What should you do
if stopped by the police...?
Tips that may save you from
a night in jail and could even save your life
With Assemblyman Benjamin from left to right are Police Officers Andre Williams, Mark Turner, and Steve Wattley.
-Photo compliments of Anna Foster, of the Bronx Times Reporter.
from
Assemblyman
Michael Benjamin
What should I do if I’m stopped by the Police?
Dear Constituents:
That’s a question many of you may have asked yourself as you watched and read about the fates
of Amadou Diallo, Timothy Stansbury, and Ousmane Zongo.
It’s important however to note that most police officers are decent professionals who are committed
to serving the community and conducting themselves as New York City’s finest. They deserve our
gratitude, our trust, and our support and respect. The big problem you face, however, is that you
never know when the officer who stops you is a model cop, or one about to become a “rogue cop”
at your pain.
It is therefore important that you know your rights, and also how to preserve your rights, and
your life.
This pamphlet, prepared with advice from the ACLU and printed with permission of the ACLU,
provides you with helpful information. My thanks to the ACLU for allowing me to share this information
and advice with you.
Notwithstanding anything you read in this pamphlet, please remember that your life is always worth
much more than your constitutional rights.
Use good judgement, support good law enforcement, and stay out of jail.
Assemblyman
Michael Benjamin
KEEP THIS PAMPHLET HANDY!
If You Have A Police Encounter, You Can Protect Yourself
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What you say to the police is always important. What you say can be used against you,
and it can give the police an excuse to arrest you, especially if you bad-mouth a police officer.
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You don’t have to answer a police officer’s questions, but you must show your driver’s license
and registration when stopped in a car. In other situations, you can’t legally be arrested for
refusing to identify yourself to a police officer.
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You don’t have to consent to any search of yourself, your car or your home. If you DO consent
to a search, it can affect your rights later in court. If the police say they have a search warrant,
ASK TO SEE IT AND READ IT THOROUGHLY.
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Do not interfere with, or obstruct the police- you can be arrested for it.
In Your Home
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If the police knock and ask to enter your home, you don’t have to admit them unless
they have a warrant signed by a judge.
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However, in some emergency situations (like when a person is screaming for help inside,
or when the police are chasing someone) officers are allowed to enter and search your
home without a warrant.
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Even if the police have a warrant to search your home, you are still not required to answer
questions. If police try to question you tell them you want a lawyer present.
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If you are arrested in your home or in your office, the police may search you and the “grabbable
area” immediately surrounding you or where your criminal activities are in plain view.
We all recognize the need for effective law enforcement, but we should also understand our own
rights and responsibilities–especially in our relationships with the police. Everyone, including
minors, has the right to courteous and respectful police treatment.
If your rights are violated, don’t try to deal with the situation at the scene. You can discuss the
matter with an attorney afterwards, or file a complaint with the Civilian Complaint Board.
If you are stopped for questioning
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It’s not a crime to refuse to answer questions. You can’t be arrested merely for refusing to
identify yourself on the street.
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Police may stop and detain you only if they have a reasonable suspicion that you have
committed, are committing, or you are about to commit a crime.
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If police have reasonable suspicion to believe you have a weapon, they may perform a frisk
and pat down your clothing. Don’t physically resist, but make it clear that you don’t consent
to any further search.
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Ask if you are under arrest. If you are, you have a right to know why.
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Don’t badmouth the police officer or run away, even if you believe what is happening is
unreasonable. That could lead to your arrest.
If you’re stopped in your car
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Upon request, show them your driver’s license, registration, and proof of insurance. 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
to the search. It is not lawful for police to arrest you simply for refusing to consent to a search.
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If you’re given a ticket, you should sign it; otherwise you can be arrested. You can always fight
the case in court later.
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If you’re suspected of drunk driving (DWI) and refuse to take a blood, urine, or breath test, your
driver’s license can be suspended and your car may be taken away.
If you’re arrested or taken to a police station
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You have the right to remain silent and to talk to a lawyer before you talk to the police. Tell
the police nothing except your name and address. Don’t give any explanations, excuses or
stories. You can make your defense later, in court, based on what you and your lawyer
decide is best.
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If you have a lawyer, ask to see your lawyer immediately. If you can’t afford a lawyer, you have
a right to a free one once your case goes to court. You can ask the police how a lawyer can
be contacted
Don’t say anything without a lawyer
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Within a reasonable time after your arrest, or booking, you should ask the police to contact
a family member, or friend. If you are permitted to make a phone call, anything you say at
the precinct may be recorded or listened to. Be very careful, and never talk about the facts
of your case over the telephone.
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Sometimes you can be released without bail or have bail lowered. You must be taken
before the judge within 24 hours after arrest.
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Do not make any decision in your case until you have talked with a lawyer.
What to do if you’re stopped by the police:
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Be polite and respectful.
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Never bad mouth a police officer.
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Stay calm and in control of your words, body language and emotions.
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Don’t get into an argument with the police.
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Remember anything you say or do can be used against you.
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Keep your hands where the police can see them.
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Don’t run. Don’t touch any police officer.
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Don’t resist even if you believe you are innocent.
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Don’t complain on the scene or tell the police they’re wrong or that you’re going to file a complaint.
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Don’t make any statements regarding the incident.
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Ask for a lawyer immediately upon your arrest.
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Remember officers’ badge and patrol car numbers.
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Write down everything you remember ASAP.
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Try to find a witness; take their names and phone numbers.
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If you are injured, take photographs of the injuries as soon as possible, but make sure you
seek medical attention first.
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If you feel your rights have been violated, file or call in a complaint with the Civilian Complaint
Review Board at 212-442-8833.
