June 24, 2020
I’ve Been Stopped By The Police In Public
- You have the right to remain silent. For example, 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 wish to exercise your right to remain silent, say so out loud calmly. (In some states, you may be required to provide your name if asked to identify yourself, and an officer may arrest you for refusing to do so.)
- Consider using the new Siri shortcut “I’m getting pulled over”. It will dim your phone, pause any music being played, and start recording video from your front-facing camera. It can also send your current location and a copy of that video to an emergency contact, though you’ll need to confirm a few pop-up messages to complete these steps.
- LegalShield members can call the Emergency Access line using the LegalShield app. You can advise the police that you are contacting your attorney. The police cannot listen if you call a lawyer. They can and often will listen to a call made to anyone else.
- You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect that you have a weapon. Note that refusing consent may not stop the officer from carrying out the search against your will, but making a timely objection before or during the search can help preserve your rights in any later legal proceeding.
- If you are arrested by police, you have the right to a government-appointed lawyer if you cannot afford one.
- You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports as well as for individuals on certain nonimmigrant visas, including tourists and business travelers.)
How to reduce risk to yourself
- Stay calm. Don’t run, resist, or obstruct the officers. Do not lie or give false documents.
- Avoid making sudden movements, and keep your hands where the officer can see them. If you intend to move your hands from wherever they are, tell the officer what you intend to do before doing it, especially if you intend to place your hand in any pocket or inside of your jacket.
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 anything, or make any decisions without a lawyer.
- If you have been arrested by police, you have the right to make a local phone call. LegalShield members can call the Emergency Access line using the LegalShield app. You can advise the police that you are contacting your attorney. The police cannot listen if you call a lawyer. They can and often do listen if you call anyone else.
If you believe your rights were violated
- Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any 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’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.
How to be a responsible bystander
- If you are with the person who is being questioned, you have the right to remain silent as well.
- You can ask if you’re free to leave. If yes, you may silently leave.
- Your friend may appreciate that once you step away, that you stand at a safe distance and, if possible, use your phone to record video of what is happening. As long as you do not interfere with what the officers are doing and do not stand close enough to obstruct their movements, you 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. Police officers do not have 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 Pennsylvania, you have no obligation to affirmatively make people aware that you are recording them. That’s not the case in all states. You can check the rules of your state here.
- Police officers may not confiscate or demand 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 to stop recording or orders you to hand over your phone, you 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 aware that some officers may arrest you for refusing to comply even though their orders are illegal. The arrest would be unlawful, but you will need to weigh the personal risks of arrest (including the risk that officer may search you upon arrest) against the value of continuing to record.