You Have the Right to Remain Silent:

You do not have to answer any questions at all – not about where you are going; not where you are traveling from; not what you are doing; and not where you live. If you wish to exercise your right to remain silent, yell that out loud so everyone understands you.

You Do Not Have to Consent to a Search of Yourself or Your Belongings:

You do not have to agree to let the police search you, your car or your bags.  Stating that you do not agree to be searched does not guarantee that the Police will not do the search but yelling out loud that you do not agree to be searched can help protect your rights in any later criminal case against you proceeding.

How to Reduce Risk of Harm to Yourself:

Stay Silent; Stay calm.

Don’t run from the police; Don’t become physical with the police; Don’t interfere with what the police are doing. Don’t lie to the Police; Don’t give false documents to the police.  

Keep your hands where the police can always see them.

Your Rights When the Police Are at My Door:

Do not invite the police into your house. Talk with them through the door and ask them to show you identification.

You do not have to let them in unless they can show you a warrant signed by a judge that lists your address as a place to be searched or that has your name on it as the subject of an arrest warrant.  Ask the officer to slip the warrant under the door or hold it up to the window so you can read it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items specifically listed.

Yell out that you are remaining silent and want a lawyer. Do not answer questions, stand silently and observe what they do, where they go, and what they take. Write down everything you observed as soon as you can.

What to Do If You Are Arrested or Held by the Police:

Yell out that you are staying silent and want a lawyer.

Cooperate and remain calm, but do not answer questions or sign anything.

You have the right to make a local phone call. If you call a lawyer, the police cannot listen in on that call, but if you call anyone other than a lawyer, the police can listen so be sure that you do not say anything that could impact you.

If You Believe Your Rights Were Violated by the Authorities:

As soon as possible, write down everything you remember, including officers’ badges and patrol car numbers, where they were from, witnesses and details on what happened.

If you were hurt, seek medical attention immediately and take pictures of any injuries every day.

File a written complaint with the internal affairs division or civilian complaint board.

What You Can Do If You Think You’re Witnessing Police Abuse or Brutality:

Stay at a safe distance away from the area and record the scene with your phone. If you do not interfere with what the officers are doing and do not stand close enough to obstruct their movements, you have the right to observe and record events that are plainly visible in public spaces.

The Police cannot confiscate or demand to view your photographs or video without a warrant and they cannot delete your photographs or video. If an officer orders you to stop recording or demands that you to hand over your phone, you should politely, but firmly, tell the officer that you do not consent to doing so and remind the officer that taking photographs or video is your right under the First Amendment. An officers may arrest you for refusing to comply even though their orders are illegal. The arrest would be unlawful, but you will need to weigh the personal risks of arrest against the value of continuing to record.

As soon as possible, write down everything you remember, including officers’ badges and patrol car numbers, where they were from, witnesses and details on what happened. .

You Rights When Driving a Car and Being Pulled over by the Police:

As soon as it is safe, pull over and stop the car.

Turn off the car, if it is dark turn on the internal light, open the window part way, and place your hands on the wheel. If you’re in the passenger seat, put your hands on the dashboard.  Avoid making sudden movements and keep your hands where the officer can see them.

Upon request, show police your driver’s license, registration, and proof of insurance.

The driver and passengers have the right to remain silent.

If you’re a passenger, you can ask if you’re free to leave; leave if you are allowed to and do not interfere with the police officers.

A Police officer may ask you open ended questions for the purpose of initiating conversation and to get you to admit your wrongdoing. The police officer will typically ask you, “do you know why I pulled you over?” The best way to answer that question is, “no, officer can you please tell me why you pulled me over?”

Being pulled over on the side of the road is NOT the time to argue your case. Be cooperative but know that you have the right to remain silent.

Do not agree to a search of your vehicle, as a traffic stop alone is not a legal basis for a search.

Your Rights When You’ve Been Drinking, Am Driving and Been Pulled over by the Police:

As soon as it is safe, pull over and stop the car.

Turn off the car, if it is dark turn on the internal light, open the window part way, and place your hands on the wheel. If you’re in the passenger seat, put your hands on the dashboard.  Avoid making sudden movements and keep your hands where the officer can see them.

Upon request, show police your driver’s license, registration, and proof of insurance.

You have the right to remain silent.

A Police officer may ask you open ended questions for the purpose of initiating conversation and to get you to admit your wrongdoing. The police officer will typically ask you, “(1) Do you know why I pulled you over? (2) I smell alcohol on your breath, have you been drinking? ; (3) Where are you coming from?  You do not need to answer these questions. If you feel you must respond, then try to appear someone helpful, but do not provide specifics about your alcohol consumption because that can be used against you in court.

Do not agree to a search of your vehicle, as drinking and driving alone is not a legal basis for a search.

Do not cooperate when requested to take any standardized field sobriety tests, such as balancing, walking a straight line or touching your nose with your fingertip.

Do not cooperate when requesting to take a breathalyzer test at the scene where you have been pulled over, as the results of these roadside breathalyzer tests are often wrong. Request that the police officer to transport you back to the precinct to have the test conducted there where the equipment is better, and the test is administered more properly (this also has the potential added benefit of allowing some alcohol to leave your body with the extra time it takes to do this).

Gildin and Chapman

Compassion for the Client and Aggression for the Adversary