Your Right to Know When You Are Being Recorded
Being stopped by police is a stressful feel that can go bad quickly. Hither we draw what the law requires and too offer strategies for handling police encounters. We want to exist articulate: The brunt of de-escalation does non autumn on private citizens — it falls on law officers. However, you cannot assume officers will comport in a way that protects your prophylactic or that they will respect your rights even after you assert them. You may be able to reduce take a chance to yourself past staying calm and non exhibiting hostility toward the officers. The truth is that in that location are situations where people have done everything they could to put an officer at ease, yet still ended upward injured or killed.
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I've been stopped by the police in public
Your rights
- Y'all take the right to remain silent. For example, yous do not have to reply any questions about where you are going, where you are traveling from, what you are doing, or where yous alive. If yous wish to do your right to remain silent, say then out loud. (In some states, you lot may be required to provide your name if asked to identify yourself, and an officer may arrest y'all for refusing to do so.)
- You exercise not have to consent to a search of yourself or your belongings, only law may pat downward your wearable if they doubtable a weapon. Note that refusing consent may not terminate the officeholder from conveying out the search against your volition, but making a timely objection before or during the search can help preserve your rights in any subsequently legal proceeding.
- If you are arrested by police, you take the correct to a authorities-appointed lawyer if you cannot beget one.
- You exercise not have to respond questions about where you were born, whether you are a U.South. denizen, or how you entered the country. (Split rules apply at international borders and airports as well as for individuals on sure nonimmigrant visas, including tourists and business travelers. For more specific guidance about how to deal with clearing-related questions, see our immigrants' rights section.)
How to reduce risk to yourself
- Stay calm. Don't run, resist, or obstruct the officers. Do non lie or requite false documents. Keep your hands where the constabulary tin can see them.
What to exercise if you are arrested or detained
- Say you lot wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. Don't say anything, sign annihilation, or make any decisions without a lawyer.
- If you take been arrested by police, you have the right to brand a local telephone call. The law cannot listen if y'all call a lawyer. They can and often practise listen if you call anyone else.
If you believe your rights were violated
- Write down everything you lot recollect, including officers' badges and patrol motorcar numbers, which bureau the officers were from, and whatever other details. Get contact information for witnesses.
- If you're injured, seek medical attention immediately and take photographs of your injuries.
- File a written complaint with the agency'southward internal affairs sectionalisation or civilian complaint board. In most cases, you lot can file a complaint anonymously if you lot wish.
What you can do if you think you're witnessing police force abuse or brutality
- Stand up at a safe distance and, if possible, use your phone to tape video of what is happening. As long as you practise not interfere with what the officers are doing and practise not stand up shut enough to obstruct their movements, you lot have the right to observe and record events that are plainly visible in public spaces.
- Do not try to hide the fact that you are recording. Law officers do not accept a reasonable expectation of privacy when performing their jobs, but the people they are interacting with may have privacy rights that would require you to notify them of the recording. In many states (see hither) you must affirmatively brand people aware that you are recording them.
- Police officers may not confiscate or need to view your photographs or video without a warrant, and they may not delete your photographs or video nether whatsoever circumstances. If an officeholder orders you to stop recording or orders you lot to paw over your phone, you should politely but firmly tell the officer that you practise non consent to doing so, and remind the officer that taking photographs or video is your right under the Outset Amendment. Exist aware that some officers may arrest you for refusing to comply fifty-fifty though their orders are illegal. The arrest would be unlawful, but you lot will need to weigh the personal risks of abort (including the risk that officer may search you upon abort) against the value of continuing to record.
- Whether or not you are able to record everything, brand sure to write downward everything you think, including officers' badge and patrol car numbers, which agency the officers were from, how many officers were present and what their names were, any apply of weapons (including less-lethal weapons such as Tasers or batons), and any injuries suffered by the person stopped. If you lot are able to speak to the person stopped by police later the police leave, they may detect your contact information helpful in example they decide to file a complaint or pursue a lawsuit against the officers.
Additional resources
If you need more information, contact your local ACLU affiliate.
I've been pulled over past the police force
Your rights
- Both drivers and passengers have the right to remain silent.
- If you're a rider, y'all can inquire if y'all're free to leave. If yeah, you may silently leave.
How to reduce take chances to yourself
- End the auto in a safety place as apace as possible.
- Turn off the car, plow on the internal low-cal, open the window part fashion, and place your hands on the cycle. If you're in the passenger seat, put your hands on the dashboard.
- Upon request, bear witness police force your commuter's license, registration, and proof of insurance.
- Avoid making sudden movements, and continue your hands where the officeholder can meet them.
What to do if you are arrested or detained
- Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. Don't say anything, sign annihilation, or brand any decisions without a lawyer.
- If you have been arrested by police, you have the correct to make a local telephone telephone call. The police force cannot heed if you call a lawyer. They tin can and oft will heed to a call made to anyone else.
If you believe your rights were violated
- Write downward everything you recollect, including officers' badges and patrol automobile numbers, which agency the officers were from, and whatever other details. Go contact information for witnesses.
- If you're injured, seek medical attention immediately and accept photographs of your injuries.
- File a written complaint with the agency's internal affairs division or civilian complaint board. In well-nigh cases, yous can file a complaint anonymously if you wish.
What you lot can do if you lot call up you're witnessing police corruption or brutality
- Stand at a safe distance and, if possible, use your telephone to record video of what is happening. As long as you lot exercise not interfere with what the officers are doing and practice non stand close enough to obstruct their movements, you have the right to observe and tape events that are apparently visible in public spaces.
- Practise not endeavour to hide the fact that you are recording. Police officers practise not accept a reasonable expectation of privacy when performing their jobs, simply the people they are interacting with may have privacy rights that would require you to notify them of the recording. In many states (run across here) you must affirmatively make people enlightened that y'all are recording them.
- Police force officers may not confiscate or need to view your photographs or video without a warrant, and they may not delete your photographs or video under any circumstances. If an officer orders you lot to stop recording or orders you to hand over your phone, yous should politely but firmly tell the officer that you do not consent to doing so, and remind the officer that taking photographs or video is your right under the First Amendment. Be enlightened that some officers may arrest you for refusing to comply even though their orders are illegal. The arrest would be unlawful, but y'all will need to weigh the personal risks of arrest (including the risk that officer may search you lot upon arrest) against the value of continuing to record.
- Whether or non you lot are able to tape everything, make sure to write down everything y'all remember, including officers' badge and patrol car numbers, which bureau the officers were from, how many officers were present and what their names were, any use of weapons (including less-lethal weapons such as Tasers or batons), and any injuries suffered past the person stopped. If you lot are able to speak to the person stopped past police subsequently the law get out, they may find your contact information helpful in instance they decide to file a complaint or pursue a lawsuit against the officers.
Boosted resources
If you need more than information, contact your local ACLU affiliate.
The police are at my door
Your rights and how to reduce risk to yourself
- You should not invite the officer into your house. Talk with the officers through the door and ask them to show you identification. You do not take to permit them in unless they can show you a warrant signed by a judicial officer that lists your address as a identify to be searched or that has your name on information technology as the subject of an arrest warrant .
- Ask the officeholder to slip the warrant nether the door or hold information technology upwards to the window so yous can read it. A search warrant allows police to enter the address listed on the warrant, but officers tin can but search the areas and for the items listed. An arrest warrant has the proper noun of the person to be arrested.
- Even if officers have a warrant, you have the right to remain silent. You should not reply questions or speak to the officers while they are in your house conducting their search. Stand silently and observe what they do, where they go, and what they accept. Write down everything yous observed equally soon equally you can.
When your rights accept been violated
- Write downwards everything you recollect, including officers' badge and patrol car numbers, which bureau the officers were from, and whatsoever other details. Get contact information for witnesses.
- File a written complaint with the agency's internal diplomacy partition or civilian complaint board. In well-nigh cases, yous can file a complaint anonymously if you wish.
How to be a responsible bystander
- If you are a guest inside the house and end upwards answering the door, y'all should make articulate to the constabulary that yous are a guest and practice not have the authorization to let them inside without the homeowner'southward permission.
Additional resources
If you demand more information, contact your local ACLU chapter.
I've been arrested past the police
How to prepare for possible arrest
- Ready yourself and your family unit in example you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if yous take children or take medication.
Your rights
- Say you wish to remain silent and ask for a lawyer immediately. Don't answer whatever questions or give whatever explanations or excuses. If you can't pay for a lawyer, yous have the correct to a costless ane. Don't say anything, sign anything or make whatsoever decisions without a lawyer.
- Yous have the right to brand a local phone call. The law cannot listen if yous call a lawyer. They can and often will heed to a phone call made to anyone else.
How to reduce take chances to yourself
- Do not resist arrest, even if you believe the abort is unfair. Follow the officers' commands.
When your rights take been violated
- Write downwards everything you remember, including officers' badge and patrol motorcar numbers, which bureau the officers were from, and any other details. Become contact information for witnesses.
- File a written complaint with the agency's internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if y'all wish.
What you can do if you think yous're witnessing police force abuse or brutality
- Stand at a safe distance and, if possible, utilize your phone to tape video of what is happening. Equally long every bit you do not interfere with what the officers are doing and do non stand close enough to obstruct their movements, yous have the right to observe and record events that are plainly visible in public spaces.
- Do not endeavor to hide the fact that y'all are recording. Law officers do not have a reasonable expectation of privacy when performing their jobs, just the people they are interacting with may accept privacy rights that would require yous to notify them of the recording. In many states (see hither) you must affirmatively make people enlightened that you are recording them.
- Constabulary officers may not confiscate or demand to view your photographs or video without a warrant, and they may non delete your photographs or video under whatsoever circumstances. If an officer orders you to stop recording or orders you to hand over your phone, you should politely but firmly tell the officeholder that yous do not consent to doing so, and remind the officer that taking photographs or video is your correct under the First Amendment. Be aware that some officers may arrest you for refusing to comply even though their orders are illegal. The arrest would be unlawful, merely you will demand to counterbalance the personal risks of arrest (including the run a risk that officer may search yous upon arrest) confronting the value of continuing to record.
- Whether or not you are able to record everything, make sure to write down everything you recall, including officers' badge and patrol auto numbers, which bureau the officers were from, how many officers were present and what their names were, any apply of weapons (including less-lethal weapons such equally Tasers or batons), and whatever injuries suffered by the person stopped. If you are able to speak to the person stopped by police later the constabulary leave, they may find your contact information helpful in case they determine to file a complaint or pursue a lawsuit against the officers.
Additional resources
If you demand more information, contact your local ACLU affiliate.
The police violated my rights
- When you lot can, write down everything you lot remember, including the officers' badge and patrol car numbers and the bureau they work for.
- Get contact data for witnesses.
- If you're injured, seek medical attending immediately and take photographs of your injuries.
- File a written complaint with the agency's internal diplomacy division or civilian complaint board.
Additional resources
If you need more than information, contact your local ACLU affiliate.
Source: https://www.aclu.org/know-your-rights/stopped-by-police/
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