Your rights during police encounters.

This is important to know even for upstanding citizens who never do anything illegal. All rights apply to minors as well, despite what cops might say. They are legally allowed to lie and may try to tell you otherwise, but remember to never trust a cop, even if you know them off-duty. Even the most seemingly nice cop WILL lie to do his job. Assume every cop is lying to you.

First off, remember to remain polite even if the cop isn’t. It’s your best revenge. DO NOT make a cop nervous by being aggressive, raising your voice or EVER physically resisting. Even touching an officer or brushing away their hand can lead to an assault on an officer charge. NEVER RUN AWAY. Cops have the right to use physical force when they feel threatened or to detain you. Do not give them a reason. You can’t win that fight and the courts will almost always side with the police.

You are never legally required to talk to cops (and even if you’re innocent, you shouldn’t, because anything you say can and WILL be used to incriminate you) and they are rarely able to legally search you. They are legally allowed to pat you down for weapons, but they aren’t allowed to go into your pockets, bags or other containers without feeling or seeing a weapon. They can search you freely if you’re placed under arrest. You are still, even when arrested or interrogated, never required to speak to police. DON’T DO IT. They will take ANYTHING you say, EVEN TRUE STATEMENTS THAT PROVE YOUR INNOCENCE, and use it to incriminate you.

You know the saying “Anything you say can and will be used against you”? Well, it’s true. However, anything you say CAN’T and WON’T be used to help you. If the police heard you say something that helps your case and your defense attorney tries to use it in court, it will be dismissed by the prosecution as hearsay.

If you’re stopped by the police while walking or when not in a vehicle, ask if you’re being detained. “Officer, are you detaining me, or am I free to go?” No matter how conversational or persuasive they are, if they say you’re free to go, walk away. If you don’t get a definitive answer, do not respond to any questioning or conversational comments. Repeatedly ask if you’re free to go until you get an answer. Nothing you say to police can EVER help you, even if you’re innocent. DO NOT STAY if you’re free to go, DO NOT TALK TO THE POLICE. This automatically makes any detention legal via implied consent.

If you’re being detained, asked why. Give your name and address if required by law in your area. NEVER answer any questions, again, even if you are innocent. Say “I’m going to remain silent. I want to see a lawyer.” Police are legally allowed to lie and try to coax you into talking (“We can make this easy or hard”, “If you don’t let me search your stuff I’ll call a K9 unit and they’ll tear everything apart”, “Your buddy just confessed and we let him go free. We know what you did, make it easier on everyone and just confess, we’ll take it easy on you”, etc.) but it’s all lies. Do not trust the police, ever, for any reason, no matter how friendly they are.


Remember the magic words:

“I’m going to remain silent. I want to see a lawyer.”

“I do not consent to searches.”

Police will try to trick you. They’ll try to be your friend or try to be your worst enemy. They will try to coax you into confessing accidentally. NEVER TALK TO THE POLICE FOR ANY REASON WITHOUT A LAWYER PRESENT TO ADVISE YOU.

If you’re stopped in a vehicle, the police have the right to make you exit your vehicle and confiscate any items “in plain sight” (that is, without searching for them). They are not allowed to enter your car or trunk without your consent. Say clearly, and repeat if necessary, “I do not consent to searches.” Being polite can go a long way as well. Adding in, “Officer, I know you’re just doing your job” before declining searches or declining to talk can make the whole thing go a lot more smoothly. Be courteous. Never be aggressive, as cops will respond with aggression, and the last thing you want is to be face down on the hood of your car while the cops tear apart your belongings. Remember that some police really are just doing their jobs and do not appreciate being responded to aggressively.

If the police come to the door, you may speak to them through a chain lock or by stepping outside and closing the door behind you. If they ask to come in and search your house, tell them that you do not consent to a search. They MUST have a warrant, even if they have probable cause that there’s a crime being committed (except in extreme emergencies) to search your house. ALWAYS ask to see the warrant. Tell them that you do not consent ANYWAY, just in case. NEVER allow the police inside your home, even if you’re not in trouble and have done nothing illegal.

If your rights are violated, remember everything you can about the incident and find any witnesses as soon as possible. Have photographic evidence taken of any injuries you sustained when they are the worst looking. Then call the police department and say you’d like to file a complaint about an officer. Precincts DO LISTEN to your complaints, because they DON’T WANT TO LOOK BAD. When in doubt, remember that the police have a reputation too, and DON’T WANT TO LOOK LIKE THE BAD GUYS. They listen to your complaints.

Describe everything with as many details as possible. Make sure you remember EXACTLY what was said to you, word-for-word, and everything as it happened in sequence. If you feel your report isn’t being taken seriously, ask to speak to the officer on the other end of the line’s boss. You may even be taken directly to Internal Affairs in some larger cities.

Know your rights as a citizen. NEVER talk to the police. NEVER consent to searches.

More information here:

http://flexyourrights.org/