at all. Unless they have a warrant, they will eventually leave.
Determine the Reason for the Visit
While you might not be pleased to have police at your door, it's wise to treat them as you would any other unexpected visitor. Calmly and respectfully ask, "How can I help you?"
In many cases, an officer's visit will have little to do with you or be something you can easy fix. For example, an officer may be seeking information about a crime committed in your neighborhood. Or she might be responding to a noise complaint. If so, it's wise to apologize for the inconvenience, then turn down the music or bring in your barking dog from the backyard.
In other instances, an officer might want to investigate activities taking place in your home and ask to enter. You might even be a suspect in a criminal investigation. In such a case you should remain silent -- except to say "Officer, I can't let you inside without a search warrant." Following such an encounter, you should immediately contact a lawyer before speaking to police again.
Educate Friends & Family
As is often the case, a naïve friend, family member, or roommate may invite police into your home. They too should be aware of their right to refuse police entry. (See "Can someone else consent to a search of my property?")
A traffic stop can be stressful and terrifying -- especially if you're not prepared. These rules will help protect your rights and improve your odds of driving away safely.
Always Be Calm & Cool
If police flag you down, pull over immediately, turn off your car, and place your hands on the wheel. Police like to see your hands for their own safety -- so wait until they request your paperwork before reaching for it. At night, it's also a good idea to turn on the dome light, so the officer can see you're not armed.
Clip from the DVD BUSTED: The Citizen's Guide to Surviving Police Encounters
Always greet policemen and policewomen as "Officer". For example, you may start off with "Good afternoon, Officer. How's it going today?" Under no circumstances should you ever talk back, raise your voice, or use profanity with a police officer. Being hostile with police is stupid and dangerous. You can't win that game.
If the officer writes you a ticket, accept it quietly and never complain. Listen to any instruction on paying the fine or contesting the ticket, and drive away slowly.
Remain Silent: What You Don't Say Can't Hurt You
Police may try to get you to admit to having broken a law. For example, an officer may ask, "Do you know how fast you were going?"
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
You may assert your 5th Amendment protection against self-incrimination by refusing to admit you might have broken a law. As such, the best answer to that and similar questions is "No, Officer."
Because anything you say can and will be used against you in court, the less you say the better. You also don't want to announce to police that you know your rights. They'll take that as a challenge. Just keep quiet and calm.
You Have the Right to Refuse Search Requests
Police may order the driver and any passengers out of the vehicle. If this happens, step out of the car. If they have reasonable suspicion to detain you, police may frisk the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed.
If police detain and frisk you, you have the right to clearly state your refusal to consent to the search. For example, you may say "Officer, I'm not resisting. I do not consent to this search." But you should only verbally refuse. Never physically resist. Just touching an officer could get you tasered or beaten. You could also get a felony charge for assaulting a police officer.
Whether or not they frisk you, an officer may ask you a series of questions, which may include something like "You don't mind if I have a look in your car?" While this might sound like a command, it's usually a request -- and the 4th Amendment protects your right to refuse search requests. (See also "When are police allowed to search my car?")
In response to such request, you may politely decline by saying "Officer, I know you're just doing your job, but I don't consent to searches." Some officers may use their authority to make you feel obligated to prove your innocence by asking "What do you have to hide?" Don't fall for such tricks. If necessary, repeat your refusal.
Refusing a search request is not an admission of guilt and does not give the officer the legal right to search or detain you. In fact, most avoidable police searches don't occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests.
The 4th Amendment protects your right to refuse search requests, but you must clearly state your refusal for the protection to legally apply.
(See also "If I'm not doing anything wrong, why not let police search me?")
Determine if You're Free to Go
Unless you're detained or arrested, you may terminate the encounter anytime. But don't wait for the officer to dismiss you. Ask if you're free to go.
For example, if an officer threatens to call in a K-9 unit if you refuse a search, you should ask "Officer, are you detaining me, or am I free to go?"
Not only can this line can help withdraw you from an encounter, it also deflects any of the officer's probing questions or threats. So if an officer says "If you cooperate with me, everything will go easy for you." You may respond by saying either "Officer, I don't consent to any searches" or "Officer, am I free to go?"
If the officer lets you leave, do so immediately. If the officer's answer is unclear, or if he asks additional questions, persist by repeating "Officer, am I free to go?"
Ask for a Lawyer
If you are not free to go, you are being detained. The officer might have some reason to suspect you of a crime, and you may be arrested.
In such a situation, your magic words are "I'm going to remain silent. I wold like to see a lawyer." These magic words are like a legal condom. They're your best protection if you're under arrest.
Never rely on police to inform you of your right to remain silent and see a lawyer. Repeat the magic words as necessary, but say no more. Remember that anything you say can and will be used against you in court.
In any given public police encounter, the below rules will help protect your rights and improve your odds of walking away safely.
Determine the Reason You've Been Stopped
Just as police may approach a citizen and initiate a conversation, you have the right to terminate such "voluntary" conversations. Legally, an officer must have reasonable suspicion to believe you're engaged in criminal activity in order to escalate the encounter into a legal detention.
Clip from the DVD, Busted: The Citizen's Guide to Surviving Police Encounters
But because officers are not required to tell you if you're free to leave a voluntary encounter, it's up to you to determine if you're being detained or if you're free to go. Before answering an officer's questions, you may courteously ask "Officer, am I free to go?" If you're free to go, then go. If the officer's answer is unclear or she asks additional questions, persist by repeating "Officer, am I free to go?"
If you're not free to go, you are being detained. The officer might have some reason to suspect you of a crime, and you may be arrested. In such a situation, your magic words are "I'm going to remain silent. I would like to see a lawyer." These magic words are like a legal condom. They're your best protection if you're under arrest.
Never rely on police to inform you of your right to remain silent and see a lawyer. Repeat the magic words as necessary, but say no more. Remember that anything you say can and will be used against you in court.
Always Be Calm & Cool
Under no circumstances should you ever talk back, raise your voice, or use profanity with a police officer. Being hostile with police is stupid and dangerous. You can't win that game.
You Have the Right to Refuse Search Requests
If they have reasonable suspicion to detain you, police may frisk the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed.
If police frisk you, you have the right to clearly state your refusal to consent to the search. For example, you may say "Officer, I'm not resisting. I do not consent to this search." But you should only verbally refuse. Never physically resist. Just touching an officer could get you tasered or beaten. You could also get a felony charge for assaulting a police officer.
Refusing a search request is not an admission of guilt and does not give the officer the legal right to search or detain you. In fact, most avoidable police searches don't occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests.
The 4th Amendment protects your right to refuse search requests, but you must clearly state your refusal for the protection to legally apply.
(See also "If I'm not doing anything wrong, why not let police search me?")
Don't Run!
If you see police approaching, don't run under any circumstances. If police see someone running away, especially in a "high-crime" neighborhood, that gives them reasonable suspicion to immediately chase and stop him. Sometimes people fleeing the police out of panic have even been shot at.
If you see police approaching, stand your ground, and be prepared to assert your rights. But don’t run.
Can I See Some ID?
During a street encounter, police may request to see your ID. While there are no state laws requiring citizens to carry ID of any kind, many states require you to identify yourself if police have reasonable suspicion to believe you're you're involved in criminal activity.
But how would you know if an officer asking you do identify yourself has reasonable suspicion? Remember, police need reasonable suspicion to detain you. One way to tell if they have reasonable suspicion is to determine if you're free to go. You may do this by asking "Officer, are you detaining me, or am I free to go?" Repeat, if necessary.
If the officer says you’re free to go, leave immediately and refrain from answering any additional questions.
If you're detained, you'll have to decide whether withholding your identity is worth the possibility of arrest or a prolonged detention. For example, in cases of mistaken identity, revealing who you are might help to resolve the situation quickly. Knowing your state's laws can help you make the best choice.
(See "When do I have to show police ID?")
If you feel that your rights have been violated by police, or you've witnessed misconduct against someone else, do not panic. It's normal to be intimidated, but responding to misconduct is an essential step towards protecting yourself and your community from future police abuse.
There are several steps to the process of combating police misconduct, and you must approach them in a calm and organized manner.
Step 1: Write everything down
This step is extremely important and must be completed as soon as possible following the incident. It’s easy to forget small details over time, and there’s no way to know which facts will make a difference later on.
In your own words describe everything that took place from the very beginning of the police encounter to the end. When quoting yourself or the officer try to use exact words. Be specific about the location, time of day, etc. Replay the events slowly in your head to help remember as many details as possible.
Also include witness’s names and contact information and the officers’ names, physical descriptions, and badge numbers. If necessary, be prepared to return to the scene of the incident in search of possible witnesses. Doing so may also help jog your memory about other important details.
Include only the facts that you're sure about and be very careful to avoid any inaccuracies because these can damage your credibility and undermine the entire report.
Step 2: Consult with an attorney
This step is essential if you were arrested following the incident. It is optional, but recommended, if you were not arrested.
Victims of police misconduct are often vigorously prosecuted in order to gain leverage in case the victim files a lawsuit. If you’re caught in a situation like this, you need a good police misconduct attorney immediately. Avoid attorneys who work in many different areas of the law. Click here for a list of attorneys who specialize in handling cases of police misconduct.
Police misconduct cases are challenging, and lawyers meet a lot of difficult people, so separate yourself from the pack by being calm and well-organized. The materials you prepared in Step 1 will help demonstrate that you are a competent defendant whose case is worth taking.
Whether or not you were not charged with a crime following the incident, you may still wish to pursue a civil suit against the police department. An attorney will help you determine whether you have a strong enough case. Proving police misconduct is extremely difficult, so your attorney will choose whether to proceed based on the strength of the evidence, rather than the severity of the misconduct. This type of case is often taken on contingency, meaning that you won’t have to pay any legal fees and your lawyer gets paid only if he or she wins a settlement from the police department. Do not become upset if you can’t find an attorney to take your case, simply proceed to Step 3.
Step 3: File a Police Misconduct Report
This step cannot begin until all criminal charges and civil actions have been resolved. Filing a police misconduct report prematurely will hurt your chances in court by revealing too much information to the police. Of course, if you weren’t charged with a crime and you’re not suing, the complaint should be filed right away.
The materials you prepared in Step 1 will form the body of your complaint. You’ll be glad you wrote it down back then, because you might be filing your complaint weeks or months after the incident.
Where to file your complaint depends on your jurisdiction, but there’s usually a citizen review board or an office within the police department that accepts them. Entering “police complaint” + “(name of your town or city)” into Google will usually direct you to the correct office. If your town has a civilian review board and an office within the police department that both accept complaints, you should send your report to both offices.
Also take note of whether there’s an official form that you’re required to use. If so, you may have to transfer the information you wrote down in Step 1 onto the correct form. Failing to do so could result in your complaint being rejected arbitrarily. In some areas you might have to call or visit a police office in order to obtain the proper form. When doing so, refrain from discussing the nature of your complaint with any police officer. Police might try to intimidate you by claiming that your particular complaint has no merit. Worse, they may warn the officers involved, which could lead to a cover-up.
Finally, before sending your complaint, be sure to make copies and place them in a secure location. Send your complaint by certified mail so the police cannot deny having received it. You should also send copies to your local ACLU and NAACP chapters.
Finally, keep in mind that filing a complaint does not ensure a prompt response from the police department or civilian monitoring agency. Police departments receive many complaints, so your concerns won’t necessarily receive the individual attention they may deserve.
Remember that your complaint creates documentation of an incident and could be used in conjunction with other complaints to illustrate a pattern of misconduct. This information is useful to community activists who work to prevent systemic police abuse in your community. Similarly, your complaint could become relevant in the future if the same officer is accused of additional misconduct. In short, your complaint is important even if you don't get a response.
A traffic stop can be stressful and terrifying -- especially if you're not prepared. These rules will help protect your rights and improve your odds of driving away safely.
Always Be Calm & Cool
If police flag you down, pull over immediately, turn off your car, and place your hands on the wheel. Police like to see your hands for their own safety -- so wait until they request your paperwork before reaching for it. At night, it's also a good idea to turn on the dome light, so the officer can see you're not armed.
Clip from the DVD BUSTED: The Citizen's Guide to Surviving Police Encounters
Always greet policemen and policewomen as "Officer". For example, you may start off with "Good afternoon, Officer. How's it going today?" Under no circumstances should you ever talk back, raise your voice, or use profanity with a police officer. Being hostile with police is stupid and dangerous. You can't win that game.
If the officer writes you a ticket, accept it quietly and never complain. Listen to any instruction on paying the fine or contesting the ticket, and drive away slowly.
Remain Silent: What You Don't Say Can't Hurt You
Police may try to get you to admit to having broken a law. For example, an officer may ask, "Do you know how fast you were going?"
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
You may assert your 5th Amendment protection against self-incrimination by refusing to admit you might have broken a law. As such, the best answer to that and similar questions is "No, Officer."
Because anything you say can and will be used against you in court, the less you say the better. You also don't want to announce to police that you know your rights. They'll take that as a challenge. Just keep quiet and calm.
You Have the Right to Refuse Search Requests
Police may order the driver and any passengers out of the vehicle. If this happens, step out of the car. If they have reasonable suspicion to detain you, police may frisk the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed.
If police detain and frisk you, you have the right to clearly state your refusal to consent to the search. For example, you may say "Officer, I'm not resisting. I do not consent to this search." But you should only verbally refuse. Never physically resist. Just touching an officer could get you tasered or beaten. You could also get a felony charge for assaulting a police officer.
Whether or not they frisk you, an officer may ask you a series of questions, which may include something like "You don't mind if I have a look in your car?" While this might sound like a command, it's usually a request -- and the 4th Amendment protects your right to refuse search requests. (See also "When are police allowed to search my car?")
In response to such request, you may politely decline by saying "Officer, I know you're just doing your job, but I don't consent to searches." Some officers may use their authority to make you feel obligated to prove your innocence by asking "What do you have to hide?" Don't fall for such tricks. If necessary, repeat your refusal.
Refusing a search request is not an admission of guilt and does not give the officer the legal right to search or detain you. In fact, most avoidable police searches don't occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests.
The 4th Amendment protects your right to refuse search requests, but you must clearly state your refusal for the protection to legally apply.
(See also "If I'm not doing anything wrong, why not let police search me?")
Determine if You're Free to Go
Unless you're detained or arrested, you may terminate the encounter anytime. But don't wait for the officer to dismiss you. Ask if you're free to go.
For example, if an officer threatens to call in a K-9 unit if you refuse a search, you should ask "Officer, are you detaining me, or am I free to go?"
Not only can this line can help withdraw you from an encounter, it also deflects any of the officer's probing questions or threats. So if an officer says "If you cooperate with me, everything will go easy for you." You may respond by saying either "Officer, I don't consent to any searches" or "Officer, am I free to go?"
If the officer lets you leave, do so immediately. If the officer's answer is unclear, or if he asks additional questions, persist by repeating "Officer, am I free to go?"
Ask for a Lawyer
If you are not free to go, you are being detained. The officer might have some reason to suspect you of a crime, and you may be arrested.
In such a situation, your magic words are "I'm going to remain silent. I wold like to see a lawyer." These magic words are like a legal condom. They're your best protection if you're under arrest.
Never rely on police to inform you of your right to remain silent and see a lawyer. Repeat the magic words as necessary, but say no more. Remember that anything you say can and will be used against you in court.
Unfortunately police sometimes search you even if you refuse consent. If they find anything illegal and you're arrested, you’ll have to get a lawyer and fight it out in court.
If the officer convinces the judge that there was probable cause to search without your consent, then the evidence will be admissible in court. If your lawyer convinces the judge that there was no probable cause, then the evidence will be thrown out and your charges will be dismissed.
Every case is unique, so it’s hard for us to tell you how good your chances are in your particular case. Your attorney should be able to tell you what to expect from the judges in your area.
If you're searched illegally and nothing is found, you may consider taking legal action or at least filing a complaint. Local attorneys, as well as your local ACLU and NAACP chapters may be able to help you.
If police detain and frisk you, you have the right to clearly state your refusal to consent to the search. For example, you may say "Officer, I'm not resisting. I do not consent to this search."
But you should only verbally refuse. Never physically resist. Just touching an officer could get you tasered or beaten. You could also get a felony charge for assaulting a police officer.
If you believe you were wrongly frisked, consider filing a police misconduct report.
(See also "When are police allowed to frisk me?" and "How to Deal with Police on the Street")
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
Don't be intimidated by police at your door. These rules will help protect your rights and improve your odds of avoiding a home search.
No Warrant, No Search!
The Supreme Court has ruled that the home is entitled to maximum search protection. Even if they have probable cause to believe something illegal is going on inside your home, the 4th Amendment requires police to get a signed search warrant from a judge to legally enter and search.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
The major exception to the search warrant requirement is where consent is given to an officer's request to enter. If, for example, an officer is legally invited into your home, any illegal items that are out in the open -- or in "plain view" -- can be seized as evidence, which can lead to an arrest. That being the case, it's always wise to keep any private items that you don't want others to see out of view of your entrance area.
Don't Let Them Inside
It's a good safety habit to determine who is at your door before opening it. If after looking out the window, through your peephole, or asking "Who is it?" you find police at your door, you have several options that may help keep them from unexpectedly entering.
1). If you're concerned they might try to force an entry, you may great them outside after exiting through another door.
2). You may speak with officers through the opening protected by your chain lock.
3). If police come to your door and you don't require their help, you may simply decline to answer the door at all. Unless they have a warrant, they will eventually leave.
Determine the Reason for the Visit
While you might not be pleased to have police at your door, it's wise to treat them as you would any other unexpected visitor. Calmly and respectfully ask, "How can I help you?"
In many cases, an officer's visit will have little to do with you or be something you can easy fix. For example, an officer may be seeking information about a crime committed in your neighborhood. Or she might be responding to a noise complaint. If so, it's wise to apologize for the inconvenience, then turn down the music or bring in your barking dog from the backyard.
In other instances, an officer might want to investigate activities taking place in your home and ask to enter. You might even be a suspect in a criminal investigation. In such a case you should remain silent -- except to say "Officer, I can't let you inside without a search warrant." Following such an encounter, you should immediately contact a lawyer before speaking to police again.
Educate Friends & Family
As is often the case, a naïve friend, family member, or roommate may invite police into your home. They too should be aware of their right to refuse police entry. (See "Can someone else consent to a search of my property?")
ID (1)
This is a tricky issue. As a general principle, citizens who are minding their own business are not obligated to "show their papers" to police. In fact, there is no law requiring citizens to carry identification of any kind.
Nonetheless, carrying an ID is generally required if you’re driving a vehicle or a passenger on a commercial airline. These requirements have been upheld on the premise that individuals who prefer not to carry ID can choose not to drive or fly.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
From here, ID laws only get more complicated. In Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court upheld state laws requiring citizens to disclose their identity to police when officers have reasonable suspicion to believe criminal activity may be taking place. Commonly known as "stop-and-identify" statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves.
As of 2008, 24 states had stop-and-identify laws. Regardless of your state's law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you're involved in criminal activity.
But how can you tell if an officer asking you to identify yourself has reasonable suspicion? Remember, police need reasonable suspicion to detain you. One way to tell if they have reasonable suspicion is to determine if you're free to go. You could do this by saying "Excuse me officer. Are you detaining me, or am I free to go?" If the officer says you’re free to go, leave immediately and refrain from answering any additional questions.
If you're detained, you'll have to decide whether withholding your identity is worth the possibility of arrest or a prolonged detention. In cases of mistaken identity, revealing who you are might help to resolve the situation quickly. On the other hand, if you're on parole in California, for example, revealing your identity could lead to a legal search. Knowing your state's laws can help you make the best choice.
Keep in mind that the officer's decision to detain you will not always hold up in court. Reasonable suspicion is a vague evidentiary standard, which lends itself to mistakes on the officer's part. If you're searched or arrested following an officer's ID request, always contact an attorney to discuss the incident and explore your legal options.
international (1)
Because U.S. law is derived from British common law, Canadian and U.K. criminal procedural laws are strikingly similar to the U.S. As such, the general suggestions for dealing with law enforcement that we describe on this site (and in our DVD, Busted: The Citizen's Guide to Surviving Police Encounters) should be useful to you.
The British Columbia Civil Liberties Association produces "The Arrest Handbook: A Guide to Your Rights" by David Eby. This handy guide uses straight-forward language to describe your rights in Canada in various common legal situations.
UK civil liberties group, Liberty, provides a comprehensive guide to your rights aptly titled, "Your Rights".
It's worth noting that our informational strategies are premised on principles of non-violent non-cooperation. When dealing with law enforcement agents, the usefulness of these strategies are universal. In other words, when dealing with police in any country it's generally a good idea to a) refuse to consent to any searches if asked to do so, (2) determine if you're free to go, and (3) if placed under arrest, refuse to answer any questions until you speak with a trusted legal advocate.
interrogation (4)
No. If you're arrested you have the right to remain silent and to see an attorney.
If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.
If you are innocent, it is especially important not to talk to the police until you have a lawyer. Our prisons are full of people who claim they are innocent, and many of those people are actually telling the truth.
To learn more, watch the famous "Never Talk to the Police" lecture by Regent University Law School Professor James Duane. It's followed up by an equally compelling lecture by Officer George Bruch who talks about how he successfully interrogates suspects.
The reason you should avoid lying to police is the same reason you should avoid talking to police. (See "If I'm innocent, should I talk to police?")
Whether or not you have information that could incriminate you or others, you should resist the urge to try to talk yourself out of a situation and try to remain silent instead. Police may not hold your silence against you as evidence of guilt.
Police are generally good at detecting lies, and getting caught in a lie may give an officer more justification to detain you. Regardless, if police are questioning you, you are probably considered a suspect and -- depending upon the situation -- you should be prepared to assert your rights by a) refusing search requests ("Officer, I don't consent to any searches."), b) determining if you are free to go ("Officer, am I free to go?"), and c) remaining silent until you see a lawyer ("I'm going to remain silent. I want to see a lawyer.").
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
Yes. It's a legally accepted -- and highly effective -- interrogation technique to lie to you and present false evidence in order to elicit a confession. This is particularly common during interrogations in which officers might tell you that "your friend already gave you up, so you might as well come clean."
The best defense against these manipulative tricks is to avoid saying anything to police without first speaking with an attorney. Use the magic words "I'm going to remain silent. I would like to see a lawyer." Repeat, if necessary.
On a related topic, it's commonly believed that undercover police have to reveal their identity when asked. This is false. Police may lie.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
The criminal justice system is composed of human beings, who are imperfect. As a result, innocent people are frequently victims of an imperfect criminal justice system that is designed to inflict harsh punishment. All too often, perfectly innocent people attempting desperately to convey their innocence create additional opportunities for their words to be used against them.
If you are innocent, it is especially important not to talk to the police until you have a lawyer. Our prisons are full of people who claim they are innocent, and many of those people are actually telling the truth.
To learn more, watch the famous "Never Talk to the Police" lecture by Regent University Law School Professor James Duane. It's followed up by an equally compelling lecture by Officer George Bruch who talks about how he successfully interrogates suspects.
lawyer (2)
No. If you're arrested you have the right to remain silent and to see an attorney.
If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.
If you are innocent, it is especially important not to talk to the police until you have a lawyer. Our prisons are full of people who claim they are innocent, and many of those people are actually telling the truth.
To learn more, watch the famous "Never Talk to the Police" lecture by Regent University Law School Professor James Duane. It's followed up by an equally compelling lecture by Officer George Bruch who talks about how he successfully interrogates suspects.
Unfortunately police sometimes search you even if you refuse consent. If they find anything illegal and you're arrested, you’ll have to get a lawyer and fight it out in court.
If the officer convinces the judge that there was probable cause to search without your consent, then the evidence will be admissible in court. If your lawyer convinces the judge that there was no probable cause, then the evidence will be thrown out and your charges will be dismissed.
Every case is unique, so it’s hard for us to tell you how good your chances are in your particular case. Your attorney should be able to tell you what to expect from the judges in your area.
If you're searched illegally and nothing is found, you may consider taking legal action or at least filing a complaint. Local attorneys, as well as your local ACLU and NAACP chapters may be able to help you.
lies (2)
The reason you should avoid lying to police is the same reason you should avoid talking to police. (See "If I'm innocent, should I talk to police?")
Whether or not you have information that could incriminate you or others, you should resist the urge to try to talk yourself out of a situation and try to remain silent instead. Police may not hold your silence against you as evidence of guilt.
Police are generally good at detecting lies, and getting caught in a lie may give an officer more justification to detain you. Regardless, if police are questioning you, you are probably considered a suspect and -- depending upon the situation -- you should be prepared to assert your rights by a) refusing search requests ("Officer, I don't consent to any searches."), b) determining if you are free to go ("Officer, am I free to go?"), and c) remaining silent until you see a lawyer ("I'm going to remain silent. I want to see a lawyer.").
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
Yes. It's a legally accepted -- and highly effective -- interrogation technique to lie to you and present false evidence in order to elicit a confession. This is particularly common during interrogations in which officers might tell you that "your friend already gave you up, so you might as well come clean."
The best defense against these manipulative tricks is to avoid saying anything to police without first speaking with an attorney. Use the magic words "I'm going to remain silent. I would like to see a lawyer." Repeat, if necessary.
On a related topic, it's commonly believed that undercover police have to reveal their identity when asked. This is false. Police may lie.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
minors (1)
Minors generally have the same rights as adults. For example, minors can refuse searches and decline to answer questions without an attorney present.
Nonetheless, minors face unique challenges when attempting to exercise these rights. Young people are highly susceptible to coercion by authority figures, and are easily convinced to waive their rights. Police will often take advantage of this by telling young people: "You’re underage. You don’t have any rights." This, of course, is a lie.
Just like adults, minors must understand and confidently assert their constitutional rights in order for these rights to protect them.
The rights of minors are also undermined by the fact that young people tend not to own property. Young people often use shared spaces, both at home and at school, which are controlled by adults. Since property owners may grant access to police and even authorize searches in many cases, young people have a reduced ability to protect their 4th Amendment rights when sharing space with others. The best protection is to clearly mark your own property so that it’s clear that it’s yours. Even your parents can’t consent to a search of something that’s clearly yours alone.
Miranda rights (1)
No. Many people believe that they can "beat the case" if the officer doesn't read them their Miranda rights during an arrest. This is a myth.
The only time an officer must read a person his or her Miranda rights is when: (1) the person has been placed under arrest, AND (2) the officer is about to question the person about a crime. For example, if you're placed under arrest after consenting to a search request and confessing to ownership of found contraband, police do not need to read you your rights unless they want to question you about an unrelated crime.
The courts have made clear that police do not have to tell you about your right to refuse searches. Also, despite the myth to the contrary, an officer does not need to get your consent in writing; oral consent is completely valid.
If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.
myths (4)
No. It's commonly believed that undercover police have to reveal their identity when asked. This is false. Police are allowed to lie in order to make arrests.
Undercover officers in particular are very skilled at manipulating suspects and concocting clever stories to conceal that they are police. Note that police can also use drugs and do other things you wouldn't expect a cop to do.
There's no trick for finding out if someone is an undercover officer. If you're concerned about this, just be careful around people you don't know and reconsider any activities that are making you nervous. The one thing all undercover cops have in common is that they want people to commit crimes. Avoid anyone who pressures you to do something illegal.
Entrapment is a legal defense -- like insanity or self-defense -- in which the defendant argues that police caused him/her to commit the crime. In other words, entrapment claims the police conceived the idea for the crime and provided the means, motive and or opportunity for the defendant to do the criminal act.
A famous entrapment case involved John DeLorean, the designer of the eponymous silver sports car featured in the Back to the Future Movies. At the time, DeLorean's car company was in deep financial trouble. Seizing upon this knowledge, FBI agents approached DeLorean, who had no prior criminal record. They convinced him to distribute cocaine promising that the profits would be enough to save the company.
After DeLorean's lawyers raised the entrapment defense, he was found not guilty of illegal drug trafficking.
For laypeople, the concept of entrapment is a common source of confusion. For example, a drug defendant caught in a "buy and bust" sting involving undercover officers could not successfully use the entrapment defense in court. Such a defendant could not credibly claim that he'd otherwise be unable or unwilling to buy drugs elsewhere.
There are several factors that the judge will take into account when deciding an entrapment case, including the defendant's ability to commit the act and whether or not the defendant has committed similar crimes in the past. For example, an entrapment defense will fail if the defendant committed the crime skillfully, because this shows that they know what they are doing.
There are many reasons to be concerned about the constitutional impact of the PATRIOT Act and War on Terror. But as far as the powers of your local sheriff or state highway patrol are concerned, they have had zero impact.
That being said, be mindful that some police officers may use the threat of terrorism to trick citizen's into believing they have enhanced search and interrogation powers. For example, police may justify a routine traffic search request by claiming "I'm just searching for guns and explosives". This is simply a cynical way to trick citizens into compliance.
Don't fall for it. You have the right to refuse search requests by asking "Officer, am I free to go." Repeat if necessary.
No. Many people believe that they can "beat the case" if the officer doesn't read them their Miranda rights during an arrest. This is a myth.
The only time an officer must read a person his or her Miranda rights is when: (1) the person has been placed under arrest, AND (2) the officer is about to question the person about a crime. For example, if you're placed under arrest after consenting to a search request and confessing to ownership of found contraband, police do not need to read you your rights unless they want to question you about an unrelated crime.
The courts have made clear that police do not have to tell you about your right to refuse searches. Also, despite the myth to the contrary, an officer does not need to get your consent in writing; oral consent is completely valid.
If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.
parolees (1)
The Supreme Court has recently upheld laws permitting searches of parolees. Currently, only California has such a law, but other states might follow suit in the near future.
In California, parolees can be visited and searched in their homes, as well as on the street. If you live with a parolee, surprise inspections are a possibility. To protect yourself, make sure that your room is kept locked and that your roommates do not have access to it. Even during a surprise visit from the probation officer, your property should not be searched if it’s clear that it was off limits to other residents.
If you’re on probation or parole, or you live with someone who is, always be mindful of the possibility of surprise inspections.
passenger's rights (1)
Traffic stops typically occur as a result of suspected moving violations committed by the driver of the vehicle. Passengers cannot be held responsible for the driver’s conduct and are generally free to leave, unless police become suspicious of them during the course of the stop.
Unfortunately, this happens frequently and the amount of evidence required to detain passengers is minimal. For this reason, passengers must remember to refuse search requests and refrain from answering questions without an attorney present. Police who suspect criminal activity will often separate the occupants of an automobile and question them separately. If their stories differ, this could lead officers to claim that they have probable cause to prolong the detention or conduct a search.
As with any other brief detention, the best way to handle this situation is to determine if you can leave by asking "Officer, are you detaining me, or am I free to go?"
PATRIOT Act (1)
There are many reasons to be concerned about the constitutional impact of the PATRIOT Act and War on Terror. But as far as the powers of your local sheriff or state highway patrol are concerned, they have had zero impact.
That being said, be mindful that some police officers may use the threat of terrorism to trick citizen's into believing they have enhanced search and interrogation powers. For example, police may justify a routine traffic search request by claiming "I'm just searching for guns and explosives". This is simply a cynical way to trick citizens into compliance.
Don't fall for it. You have the right to refuse search requests by asking "Officer, am I free to go." Repeat if necessary.
police misconduct (4)
If you feel that your rights have been violated by police, or you've witnessed misconduct against someone else, do not panic. It's normal to be intimidated, but responding to misconduct is an essential step towards protecting yourself and your community from future police abuse.
There are several steps to the process of combating police misconduct, and you must approach them in a calm and organized manner.
Step 1: Write everything down
This step is extremely important and must be completed as soon as possible following the incident. It’s easy to forget small details over time, and there’s no way to know which facts will make a difference later on.
In your own words describe everything that took place from the very beginning of the police encounter to the end. When quoting yourself or the officer try to use exact words. Be specific about the location, time of day, etc. Replay the events slowly in your head to help remember as many details as possible.
Also include witness’s names and contact information and the officers’ names, physical descriptions, and badge numbers. If necessary, be prepared to return to the scene of the incident in search of possible witnesses. Doing so may also help jog your memory about other important details.
Include only the facts that you're sure about and be very careful to avoid any inaccuracies because these can damage your credibility and undermine the entire report.
Step 2: Consult with an attorney
This step is essential if you were arrested following the incident. It is optional, but recommended, if you were not arrested.
Victims of police misconduct are often vigorously prosecuted in order to gain leverage in case the victim files a lawsuit. If you’re caught in a situation like this, you need a good police misconduct attorney immediately. Avoid attorneys who work in many different areas of the law. Click here for a list of attorneys who specialize in handling cases of police misconduct.
Police misconduct cases are challenging, and lawyers meet a lot of difficult people, so separate yourself from the pack by being calm and well-organized. The materials you prepared in Step 1 will help demonstrate that you are a competent defendant whose case is worth taking.
Whether or not you were not charged with a crime following the incident, you may still wish to pursue a civil suit against the police department. An attorney will help you determine whether you have a strong enough case. Proving police misconduct is extremely difficult, so your attorney will choose whether to proceed based on the strength of the evidence, rather than the severity of the misconduct. This type of case is often taken on contingency, meaning that you won’t have to pay any legal fees and your lawyer gets paid only if he or she wins a settlement from the police department. Do not become upset if you can’t find an attorney to take your case, simply proceed to Step 3.
Step 3: File a Police Misconduct Report
This step cannot begin until all criminal charges and civil actions have been resolved. Filing a police misconduct report prematurely will hurt your chances in court by revealing too much information to the police. Of course, if you weren’t charged with a crime and you’re not suing, the complaint should be filed right away.
The materials you prepared in Step 1 will form the body of your complaint. You’ll be glad you wrote it down back then, because you might be filing your complaint weeks or months after the incident.
Where to file your complaint depends on your jurisdiction, but there’s usually a citizen review board or an office within the police department that accepts them. Entering “police complaint” + “(name of your town or city)” into Google will usually direct you to the correct office. If your town has a civilian review board and an office within the police department that both accept complaints, you should send your report to both offices.
Also take note of whether there’s an official form that you’re required to use. If so, you may have to transfer the information you wrote down in Step 1 onto the correct form. Failing to do so could result in your complaint being rejected arbitrarily. In some areas you might have to call or visit a police office in order to obtain the proper form. When doing so, refrain from discussing the nature of your complaint with any police officer. Police might try to intimidate you by claiming that your particular complaint has no merit. Worse, they may warn the officers involved, which could lead to a cover-up.
Finally, before sending your complaint, be sure to make copies and place them in a secure location. Send your complaint by certified mail so the police cannot deny having received it. You should also send copies to your local ACLU and NAACP chapters.
Finally, keep in mind that filing a complaint does not ensure a prompt response from the police department or civilian monitoring agency. Police departments receive many complaints, so your concerns won’t necessarily receive the individual attention they may deserve.
Remember that your complaint creates documentation of an incident and could be used in conjunction with other complaints to illustrate a pattern of misconduct. This information is useful to community activists who work to prevent systemic police abuse in your community. Similarly, your complaint could become relevant in the future if the same officer is accused of additional misconduct. In short, your complaint is important even if you don't get a response.
Entrapment is a legal defense -- like insanity or self-defense -- in which the defendant argues that police caused him/her to commit the crime. In other words, entrapment claims the police conceived the idea for the crime and provided the means, motive and or opportunity for the defendant to do the criminal act.
A famous entrapment case involved John DeLorean, the designer of the eponymous silver sports car featured in the Back to the Future Movies. At the time, DeLorean's car company was in deep financial trouble. Seizing upon this knowledge, FBI agents approached DeLorean, who had no prior criminal record. They convinced him to distribute cocaine promising that the profits would be enough to save the company.
After DeLorean's lawyers raised the entrapment defense, he was found not guilty of illegal drug trafficking.
For laypeople, the concept of entrapment is a common source of confusion. For example, a drug defendant caught in a "buy and bust" sting involving undercover officers could not successfully use the entrapment defense in court. Such a defendant could not credibly claim that he'd otherwise be unable or unwilling to buy drugs elsewhere.
There are several factors that the judge will take into account when deciding an entrapment case, including the defendant's ability to commit the act and whether or not the defendant has committed similar crimes in the past. For example, an entrapment defense will fail if the defendant committed the crime skillfully, because this shows that they know what they are doing.
Unfortunately police sometimes search you even if you refuse consent. If they find anything illegal and you're arrested, you’ll have to get a lawyer and fight it out in court.
If the officer convinces the judge that there was probable cause to search without your consent, then the evidence will be admissible in court. If your lawyer convinces the judge that there was no probable cause, then the evidence will be thrown out and your charges will be dismissed.
Every case is unique, so it’s hard for us to tell you how good your chances are in your particular case. Your attorney should be able to tell you what to expect from the judges in your area.
If you're searched illegally and nothing is found, you may consider taking legal action or at least filing a complaint. Local attorneys, as well as your local ACLU and NAACP chapters may be able to help you.
Videotaping or photographing police in public places is usually legal, so long as you don’t interfere their ability to do their job. Nonetheless, police generally don't like being watched or documented and will often respond aggressively.
Citizens are frequently arrested for videotaping police, and the charges are later dropped. Regardless, video is uniquely effective in revealing guilt and exonerating the innocent -- for both police and citizens. See examples of this here, here, here, and here.
If you're videotaping or photographing police, make sure you don’t interfere. If you're arrested, “obstruction” is the most likely charge, and you’ll want to be able to defend against it.
If you acquire video or photographic evidence of police misconduct, create and secure copies of the evidence. Then forward copies to local police monitoring groups such as civilian review boards, and local ACLU, NLG, and NAACP chapters. You should also obtain legal representation for yourself in case the police department retaliates against you.
For an excellent defense of why it should never be illegal to videotape police, click here.
private security (1)
Be aware that private security personnel outnumber police officers in the United States by three to one. As a result, you may be more likely to be confronted by a security guard than by a police officer.
Private security personnel have a right to search you as a condition of entry into private property, for example. It is up to the individual to decide if a search is worth the price of admission. As long as you are free to walk away, the security personnel do not pose a threat to your constitutional rights.
Keep in mind that a security guard can turn illegal drugs over to a police officer. In such a case, the contraband could be legally used against you in court. And at the present time, the Fourth Amendment does not apply to searches carried out by non-governmental employees like private security guards.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
probable cause (1)
Probable cause is the legal standard by which a police officer has the right to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. While many factors contribute to a police officer’s level of authority in a given situation, the probable cause standard requires facts or evidence that would lead a reasonable person to believe that a suspect has committed a crime.
Common examples of probable cause include the sight or smell of contraband in plain view or plain smell, or an admission of guilt for a specific crime. The presentation of any of these facts would allow an officer to perform a search and make an arrest.
Be aware that minor traffic violations (e.g. speeding, broken tail-light, or expired registration) are not considered probable cause.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
What probable cause means to you
While there are certain situations where police need a warrant to search you or your property -- during a traffic stop, police only need probable cause to legally search your vehicle.
The major exception to the probable cause requirement for vehicle searches is consent. Most vehicle searches don't occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests.
Consenting to a search request automatically makes the search legal in the eyes of the law. And the 4th Amendment doesn't require officers to tell you about your right to refuse. So if you're pulled over, don't try to figure out whether or not the officer has probable cause to legally search you. You always have the right to refuse search requests by stating, "Officer, I don't consent to any searches." Repeat, if necessary.
If you refuse consent but the officer searches you anyway and finds illegal items, your lawyer can file a motion to suppress -- or throw out -- the evidence in court. If the judge agrees that the officer's search violated the 4th Amendment's probable cause requirements, she'll grant the motion. Unless the prosecution has other evidence, your charges would be dismissed.
(See also "What is the definition of reasonable suspicion?")
protect the innocent (4)
You have the right to let police search you. You also have the right to refuse -- the choice is yours. Before consenting to a search, you should consider the possible consequences of waiving your 4th Amendment right to refuse.
First, consider that giving police permission to search you if they have no probable cause to do so is like letting any stranger search your stuff. Searches are done quickly and often carelessly. If anything is broken you won't likely be compensated, because you agreed to the search.
Also, you never know for sure what a careless friend or family member might have left in your car at some point. We frequently hear stories where the driver was unaware of a tiny marijuana blunt left in the ashtray, which leads to an arrest. Sometimes police make arrests because they discover a single marijuana seed.
If police find any illegal items after you consent to a search request, you can be arrested even if you had nothing to do with it.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
Videotaping or photographing police in public places is usually legal, so long as you don’t interfere their ability to do their job. Nonetheless, police generally don't like being watched or documented and will often respond aggressively.
Citizens are frequently arrested for videotaping police, and the charges are later dropped. Regardless, video is uniquely effective in revealing guilt and exonerating the innocent -- for both police and citizens. See examples of this here, here, here, and here.
If you're videotaping or photographing police, make sure you don’t interfere. If you're arrested, “obstruction” is the most likely charge, and you’ll want to be able to defend against it.
If you acquire video or photographic evidence of police misconduct, create and secure copies of the evidence. Then forward copies to local police monitoring groups such as civilian review boards, and local ACLU, NLG, and NAACP chapters. You should also obtain legal representation for yourself in case the police department retaliates against you.
For an excellent defense of why it should never be illegal to videotape police, click here.
No. Refusing a search request is not an admission of guilt and does not give the officer the legal right to search or detain you.
Most avoidable police searches don't occur because police have a search warrant or probable cause. They occur because people get tricked or intimidated into consenting to search requests. Police are skilled at using their authority to make you feel obligated to prove your innocence. ("You don't have anything to hide, do you?")
Don't buy it. The 4th Amendment protects your right to refuse search requests. Use it or lose it. If an officer asks to search you, your car, or you home -- you may politely say "Officer, I know you're just doing your job, but I don't consent to searches." Repeat if necessary.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
The criminal justice system is composed of human beings, who are imperfect. As a result, innocent people are frequently victims of an imperfect criminal justice system that is designed to inflict harsh punishment. All too often, perfectly innocent people attempting desperately to convey their innocence create additional opportunities for their words to be used against them.
If you are innocent, it is especially important not to talk to the police until you have a lawyer. Our prisons are full of people who claim they are innocent, and many of those people are actually telling the truth.
To learn more, watch the famous "Never Talk to the Police" lecture by Regent University Law School Professor James Duane. It's followed up by an equally compelling lecture by Officer George Bruch who talks about how he successfully interrogates suspects.
reasonable force (1)
Simply put, reasonable force is the amount of force that a reasonable person would use under similar circumstances. For example, if an officer is attempting to arrest an unarmed suspect who refuses to physically comply, it may be considered reasonable for the officer to use a taser or pepper spray to force the suspect into compliance. However, it would not be considered reasonable for an officer to use deadly force on an unarmed suspect in a similar situation.
reasonable suspicion (3)
Reasonable suspicion is the legal standard by which a police officer has the right to briefly detain a suspect for investigatory purposes and frisk the outside of their clothing for weapons, but not drugs. While many factors contribute to a police officer's level of authority in a given situation, the reasonable suspicion standard requires facts or circumstances that would lead a reasonable person to believe that a suspect has, is, or will commit a crime.
While reasonable suspicion does not require hard evidence, it does require more than a hunch. A combination of particular facts, even if each is individually insignificant, can form the basis of reasonable suspicion. For example, police may have reasonable suspicion to detain someone who fits a description of a criminal suspect, a suspect who drops a suspicious object after seeing police, or a suspect in a high crime area who runs after seeing police.
What reasonable suspicion means to you
Because reasonable suspicion gives officers legal authority to detain you, the absence of reasonable suspicion does not require officers to tell you that you're free to leave. They will often use your uncertainty as an opportunity to ask probing questions even if the conversation is legally "voluntary".
In such situations, it's up to you to determine if you're being detained or are free to go. Before answering an officer's questions, you may courteously ask "Officer, am I free to go?" If you're free to go, then go. If the officer's answer is unclear or he asks additional questions, you may persist by repeating "Officer, am I free to go?"
Keep in mind that refusing to answer an officers questions does not create reasonable suspicion. But acting nervous and answering questions inconsistently can create reasonable suspicion. Also, you have the 4th Amendment right to refuse search requests, and your refusal does not create reasonable suspicion.
If you are not free to go, you are being detained. The officer might have some reason to suspect you of a crime, and you may be arrested. In such a situation, your magic words are "I'm going to remain silent. I would like to see a lawyer." These magic words are like a legal condom. Because anything you say can and will be used against you in court, they're your best protection if you're under arrest.
Never try to run away from the police under any circumstances. If police see someone running away, especially in a "high-crime" neighborhood, that gives them all the reasonable suspicion they need to chase and stop him.
Sometimes people fleeing the police out of panic have even been shot at. Don’t run.
The law may seem harsh on this point, but it's what the Supreme Court decided. If you see police approaching, stand your ground, and be prepared to assert your rights. But don’t run.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
If they have reasonable suspicion to detain you, police may conduct a pat down (frisk) of the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed.
If they feel a hard item that might be a weapon, police may reach into your pockets. Sometimes officers reach into suspects' pockets looking for drugs even if they don't feel a weapon. This is common, but it's illegal.
Police may ask you to reveal the contents of your pockets. Just like other search requests, you have the right to refuse.
(See also "How to Deal with Police on the Street")
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
resisting arrest (1)
Resisting arrest is just like it sounds. If police have probable cause to arrest you and you delay or resist them in any way, you can be charged with a misdemeanor of resisting arrest. Examples of resisting arrest include running away from police or providing an officer with a false ID.
Be aware that officers may threaten to arrest you if you refuse to comply with a search request or refuse to answer their questions. Don't get tricked. You always have the right to refuse police searches ("Officer, I don't consent to any searches") and refuse to answer questions without a lawyer present. ("I have nothing to say. I want to see a lawyer.")
Also, be aware that just touching an officer could get you tasered or beaten and stuck with a felony charge for assaulting a police officer.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
run from police (1)
Never try to run away from the police under any circumstances. If police see someone running away, especially in a "high-crime" neighborhood, that gives them all the reasonable suspicion they need to chase and stop him.
Sometimes people fleeing the police out of panic have even been shot at. Don’t run.
The law may seem harsh on this point, but it's what the Supreme Court decided. If you see police approaching, stand your ground, and be prepared to assert your rights. But don’t run.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
search warrant (2)
A search warrant is a court order issued by a judge that authorizes police to conduct a search of a person or location for criminal evidence, which may be seized and used in court.
To obtain a search warrant under the 4th Amendment's requirements, police officers must write out an affidavit -- a written statement under oath -- to convince a judge that they have probable cause to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there.
No. The Supreme Court has never ruled that police must present the search warrant when performing a search.
The purpose of the warrant is to establish legal authority to conduct the search and create a paper trail in case the search is challenged. Since executing a search warrant is considered a high-risk activity for police, officers are permitted to enter quickly and forcefully. If you have doubts about the legality of a search warrant issued against you or your property, you'll need to discuss the matter with your attorney.
Remember that police don't need consent to search if they have a warrant. But if officers ask for consent to search, you always have the right to refuse even if they claim that they have a warrant or that they can easily get one.
state-specific info (1)
Yes and no. The Bill of Rights protections that matter most during police encounters are mandated by the U.S. Supreme Court and all states must uphold them. States may offer more protection for these rights than the Supreme Court does, but not less. For that reason, our information is legally correct anywhere in the U.S.
We frequently hear rumors such as "In Washington State, police can impound your car if you refuse a search," or "In Georgia, refusing a search gives police probable cause." Such claims are false. Remember that all states must protect your 4th Amendment rights during police encounters.
Nonetheless, there are some variations regarding DUI, identification, and parolee searches -- but the best strategies for handling a police encounter generally remain the same regardless of which state you're in.
Tasers (1)
Simply put, reasonable force is the amount of force that a reasonable person would use under similar circumstances. For example, if an officer is attempting to arrest an unarmed suspect who refuses to physically comply, it may be considered reasonable for the officer to use a taser or pepper spray to force the suspect into compliance. However, it would not be considered reasonable for an officer to use deadly force on an unarmed suspect in a similar situation.
traffic stop (5)
A traffic stop can be stressful and terrifying -- especially if you're not prepared. These rules will help protect your rights and improve your odds of driving away safely.
Always Be Calm & Cool
If police flag you down, pull over immediately, turn off your car, and place your hands on the wheel. Police like to see your hands for their own safety -- so wait until they request your paperwork before reaching for it. At night, it's also a good idea to turn on the dome light, so the officer can see you're not armed.
Clip from the DVD BUSTED: The Citizen's Guide to Surviving Police Encounters
Always greet policemen and policewomen as "Officer". For example, you may start off with "Good afternoon, Officer. How's it going today?" Under no circumstances should you ever talk back, raise your voice, or use profanity with a police officer. Being hostile with police is stupid and dangerous. You can't win that game.
If the officer writes you a ticket, accept it quietly and never complain. Listen to any instruction on paying the fine or contesting the ticket, and drive away slowly.
Remain Silent: What You Don't Say Can't Hurt You
Police may try to get you to admit to having broken a law. For example, an officer may ask, "Do you know how fast you were going?"
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
You may assert your 5th Amendment protection against self-incrimination by refusing to admit you might have broken a law. As such, the best answer to that and similar questions is "No, Officer."
Because anything you say can and will be used against you in court, the less you say the better. You also don't want to announce to police that you know your rights. They'll take that as a challenge. Just keep quiet and calm.
You Have the Right to Refuse Search Requests
Police may order the driver and any passengers out of the vehicle. If this happens, step out of the car. If they have reasonable suspicion to detain you, police may frisk the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed.
If police detain and frisk you, you have the right to clearly state your refusal to consent to the search. For example, you may say "Officer, I'm not resisting. I do not consent to this search." But you should only verbally refuse. Never physically resist. Just touching an officer could get you tasered or beaten. You could also get a felony charge for assaulting a police officer.
Whether or not they frisk you, an officer may ask you a series of questions, which may include something like "You don't mind if I have a look in your car?" While this might sound like a command, it's usually a request -- and the 4th Amendment protects your right to refuse search requests. (See also "When are police allowed to search my car?")
In response to such request, you may politely decline by saying "Officer, I know you're just doing your job, but I don't consent to searches." Some officers may use their authority to make you feel obligated to prove your innocence by asking "What do you have to hide?" Don't fall for such tricks. If necessary, repeat your refusal.
Refusing a search request is not an admission of guilt and does not give the officer the legal right to search or detain you. In fact, most avoidable police searches don't occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests.
The 4th Amendment protects your right to refuse search requests, but you must clearly state your refusal for the protection to legally apply.
(See also "If I'm not doing anything wrong, why not let police search me?")
Determine if You're Free to Go
Unless you're detained or arrested, you may terminate the encounter anytime. But don't wait for the officer to dismiss you. Ask if you're free to go.
For example, if an officer threatens to call in a K-9 unit if you refuse a search, you should ask "Officer, are you detaining me, or am I free to go?"
Not only can this line can help withdraw you from an encounter, it also deflects any of the officer's probing questions or threats. So if an officer says "If you cooperate with me, everything will go easy for you." You may respond by saying either "Officer, I don't consent to any searches" or "Officer, am I free to go?"
If the officer lets you leave, do so immediately. If the officer's answer is unclear, or if he asks additional questions, persist by repeating "Officer, am I free to go?"
Ask for a Lawyer
If you are not free to go, you are being detained. The officer might have some reason to suspect you of a crime, and you may be arrested.
In such a situation, your magic words are "I'm going to remain silent. I wold like to see a lawyer." These magic words are like a legal condom. They're your best protection if you're under arrest.
Never rely on police to inform you of your right to remain silent and see a lawyer. Repeat the magic words as necessary, but say no more. Remember that anything you say can and will be used against you in court.
A traffic stop can be stressful and terrifying -- especially if you're not prepared. These rules will help protect your rights and improve your odds of driving away safely.
Always Be Calm & Cool
If police flag you down, pull over immediately, turn off your car, and place your hands on the wheel. Police like to see your hands for their own safety -- so wait until they request your paperwork before reaching for it. At night, it's also a good idea to turn on the dome light, so the officer can see you're not armed.
Clip from the DVD BUSTED: The Citizen's Guide to Surviving Police Encounters
Always greet policemen and policewomen as "Officer". For example, you may start off with "Good afternoon, Officer. How's it going today?" Under no circumstances should you ever talk back, raise your voice, or use profanity with a police officer. Being hostile with police is stupid and dangerous. You can't win that game.
If the officer writes you a ticket, accept it quietly and never complain. Listen to any instruction on paying the fine or contesting the ticket, and drive away slowly.
Remain Silent: What You Don't Say Can't Hurt You
Police may try to get you to admit to having broken a law. For example, an officer may ask, "Do you know how fast you were going?"
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
You may assert your 5th Amendment protection against self-incrimination by refusing to admit you might have broken a law. As such, the best answer to that and similar questions is "No, Officer."
Because anything you say can and will be used against you in court, the less you say the better. You also don't want to announce to police that you know your rights. They'll take that as a challenge. Just keep quiet and calm.
You Have the Right to Refuse Search Requests
Police may order the driver and any passengers out of the vehicle. If this happens, step out of the car. If they have reasonable suspicion to detain you, police may frisk the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed.
If police detain and frisk you, you have the right to clearly state your refusal to consent to the search. For example, you may say "Officer, I'm not resisting. I do not consent to this search." But you should only verbally refuse. Never physically resist. Just touching an officer could get you tasered or beaten. You could also get a felony charge for assaulting a police officer.
Whether or not they frisk you, an officer may ask you a series of questions, which may include something like "You don't mind if I have a look in your car?" While this might sound like a command, it's usually a request -- and the 4th Amendment protects your right to refuse search requests. (See also "When are police allowed to search my car?")
In response to such request, you may politely decline by saying "Officer, I know you're just doing your job, but I don't consent to searches." Some officers may use their authority to make you feel obligated to prove your innocence by asking "What do you have to hide?" Don't fall for such tricks. If necessary, repeat your refusal.
Refusing a search request is not an admission of guilt and does not give the officer the legal right to search or detain you. In fact, most avoidable police searches don't occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests.
The 4th Amendment protects your right to refuse search requests, but you must clearly state your refusal for the protection to legally apply.
(See also "If I'm not doing anything wrong, why not let police search me?")
Determine if You're Free to Go
Unless you're detained or arrested, you may terminate the encounter anytime. But don't wait for the officer to dismiss you. Ask if you're free to go.
For example, if an officer threatens to call in a K-9 unit if you refuse a search, you should ask "Officer, are you detaining me, or am I free to go?"
Not only can this line can help withdraw you from an encounter, it also deflects any of the officer's probing questions or threats. So if an officer says "If you cooperate with me, everything will go easy for you." You may respond by saying either "Officer, I don't consent to any searches" or "Officer, am I free to go?"
If the officer lets you leave, do so immediately. If the officer's answer is unclear, or if he asks additional questions, persist by repeating "Officer, am I free to go?"
Ask for a Lawyer
If you are not free to go, you are being detained. The officer might have some reason to suspect you of a crime, and you may be arrested.
In such a situation, your magic words are "I'm going to remain silent. I wold like to see a lawyer." These magic words are like a legal condom. They're your best protection if you're under arrest.
Never rely on police to inform you of your right to remain silent and see a lawyer. Repeat the magic words as necessary, but say no more. Remember that anything you say can and will be used against you in court.
While police generally need a warrant to search you or your property -- during a traffic stop, police only need probable cause to legally search your vehicle. Probable cause means police must have some facts or evidence to believe you're involved in criminal activity.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
In other words, an officer's hunch without evidence of illegal activity is not enough to search your car. Before searching, he must observe something real. Common examples of probable cause include the sight or smell of contraband in plain view or plain smell, or an admission of guilt for a specific crime. The presentation of any of these facts would allow an officer to perform a search and make an arrest.
Be aware that minor traffic violations (e.g. speeding, broken tail-light, or expired registration) are not considered probable cause.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
The major exception to the probable cause requirement for vehicle searches is consent. Most vehicle searches don't occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests.
Consenting to a search request automatically makes the search legal in the eyes of the law. And the 4th Amendment doesn't require officers to tell you about your right to refuse. So if you're pulled over, don't try to figure out whether or not the officer has probable cause to legally search you. You always have the right to refuse search requests.
If you refuse consent but the officer searches you anyway and finds illegal items, your lawyer can file a motion to suppress -- or throw out -- the evidence in court. If the judge agrees that the officer's search violated the 4th Amendment's probable cause requirements, she'll grant the motion. Unless the prosecution has other evidence, your charges would be dismissed.
(See also "How do I keep police from searching my car?")
Traffic stops typically occur as a result of suspected moving violations committed by the driver of the vehicle. Passengers cannot be held responsible for the driver’s conduct and are generally free to leave, unless police become suspicious of them during the course of the stop.
Unfortunately, this happens frequently and the amount of evidence required to detain passengers is minimal. For this reason, passengers must remember to refuse search requests and refrain from answering questions without an attorney present. Police who suspect criminal activity will often separate the occupants of an automobile and question them separately. If their stories differ, this could lead officers to claim that they have probable cause to prolong the detention or conduct a search.
As with any other brief detention, the best way to handle this situation is to determine if you can leave by asking "Officer, are you detaining me, or am I free to go?"
During a legitimate traffic stop, police may order the driver and any passengers out of the vehicle. This rule is intended to protect officers' safety, but it's often used for investigatory purposes. Police who order you out of the vehicle probably suspect you of criminal activity, so be prepared for a pat-down and maybe a search request.
UK (1)
Because U.S. law is derived from British common law, Canadian and U.K. criminal procedural laws are strikingly similar to the U.S. As such, the general suggestions for dealing with law enforcement that we describe on this site (and in our DVD, Busted: The Citizen's Guide to Surviving Police Encounters) should be useful to you.
The British Columbia Civil Liberties Association produces "The Arrest Handbook: A Guide to Your Rights" by David Eby. This handy guide uses straight-forward language to describe your rights in Canada in various common legal situations.
UK civil liberties group, Liberty, provides a comprehensive guide to your rights aptly titled, "Your Rights".
It's worth noting that our informational strategies are premised on principles of non-violent non-cooperation. When dealing with law enforcement agents, the usefulness of these strategies are universal. In other words, when dealing with police in any country it's generally a good idea to a) refuse to consent to any searches if asked to do so, (2) determine if you're free to go, and (3) if placed under arrest, refuse to answer any questions until you speak with a trusted legal advocate.
undercover police (1)
No. It's commonly believed that undercover police have to reveal their identity when asked. This is false. Police are allowed to lie in order to make arrests.
Undercover officers in particular are very skilled at manipulating suspects and concocting clever stories to conceal that they are police. Note that police can also use drugs and do other things you wouldn't expect a cop to do.
There's no trick for finding out if someone is an undercover officer. If you're concerned about this, just be careful around people you don't know and reconsider any activities that are making you nervous. The one thing all undercover cops have in common is that they want people to commit crimes. Avoid anyone who pressures you to do something illegal.
videotape (1)
Videotaping or photographing police in public places is usually legal, so long as you don’t interfere their ability to do their job. Nonetheless, police generally don't like being watched or documented and will often respond aggressively.
Citizens are frequently arrested for videotaping police, and the charges are later dropped. Regardless, video is uniquely effective in revealing guilt and exonerating the innocent -- for both police and citizens. See examples of this here, here, here, and here.
If you're videotaping or photographing police, make sure you don’t interfere. If you're arrested, “obstruction” is the most likely charge, and you’ll want to be able to defend against it.
If you acquire video or photographic evidence of police misconduct, create and secure copies of the evidence. Then forward copies to local police monitoring groups such as civilian review boards, and local ACLU, NLG, and NAACP chapters. You should also obtain legal representation for yourself in case the police department retaliates against you.
For an excellent defense of why it should never be illegal to videotape police, click here.
War on Terror (1)
There are many reasons to be concerned about the constitutional impact of the PATRIOT Act and War on Terror. But as far as the powers of your local sheriff or state highway patrol are concerned, they have had zero impact.
That being said, be mindful that some police officers may use the threat of terrorism to trick citizen's into believing they have enhanced search and interrogation powers. For example, police may justify a routine traffic search request by claiming "I'm just searching for guns and explosives". This is simply a cynical way to trick citizens into compliance.
Don't fall for it. You have the right to refuse search requests by asking "Officer, am I free to go." Repeat if necessary.
