What To Do If You're Stopped By the Police

1. You do not have to answer a police officer's questions. What you say to the police is important. It can be used against you and it can give the police an excuse to arrest you. If you are stopped while driving a car, you must show your license, registration and proof of insurance. In other situations, you cannot be legally arrested for refusing to identify yourself.

2. You do not have to give your consent to any search of your person, your car, or your house. If you do consent to a search, it can affect your rights later in court. If the police claim they have a warrant, ask to see it. 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 ot a search. It is not lawful for the police to arrest you simply for refusing to consent to a search.

3. You have a right to remain silent. You do not have to answer any questions, give your name, age or address or show any ID unless you are operating a car or are in a place where liquor is served. However, it is advisable to provide basic information such as name, age, and address.

4. Do not interfere with or obstruct the police in a search, even if you are sure the search is illegal-you will be arrested for it. File a complaint afterwards if you feel your rights have been violated.

5. Ask if you are under arrest. If so, ask why. If not, you should be free to leave. Insist on that right.

6. If you are arrested, do not answer the officer's questions. Tell the police nothing except your name, age, and address. Don't give explainations or stories or try to excuse your conduct. You can make your defense in court.

7. Don't physically resist. The police may frisk you for weapons by patting the outside of your clothing, but nothing more. Make it clear that you do not agree to any search. If you are searched, do not resist. File a complaint afterwards. Don't bad-mouth the police officer or run away, even if you believe what is happening to you isn't right. It could lead to your arrest.

8. If during a search or an arrest the police take anything from you, they must give you a receipt for every item seized, including your wallet and its contents, clothes and any packages you were carrying when arrested.

9. Ask to talk to a lawyer at once. If you are arrested for a jailable offense and you can't afford a lawyer, you have the right to a public defender. Do not talk to the police until a lawyer is present.

10. You have the right to make a local phone call within a reasonable amount of time after your arrest or booking. The police may not listen to a call to a lawyer.

11. If you are not released following the booking, you have the right to see a judge the next court day after your arrest. Demand this right. When you appear before the judge, ask for an attorney.

12. Never make any decisions about your case until you have spoken with a lawyer.

Note: This is not complete advice. Be sure to consult a lawyer.

Information from the American Civil Liberties Union