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To fight police abuse and avoid criminal prosecution effectively you
need to know your rights. There are some things you should do, some
things you must do and some things you cannot do. Here are some tips:
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Be polite and respectful.
- Stay calm and in control of your words, body language and
emotions.
- Don't get into an argument with the police.
- Remember, anything you say or do can be used against you. It's
best to remain silent.
- Keep your hands where the police can see them.
- Don't run. Don't touch any police officer.
- Don't resist even if you believe you are innocent.
- Don't complain on the scene or tell the police they're wrong or
that you're going to file a complaint.
- Do not make any statements regarding the incident. Ask to speak
to your lawyer immediately.
- Remember officers' badge & patrol car numbers.
- Write down everything you remember ASAP.
- Try to find witnesses & their names & phone numbers.
- If you are injured, take photographs of the injuries as soon as
possible, but make sure you seek medical attention first.
- If you feel your rights have been violated, file a written
complaint with police department's internal affairs division or
civilian complaint board.
What you say to the police is always important. What you say can be
used against you, and it can give the police an excuse to arrest you,
especially if you bad-mouth a police officer.
You don't have to answer a police officer's questions, but you must
show your driver's license and registration when stopped in a car. In
other situations, you can't legally be arrested for refusing to identify
yourself to a police officer.
You don't have to consent to any search of yourself, your car or your
house. If you DO consent to a search, it can affect your rights later in
court. If the police say they have a search warrant, ASK TO SEE IT.
Do not interfere with, or obstruct the police you can be arrested
for it.
IF YOU ARE STOPPED FOR QUESTIONING:
It's not a crime to refuse to answer questions, but refusing to
answer can make the police suspicious about you. You can't be arrested
merely for refusing to identify yourself on the street, or for remaining
silent.
Police may "pat-down" your clothing if they suspect a concealed
weapon. Don't physically resist, but make it clear that you don't
consent to any further search.
Ask if you are under arrest. If you are, you have a right to know
why.
Don't bad-mouth the police officer or run away, even if you believe
what is happening is unreasonable. That could lead to your arrest.
IF YOU'RE STOPPED IN YOUR CAR:
Upon request, show them your driver's license, registration, and
proof of insurance. In certain cases, your car can be searched without a
warrant as long as the police have probable cause. To protect yourself
later, you should make it clear that you do not consent to a search. It
is not lawful for police to arrest you simply for refusing to consent to
a search.
If you're given a ticket, you should sign it; otherwise you can be
arrested. You can always fight the case in court later.
If you're suspected of drunk driving (OVI -DUI-OMVI) and refuse to
take a blood, urine or breath test, your driver's license may be
suspended.
IF YOU'RE ARRESTED OR TAKEN TO A POLICE STATION:
You have the right to remain silent and to talk to a lawyer before
you talk to the police. Tell the police nothing except your name and
address. Don't give any explanations, excuses or stories. You can make
your defense later, in court, based on what you and your lawyer decide
is best.
Ask to see a lawyer immediately. If you can't pay for a lawyer, you
have a right to a free one, and should ask the police how the lawyer can
be contacted. Don't say anything without a lawyer.
Within a reasonable time after your arrest, or booking, you have the
right to make a local phone call: to a lawyer, bail bondsman, a relative
or any other person. The police may not listen to the call to the
lawyer.
Sometimes you can be released without bail, or have bail lowered.
Have your lawyer ask the judge about this possibility. You must be taken
before the judge on the next court day after arrest.
Do not make any decisions in your case until you have talked with a
lawyer.
IN YOUR HOME:
If the police knock and ask to enter your home, you don't have to
admit them unless they have a warrant signed by a judge.
However, in some emergency situations (like when a person is
screaming for help inside, or when the police are chasing someone)
officers are allowed to enter and search your home without a warrant.
If you are arrested, the police can search you and the area close by.
If you are in a building, "close by" usually means just the room you are
in.
We all recognize the need for effective law enforcement, but we should
also understand our own rights and responsibilities especially in our
relationships with the police. Everyone, including minors, has the right
to courteous and respectful police treatment.
If your rights are violated, don't try to deal with the situation at the
scene. You can discuss the matter with an attorney afterwards, or file a
complaint with the Internal Affairs or Civilian Complaint Board.
ACLU "Bustcard": Pocket Guidelines on Encounters with the Police
Copyright 1998, American Civil Liberties Union
Reprinted with permission of the American Civil Liberties Union
Edited by George M. Wolfe, Esq., 2004
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