![]() May I record the police during an interaction? This is one of those gray areas of law enforcement and has been a source of controversy and tension in many communities, since the rationale for a pat down typically comes down to the officer's word versus that of the individual who was patted down. That said, the police may pat you down through your clothing (without a warrant or arrest) if they have reasonable suspicion that you're carrying a weapon. The right to be free from a warrantless search and seizure is protected by the Fourth Amendment to the Constitution. If you don't consent to an unwarranted search and they do it anyway, anything they find-even if it's incriminating-may be dismissed. The police may not search you if you are not under arrest or if they lack a valid warrant. ![]() If the officers ask you to come in to talk, but do not place you under arrest and do not read you your rights, you should most likely speak with an attorney before answering any questions. Generally speaking, only a judge has the legal authority to make you answer questions. If you are arrested, you have the right to call a lawyer without the police listening, and if you are a minor, a parent/guardian must be contacted. If you feel the police are questioning you as the suspect of a crime, you have the right to remain silent and you typically should speak to an attorney before answering questions or writing/signing any statements-even if you are innocent. You have the right to ask for the officers' badge numbers and names. If you feel that your rights are being violated, make it a point to note the details of your encounter in case you need to file a police misconduct claim later. You may ask them what crime you are accused of committing. If you are placed under arrest, it is your right to know what you are being arrested for. In many places, resisting arrest is a crime in itself. If they say you're not free to go and either continue asking questions or detain you, again, stay calm. However, you're not required to answer such questions and by doing so you're effectively waiving your rights.Īfter you speak with the officer(s), ask whether you're free to go. For example, you may have witnessed a robbery a few blocks away and want to help the officer track the suspect. If you feel inclined to volunteer any information, perhaps in an effort to be helpful, you may do so. This doesn't mean they won't ask questions. Even if you've done nothing wrong, remember that lying to the police is a crime, but remaining silent is not. If you wish to exercise your right to remain silent, you must say so out loud. ![]() While the police may require you to tell them your name (depending on state law), they may not legally require you to tell them about your immigration status, where you're traveling from, where you're going, or what you're doing. It is typically in your best interest not to argue or resist, but remember that you still have rights-especially the right to remain silent. If you are approached by the police, try to stay calm and keep your hands where they are visible. What are my basic legal rights if I am stopped by the police in public? ![]()
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