Know Your Rights!

Yesterday, on my way to catch the shuttle to school I saw 2 police on horseback talking to a group of punks. I walked over to listen and keep an eye on what the police were saying and doing. As I stood there, the police asked them why they were sitting on a public sidewalk, and when they were planning on leaving. They were sitting, again, on a public sidewalk. Why do they have to move or leave?

Luckily, I had some business cards from the Northwest Constitutional Rights Center. I walked over, told the punks I had to leave, but if they had any problems with the police to give us a call and we'd do what we could to help. They thanked me and I left. So, it is for them, and for everyone else, that I post this:

Avoid confrontations with the police. Remain calm and keep your hands where police can see them. Don't touch the police officer, try to run away, or resist, even if you believe you are innocent.

There are three levels of police interaction that could interfere w/ your constitutional liberties:

1. Mere Conversation: Police may ask you questions but you do not have to answer unless you are being detained
   
   Magic Phrase: "AM I FREE TO GO?"
   
   If police say yes, leave immediately. If police say no, you have the right to remain silent. Do not consent to a search of your belongings or your person.
2. Detention: Police may detain you for questioning if the officer has a reasonable suspicion that you have been involved in a crime.
   
   • Do Not Consent to a Search. Police may pat down your clothing if they suspect a concealed weapon. Do not resist, state clearly you do not consent to any further search of yourself, your belongings, your house, or your car.
     
     Magic Phrase: "I DO NOT CONSENT TO A SEARCH."
     
     If police have a warrant, ask to see it. The warrant should have accurate information (e.g. name, date, address) and should state the places to be searched and the items to be seized.
     
     
   • Any Statements You Make to the Police Can be Used Against You. They may also provide probable cause for the police to arrest you.
3. Arrest: If you are placed under arrest, you have a right to an attorney and the right to remain silent. You do not have to answer questions without a lawyer present.
   
   Magic Phrase: "I DO NOT WANT TO ANSWER ANY QUESTIONS; I WANT TO SEE MY ATTORNEY."

Write down everything you remember as soon as possible, including officers' badge and patrol car numbers, and witness' names and contact information.

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This is common sense advice for anyone, and should not be considered legal advice. I am a law student and not an attorney and cannot give legal advice. Nothing on this site should be considered to be legal advice.