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Know Your Rights & the Police

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Know Your Rights & the Police If you are arrested or taken to If you are arrested or taken to a police station, DO... a police station, DON’T... The Do’s and Don’ts of Police Stops YOUR RIGHTS & THE POLICE Encounters with the law can be stressful or w DO tell the police your name and basic w DON’T give them any information scary. People have various experiences with identifying information. But nothing else. except for your name and basic law enforcement, some of which are not identifying information. always fair or legal. This guide provides you w DO say “I want to remain silent” and “I practical information that could help you want to talk to a lawyer.” They should w DON’T give explanations, excuses, or avoid more trouble or potentially harmful stop questioning you after that. stories. Say “I want to remain silent” and situations. “I want to talk to a lawyer.” w DO make sure you get your 3 phone In this card you will find some language calls within 3 hours of getting arrested or w DON’T talk about your case on the underlined. These are “magic words” that immediately after being booked. You can phone. The police might be recording your you can repeat over and over to show you know the law. Memorize them. Know your call a lawyer, bail bondsman, relative, or phone calls (except those to your lawyer). rights, so you can use them. any other person. If you have children under w DON’T make any decisions in your case 18, you get 2 additional calls to arrange This guide is meant to offer some basic without talking to a lawyer. advice when interacting with police officers. childcare. Memorize phone numbers ahead This list applies to the state of California of time. w DON’T discuss your citizenship or only. Be sure to consult a lawyer. Know Your Rights! immigration status with anyone other w DO assume the police are recording When you know what the law says, than your lawyer. you can better protect yourself, your your calls (except the call with your lawyer). family, and your community. The ACLU of Northern California has created Know Your Rights guides w w w . a c l u n c . o r g on a range of issues: (415) 621-2488 WWW. ACLUNC.ORG / KYR If you are stopped for If you are stopped for If you are stopped in your car, DO... If you are stopped in your car, questioning, DO... questioning, DON’T... w DO show your license, registration, and DON’T... w DO ask “Am I free to go?” If they say ‘yes,’ w DON’T disrespect a police officer. proof of insurance when asked, if you were w DON’T physically resist a search. Say leave calmly. If they say ‘no,’ DO ask to know Although you have a constitutional right to driving. “I do not consent to a search.” why by saying, “Can you tell me why you are do so, it could lead to your arrest. w DO keep your hands on the wheel and w DON’T refuse to sign a ticket. You can be stopping me?” let the officer know what you are doing (“I’m w DON’T run away or physically resist going to reach for my registration now.”). arrested for it. w DO exercise your right to remain a “pat-down” or search. Say “I do not w DO say “I do not consent to a search.” w DON’T search for your license or silent. Say “I want to remain silent.” consent to a search.” registration until asked. It may look as if You cannot be arrested or detained for w DO sign your ticket if you are given one. w DON’T lie. Tell the police you don’t want to you are trying to hide something. refusing to answer questions. But it can Otherwise, you may be arrested. talk to them. Say “I want to remain silent.” look suspicious to the police if you answer w DO take the DUI test, unless you are willing w DON’T disrespect the officer. Although questions and then suddenly stop. Make it w DON’T forget that police are legally to risk your license being suspended. you have a constitutional right to do so, it your practice to always remain silent. allowed to lie, intimidate, and bluff. w DO keep your car interior clear of could lead to your arrest. w DO make sure the officer knows you w DON’T discuss your citizenship or unnecessary objects. It may give the w DON’T attempt to bribe the police. police reason to search the car. do not agree to be searched (they might immigration status with anyone other w DON’T play music loudly when the search you anyway, but make your opposition than your lawyer. w DO ask if you can park your car in a safe place police walk up to your car. known). Say “I do not consent to a search.” or have a licensed driver take it away, if you are arrested, to avoid towing or impoundment fees. w DON’T have any objects hanging from w DO, if you are being given a ticket, give NOTE: An AB 60 license should be accepted by your rearview mirror. It may give police a your name and birth date, and sign the state and local law enforcement in California, reason to pull you over. ticket. If you don’t, you may be arrested. the same as other state-issued IDs. .
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