(Stock image by Kindel Media)
A police encounter can be intimidating — but you do have rights. Following these basic rules can help protect you when dealing with a law enforcement officer:
- If you’re stopped by the police, do not talk to them. If you are arrested, say, “I choose to remain silent and I want to talk to my attorney.”
- Do not consent to a search of your person or your property. If the police search you, tell them, “I do not consent to a search.”
- Document all police conduct and misconduct.
If the police stop you…
- Stay calm. Do not physically resist.
- Keep your hands visible and free of all objects, especially those that can be confused for a weapon.
- Remain silent. You do not have to talk with the police.
- Ask “Am I free to go?” If the answer is “yes,” leave immediately.
- If you are detained, show your ID. If you don’t, you can be held for up to three days in order to identify you.
If the police want to search you…
- Never consent to a search!
- Say “I do not consent to a search” loudly enough so others can hear you.
- Don’t resist physically — police can patch you down if they have reasonable suspicion of weapons or drugs.
- Don’t open your bag or any closed items for the police.
If the police try to enter your home…
- Never consent to a search.
- If you have opened the door, step outside and lock the door behind you.
- Ask to see a search warrant. Does it have your address on it, and is it signed by a judge?
- If police have a search warrant, do not agree to let them search areas not covered by the warrant.
If the police stop your car…
- Stay calm.
- Do not answer any questions — silence is not a crime.
- Do show your driver’s licenses, registration and proof of insurance.
- Do tell the officer that you do not consent to a search of your car, if asked.
- Don’t open your trunk or car door to allow the police access — otherwise they may argue you consented to a search.
- Do sign any ticket they give you.
- If you refuse a blood, urine or breath test when asked, your license can be suspended.
If the police arrest you…
- Do not answer any questions.
- Do say, “I choose to remain silent and I want to talk to my attorney.”
- Do not talk about your case to anyone except your attorney.
If you are mistreated by the police…
- Immediately write down the details of the incident, including badge numbers and names of witnesses.
- Get a medical report immediately, as well as photographs documenting any injuries or property damage.
If you’ve been approached, questioned, interrogated or arrested by a police officer, contact criminal defense attorney Mark Reichel right now for a free consultation.