1. Keep cool. Do not panic and do not argue, even if the officer is rude or disrespectful.
2. Keep your hands where the police can see them. Do not run.
3. Do not interfere with, obstruct, touch, or resist any police officer - even if you believe you or others are innocent - you can be arrested for it.
4. It is not a crime to refuse to answer questions, but it might make the police suspicious about you. In California, you cannot be detained or arrested for merely refusing to identify yourself, but you can in other states. If you reasonably fear that your name is incriminating, you can claim your right to remain silent, which may be a defense if you are arrested. Use your judgment; if you refuse to give your name you might be arrested, even though the arrest may be unlawful. If stopped when driving a car, you must show your license, vehicle registration and proof of insurance.
5. What you say to police is always important. Anything you say or do can be used against you. Do not lie to a police officer. If the police ask you about a crime, do not answer - tell them you want to speak to a lawyer first.
6. What you say can give police an excuse to arrest you, especially if you “bad-mouth” an officer. Do not complain about your treatment, tell the police they are wrong, or that you are going to file a complaint.
7. Police may “pat down” your clothing if they suspect you are carrying a concealed weapon. Do not physically resist, but make it clear that you do not agree to any further search.
8. You do not have to give permission to any search of yourself, car or house. If you agree to a search you’re giving up an important right that can affect your rights later in court. If the police say they have a search warrant, ASK TO SEE IT.
9. Remember the names, badge and car numbers of the officers.
10. If you are injured, seek medical attention; then take photos of the injuries as soon as possible.
11. Try to find the names, addresses and phone numbers of witnesses.
12. Write down everything you remember as soon as you can.
13. If you feel your rights have been violated, discuss this with an attorney.
1. It is illegal to drive a car without your driver’s license, registration and proof of insurance. If you do not have them, you can be arrested and searched. The car can also be searched and towed away.
2. Upon request, you must show your driver’s license, registration and proof of insurance.
3. In certain cases, your car can be searched without a warrant if police have probable cause. To protect yourself later, you should make it clear that you do not agree to the search.
4. If you are given a ticket, sign it or you can be arrested. You can always fight the case in court.
5. If you are arrested for driving while intoxicated and refuse a blood, breath or urine test, your driving license can be suspended.
1. If police knock and ask to enter your home, you do not have to let them in unless they have a warrant signed by a judge. However, in some emergency situations (like someone screaming for help inside or when police are chasing someone) officers can enter and search your home WITHOUT a warrant.
2. If you are arrested, 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.
1. You have a right to remain silent and to talk to a lawyer before you talk to the police. This is important whether you are innocent or guilty. Police can lie to you to get you to talk, but they cannot force you to speak if you do not want to. Tell the police nothing except your name and address. Do not give any explanations, excuses or stories. Make your defense in court based on what you and your lawyer decide is best.
2. Ask to see a lawyer immediately. If you cannot pay for a lawyer, you have a right to a free one. Ask the police how a lawyer can be contacted. Do Not Talk To The Police Without A Lawyer.
3. Within a reasonable time after your arrest or booking, you have a right to make a local phone call to a lawyer, bail bondsman, relative or any other person. Police may not listen to the call to the lawyer but can listen in on your other calls.
4. Your lawyer can ask the judge to have you released without bail or have your bail lowered.
5. Do Not Make Any Decisions In Your Case Until You Have Talked With A Lawyer.
This is not complete advice.
Be sure to consult a lawyer.
Your Rights and the Police