Frequently Asked Questions - how-to | How to Flex Your Rights During Police Encounters

How do I deal with police at my door?

Don't be intimidated by police at your door. These rules will help protect your rights and improve your odds of avoiding a home search.

No Warrant, No Search!
The Supreme Court has ruled that the home is entitled to maximum search protection. Even if they have probable cause to believe something illegal is going on inside your home, the 4th Amendment requires police to get a signed search warrant from a judge to legally enter and search.

Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters

The major exception to the search warrant requirement is where consent is given to an officer's request to enter. If, for example, an officer is legally invited into your home, any illegal items that are out in the open -- or in "plain view" -- can be seized as evidence, which can lead to an arrest. That being the case, it's always wise to keep any private items that you don't want others to see out of view of your entrance area.

Don't Let Them Inside
It's a good safety habit to determine who is at your door before opening it. If after looking out the window, through your peephole, or asking "Who is it?" you find police at your door, you have several options that may help keep them from unexpectedly entering.

1). If you're concerned they might try to force an entry, you may great them outside after exiting through another door.

2). You may speak with officers through the opening protected by your chain lock.

3). If police come to your door and you don't require their help, you may simply decline to answer the door at all. Unless they have a warrant, they will eventually leave.

Determine the Reason for the Visit
While you might not be pleased to have police at your door, it's wise to treat them as you would any other unexpected visitor. Calmly and respectfully ask, "How can I help you?"

In many cases, an officer's visit will have little to do with you or be something you can easy fix. For example, an officer may be seeking information about a crime committed in your neighborhood. Or she might be responding to a noise complaint. If so, it's wise to apologize for the inconvenience, then turn down the music or bring in your barking dog from the backyard.

In other instances, an officer might want to investigate activities taking place in your home and ask to enter. You might even be a suspect in a criminal investigation. In such a case you should remain silent -- except to say "Officer, I can't let you inside without a search warrant." Following such an encounter, you should immediately contact a lawyer before speaking to police again.

Educate Friends & Family

As is often the case, a naïve friend, family member, or roommate may invite police into your home. They too should be aware of their right to refuse police entry. (See "Can someone else consent to a search of my property?")

How do I deal with police during a traffic stop?

A traffic stop can be stressful and terrifying -- especially if you're not prepared. These rules will help protect your rights and improve your odds of driving away safely.

Always Be Calm & Cool
If police flag you down, pull over immediately, turn off your car, and place your hands on the wheel. Police like to see your hands for their own safety -- so wait until they request your paperwork before reaching for it. At night, it's also a good idea to turn on the dome light, so the officer can see you're not armed.

Clip from the DVD BUSTED: The Citizen's Guide to Surviving Police Encounters

Always greet policemen and policewomen as "Officer". For example, you may start off with "Good afternoon, Officer. How's it going today?" Under no circumstances should you ever talk back, raise your voice, or use profanity with a police officer. Being hostile with police is stupid and dangerous. You can't win that game.

If the officer writes you a ticket, accept it quietly and never complain. Listen to any instruction on paying the fine or contesting the ticket, and drive away slowly.

Remain Silent: What You Don't Say Can't Hurt You
Police may try to get you to admit to having broken a law. For example, an officer may ask, "Do you know how fast you were going?"

Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters

You may assert your 5th Amendment protection against self-incrimination by refusing to admit you might have broken a law. As such, the best answer to that and similar questions is "No, Officer."

Because anything you say can and will be used against you in court, the less you say the better. You also don't want to announce to police that you know your rights. They'll take that as a challenge. Just keep quiet and calm.

You Have the Right to Refuse Search Requests
Police may order the driver and any passengers out of the vehicle. If this happens, step out of the car. If they have reasonable suspicion to detain you, police may frisk the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed.

If police detain and frisk you, you have the right to clearly state your refusal to consent to the search. For example, you may say "Officer, I'm not resisting. I do not consent to this search." But you should only verbally refuse. Never physically resist. Just touching an officer could get you tasered or beaten. You could also get a felony charge for assaulting a police officer.

Whether or not they frisk you, an officer may ask you a series of questions, which may include something like "You don't mind if I have a look in your car?" While this might sound like a command, it's usually a request -- and the 4th Amendment protects your right to refuse search requests. (See also "When are police allowed to search my car?")

In response to such request, you may politely decline by saying "Officer, I know you're just doing your job, but I don't consent to searches." Some officers may use their authority to make you feel obligated to prove your innocence by asking "What do you have to hide?" Don't fall for such tricks. If necessary, repeat your refusal.

Refusing a search request is not an admission of guilt and does not give the officer the legal right to search or detain you. In fact, most avoidable police searches don't occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests.

The 4th Amendment protects your right to refuse search requests, but you must clearly state your refusal for the protection to legally apply.

Determine if You're Free to Go
Unless you're detained or arrested, you may terminate the encounter anytime. But don't wait for the officer to dismiss you. Ask if you're free to go.

For example, if an officer threatens to call in a K-9 unit if you refuse a search, you should ask "Officer, are you detaining me, or am I free to go?"

Not only can this line can help withdraw you from an encounter, it also deflects any of the officer's probing questions or threats. So if an officer says "If you cooperate with me, everything will go easy for you." You may respond by saying either "Officer, I don't consent to any searches" or "Officer, am I free to go?"

If the officer lets you leave, do so immediately. If the officer's answer is unclear, or if he asks additional questions, persist by repeating "Officer, am I free to go?"

Ask for a Lawyer
If you are not free to go, you are being detained. The officer might have some reason to suspect you of a crime, and you may be arrested.

In such a situation, your magic words are "I'm going to remain silent. I wold like to see a lawyer." These magic words are like a legal condom. They're your best protection if you're under arrest.

Never rely on police to inform you of your right to remain silent and see a lawyer. Repeat the magic words as necessary, but say no more. Remember that anything you say can and will be used against you in court.

How do I deal with police on the street?

In any given public police encounter, the below rules will help protect your rights and improve your odds of walking away safely.

Determine the Reason You've Been Stopped
Just as police may approach a citizen and initiate a conversation, you have the right to terminate such "voluntary" conversations. Legally, an officer must have reasonable suspicion to believe you're engaged in criminal activity in order to escalate the encounter into a legal detention.

Clip from the DVD, Busted: The Citizen's Guide to Surviving Police Encounters

But because officers are not required to tell you if you're free to leave a voluntary encounter, it's up to you to determine if you're being detained or if you're free to go. Before answering an officer's questions, you may courteously ask "Officer, am I free to go?" If you're free to go, then go. If the officer's answer is unclear or she asks additional questions, persist by repeating "Officer, am I free to go?"

If you're not free to go, you are being detained. The officer might have some reason to suspect you of a crime, and you may be arrested. In such a situation, your magic words are "I'm going to remain silent. I would like to see a lawyer." These magic words are like a legal condom. They're your best protection if you're under arrest.

Never rely on police to inform you of your right to remain silent and see a lawyer. Repeat the magic words as necessary, but say no more. Remember that anything you say can and will be used against you in court.

Always Be Calm & Cool
Under no circumstances should you ever talk back, raise your voice, or use profanity with a police officer. Being hostile with police is stupid and dangerous. You can't win that game.

You Have the Right to Refuse Search Requests
If they have reasonable suspicion to detain you, police may frisk the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed.

If police frisk you, you have the right to clearly state your refusal to consent to the search. For example, you may say "Officer, I'm not resisting. I do not consent to this search." But you should only verbally refuse. Never physically resist. Just touching an officer could get you tasered or beaten. You could also get a felony charge for assaulting a police officer.

Refusing a search request is not an admission of guilt and does not give the officer the legal right to search or detain you. In fact, most avoidable police searches don't occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests.

The 4th Amendment protects your right to refuse search requests, but you must clearly state your refusal for the protection to legally apply.

Don't Run!
If you see police approaching, don't run under any circumstances. If police see someone running away, especially in a "high-crime" neighborhood, that gives them reasonable suspicion to immediately chase and stop him. Sometimes people fleeing the police out of panic have even been shot at.

If you see police approaching, stand your ground, and be prepared to assert your rights. But don’t run.

Can I See Some ID?
During a street encounter, police may request to see your ID. While there are no state laws requiring citizens to carry ID of any kind, many states require you to identify yourself if police have reasonable suspicion to believe you're you're involved in criminal activity.

But how would you know if an officer asking you do identify yourself has reasonable suspicion? Remember, police need reasonable suspicion to detain you. One way to tell if they have reasonable suspicion is to determine if you're free to go. You may do this by asking "Officer, are you detaining me, or am I free to go?" Repeat, if necessary.

If the officer says you’re free to go, leave immediately and refrain from answering any additional questions.

If you're detained, you'll have to decide whether withholding your identity is worth the possibility of arrest or a prolonged detention. For example, in cases of mistaken identity, revealing who you are might help to resolve the situation quickly. Knowing your state's laws can help you make the best choice.

(See "When do I have to show police ID?")

What should I do if I'm a victim of police misconduct?

If you feel that your rights have been violated by police, or you've witnessed misconduct against someone else, do not panic. It's normal to be intimidated, but responding to misconduct is an essential step towards protecting yourself and your community from future police abuse.

There are several steps to the process of combating police misconduct, and you must approach them in a calm and organized manner.

Step 1: Write everything down
This step is extremely important and must be completed as soon as possible following the incident. It’s easy to forget small details over time, and there’s no way to know which facts will make a difference later on.

In your own words describe everything that took place from the very beginning of the police encounter to the end. When quoting yourself or the officer try to use exact words. Be specific about the location, time of day, etc. Replay the events slowly in your head to help remember as many details as possible.

Also include witness’s names and contact information and the officers’ names, physical descriptions, and badge numbers. If necessary, be prepared to return to the scene of the incident in search of possible witnesses. Doing so may also help jog your memory about other important details.

Include only the facts that you're sure about and be very careful to avoid any inaccuracies because these can damage your credibility and undermine the entire report.

Step 2: Consult with an attorney
This step is essential if you were arrested following the incident. It is optional, but recommended, if you were not arrested.

Victims of police misconduct are often vigorously prosecuted in order to gain leverage in case the victim files a lawsuit. If you’re caught in a situation like this, you need a good police misconduct attorney immediately. Avoid attorneys who work in many different areas of the law. Click here for a list of attorneys who specialize in handling cases of police misconduct.

Police misconduct cases are challenging, and lawyers meet a lot of difficult people, so separate yourself from the pack by being calm and well-organized. The materials you prepared in Step 1 will help demonstrate that you are a competent defendant whose case is worth taking.

Whether or not you were not charged with a crime following the incident, you may still wish to pursue a civil suit against the police department. An attorney will help you determine whether you have a strong enough case. Proving police misconduct is extremely difficult, so your attorney will choose whether to proceed based on the strength of the evidence, rather than the severity of the misconduct. This type of case is often taken on contingency, meaning that you won’t have to pay any legal fees and your lawyer gets paid only if he or she wins a settlement from the police department. Do not become upset if you can’t find an attorney to take your case, simply proceed to Step 3.

Step 3: File a Police Misconduct Report
This step cannot begin until all criminal charges and civil actions have been resolved. Filing a police misconduct report prematurely will hurt your chances in court by revealing too much information to the police. Of course, if you weren’t charged with a crime and you’re not suing, the complaint should be filed right away.

The materials you prepared in Step 1 will form the body of your complaint. You’ll be glad you wrote it down back then, because you might be filing your complaint weeks or months after the incident.

Where to file your complaint depends on your jurisdiction, but there’s usually a citizen review board or an office within the police department that accepts them. Entering “police complaint” + “(name of your town or city)” into Google will usually direct you to the correct office. If your town has a civilian review board and an office within the police department that both accept complaints, you should send your report to both offices.

Also take note of whether there’s an official form that you’re required to use. If so, you may have to transfer the information you wrote down in Step 1 onto the correct form. Failing to do so could result in your complaint being rejected arbitrarily. In some areas you might have to call or visit a police office in order to obtain the proper form. When doing so, refrain from discussing the nature of your complaint with any police officer. Police might try to intimidate you by claiming that your particular complaint has no merit. Worse, they may warn the officers involved, which could lead to a cover-up.

Finally, before sending your complaint, be sure to make copies and place them in a secure location. Send your complaint by certified mail so the police cannot deny having received it. You should also send copies to your local ACLU and NAACP chapters.

Finally, keep in mind that filing a complaint does not ensure a prompt response from the police department or civilian monitoring agency. Police departments receive many complaints, so your concerns won’t necessarily receive the individual attention they may deserve.

Remember that your complaint creates documentation of an incident and could be used in conjunction with other complaints to illustrate a pattern of misconduct. This information is useful to community activists who work to prevent systemic police abuse in your community. Similarly, your complaint could become relevant in the future if the same officer is accused of additional misconduct. In short, your complaint is important even if you don't get a response.

How do I keep police from searching my car?