POLICE VIOLATED MY RIGHTS
• When you can, write down everything you remember, including officers’ names, their badge and patrol car numbers, which agency they represent and any other details that might be important. Ask witnesses for their contact information.
• Consider filing a written complaint with the agency’s internal affairs division or civilian complaint board. In some cases, you can file a complaint anonymously.
• If you’re injured, seek medical attention immediately. Take photographs of your injuries and document your pain symptoms.
• To request legal assistance from the ACLU-SDIC, call us at 619-232-2121 or email us at info@aclu-sdic.org
• When you can, write down everything you remember, including officers’ names, their badge and patrol car numbers, which agency they represent and any other details that might be important. Ask witnesses for their contact information.
• Consider filing a written complaint with the agency’s internal affairs division or civilian complaint board. In some cases, you can file a complaint anonymously.
• If you’re injured, seek medical attention immediately. Take photographs of your injuries and document your pain symptoms.
• To request legal assistance from the ACLU-SDIC, call us at 619-232-2121 or email us at info@aclu-sdic.org.
DO’S & DON’TS: Vehicle Stops
Police must have reasonable suspicion to stop you. To reduce your risk, try to stay calm.
If you are stopped in your vehicle:
• DO stop in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel. If you’re in the passenger seat, put your hands on the dashboard.
• DO show your license, registration, and insurance info when asked for them.
• DO know that both the driver and passengers have the right to remain silent. Say, “I want to remain silent.” You do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live.
If you’re a passenger, you can ask if you’re free to leave. If the answer is yes, you may calmly leave.
• DO sign your ticket if given one. Otherwise, you may be arrested.
• DON’T make sudden movements. Keep your hands where the officer can see them. If you need to move your hands, let the officer know what you are doing, for your safety. For example, say, “I’m going to reach for my registration now.”
• DON’T discuss your citizenship or immigration status with anyone other than your lawyer. (Separate rules apply at international borders and airports as well as for individuals on certain nonimmigrant visas.)
DO’S & DON’TS: Searches
Police must at least have reasonable suspicion (excluding Fourth Amendment waivers) to legally search you unless you give consent. Police may pat down your outer clothing only. They may not squeeze or reach into your pockets unless they believe they felt a weapon or contraband. They may broaden their search if they have probable cause.
If you are searched:
• DO make sure the officer knows you do not agree to be searched (they might search you anyway, but calmly and safely make your opposition known). Say, “I do not consent to a search.”
• DON’T run, physically resist, or fight back. Avoid reaching suddenly for any items or toward your waistband, or emptying your pockets as the officer approaches.
• DON’T physically resist or consent to have your vehicle searched. Say, “I do not consent to a search.” But, if police believe your car contains evidence of a crime, it can be searched without your consent.
DO’S & DON’TS: Arrests
Police must have probable cause to arrest you.
If you are arrested:
• DO say, “I want to remain silent,” and clearly state, “I want to talk to a lawyer.”
• DO exercise your right to make free phone calls.
• DON’T give any explanations or excuses, or tell police anything except for your name and basic identifying information.
• DON’T say or sign anything, or make any decisions without a lawyer.
• DON’T talk about your case on the phone with anyone but your lawyer. The police may listen to all calls except for those you make to your lawyer.
