Think carefully about your words, movement, body
language, and emotions.
Don't get into an argument with the police.
Remember, anything you say or do can be used
against you.
Keep your hands where the police can see them.
Don't run. Don't touch any police officer.
Don't resist even if you believe you are innocent.
Don't complain on the scene or tell the police they're
wrong or that you're going to file a complaint.
Do not make any statements regarding the incident.
Ask for a lawyer immediately upon your arrest.
Remember officers' badge and patrol car numbers.
Write down everything you remember ASAP.
Try to find witnesses and their names and phone
numbers.
If you are injured, take photographs of the injuries as
soon as possible, but make sure you seek medical
attention first.
If you feel your rights have been violated, file a written
complaint with police department's internal affairs
division or civilian complaint board.
1. 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.
2. You must show your driver's license and registration
when stopped in a car. Otherwise, you don't have to
answer any questions if you are detained or arrested,
with one important exception. The police may ask for
your name if you have been properly detained, and you
can be arrested in some states for refusing to give it. If
you reasonably fear that your name is incriminating,
you can claim the right to remain silent, which may be a
defense in case you are arrested anyway.
3. You don't have to consent to any search of yourself,
your car or your house. 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.
4. Do not interfere with, or obstruct the police -- you can
be arrested for it.
IF YOU ARE STOPPED FOR
QUESTIONING
1. It's not a crime to refuse to answer questions, but
refusing to answer can make the police suspicious
about you. If you are asked to identify yourself, see
paragraph 2 above.
2. Police may "pat-down" your clothing if they suspect a
concealed weapon. Don't physically resist, but make it
clear that you don't consent to any further search.
3. Ask if you are under arrest. If you are, you have a
right to know why.
4. Don't bad-mouth the police officer or run away, even
if you believe what is happening is unreasonable. That
could lead to your arrest.
IF YOU ARE STOPPED IN YOUR CAR
1. 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 a search. It is not lawful for police to arrest you simply
for refusing to consent to a search.
2. If you're given a ticket, you should sign it; otherwise
you can be arrested. You can always fight the case in
court later.
3. If you're suspected of drunk driving (DWI) and refuse
to take a blood, urine or breath test, your driver's
license may be suspended.
IF YOU ARE ARRESTED OR TAKEN TO A
POLICE STATION
1. 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.
2. Ask to see a lawyer immediately. If you can't pay for a
lawyer, you have a right to a free one, and should ask
the police how the lawyer can be contacted. Don't say
anything without a lawyer.
3. Within a reasonable time after your arrest, or
booking, you have the right to make a local phone call:
to a lawyer, bail bondsman, a relative or any other
person. The police may not listen to the call to the
lawyer.
4. Sometimes you can be released without bail, or have
bail lowered. Have your lawyer ask the judge about this
possibility. You must be taken before the judge on the
next court day after arrest.
5. Do not make any decisions in your case until you
have talked with a lawyer.
IN YOUR HOME
1. 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.
2. 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.
3. If you are arrested, the police can search you and
the area close by. If you are in a building, "close by"
usually means just the room you are in.
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
Internal Affairs or Civilian Complaint Board.
This information is Produced by the American Civil Liberties
Union, and Copyrighted by the American Civil Liberties Union.
Mark Thompson, Attorney at Law
220 Lafayette Street
Suite 120
Iowa City, IA 52240
ph: (319) 354-1630
fax: (319) 887-2537
mark@thompsonjustice.com
The information contained in this website is not intended to be legal
advice. With any criminal matter, you should seek the advice of an
attorney/lawyer practicing in criminal defense.
Copyright, Mark Thompson, Attorney at Law, All Rights Reserved.
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What to Do if Stopped
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