Know Your Rights!

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If a Police Officer Stops You On The Sidewalk...

You are perfectly within your rights to say to the officer who asks to speak with you, "Officer I do not want speak with you, good-bye." At this point you should be free to leave the officer's presence. The officer may not like this and may challenge you with words like, "If you have nothing to hide, why won't you speak to me?" Just like the first question, you do not have to answer this question either.

There is NO law that says you must tell a police officer where you are going or where you have been. So keep your mouth shut and say nothing!

The next step the police officer might take is to ask for identification. If you have identification on you, tell the officer where it is and ask permission to reach for it.


Probable Cause...

A police officer has no right to detain you unless there exists reasonable suspicion that you committed a crime or traffic violation. However a police officer is always allowed to initiate a voluntary conversation with you.

Sometimes it is unclear whether or not a person is detained. If you are in doubt, you should ask the police officer if you are in "Am I Free to Leave." Now if the police officer doesn't have "probable cause", and you refuse him to search your car, he might bring in a drug dog. At this point since the officer has no probable cause, he may be illegally detaining you. Tell the officer that you have an appointment and you're running late, and you really don't have time to stay. Ask him if you're "Free to Leave" so that you're not late for that appointment.

Under the Fourth Amendment to the U.S. Constitution, police may engage in "reasonable" searches and seizures. To prove that a search is "reasonable," the police must generally show that it is more likely than not that a crime has occurred, and that if a search is conducted it is probable that they will find either stolen goods or evidence of the crime. This is called "probable cause."

Police may use first hand information, or tips from an "informant" to justify the need to search your property. If an informant's information is used, the police must prove that the information is reliable under the circumstances.

Here is a case where the police used an "informant's" word and the police officers took it upon themselves to kick in a door of a home at 1:30 in the morning without obtaining a search warrant. The aftermath was six police officers firing over 30 shots and shooting an innocent man 9 times in the back as he laid on the ground. Read Story


What You Don't Know Could Change Your Life Forever...

You might be wondering, don't police tell me that I have the right not to be searched? After all when a suspect is arrested, he is told before interrogation takes place that he has the right to remain silent.

The Supreme Court has said NO. According to the Court, the fact that a person might not know he has the right to refuse a search is merely one factor in the determination of whether his consent is voluntary. The Court has reasoned that the police do not need to give warnings -- to eliminate any doubt about the suspect's knowledge of her rights -- because warnings might detract from the informality of an otherwise "friendly" interaction between "civilians and the police." So you might ask yourself, is someone that would use something against you really a "friend?"

The Supreme Court has explained that "the community has a real interest in encouraging consent, for the resulting search may yield necessary evidence for the solution and prosecution of crime...." Furthermore, the Court has concluded, it would be "thoroughly impractical" to require an effective warning about the right to refuse.



Can We Trust the Cops?

Are police officers allowed to lie to you? Yes the Supreme Court has ruled that a police officer can lie to a citizen while questioning them. Police officers are very good at lying, twisting words and they are trained to be manipulative. Police officers and other law enforcement agents are very skilled at getting information from people. So don't try to out smart the cop or try being a smooth talker because you will loose! If you can keep your mouth shut, you might just come out ahead more then you expected.

The federal government made a law that says citizens can't lie to federal agents. They can lie to us, but we can't lie to them. Makes perfect since don't it? The best thing you can do is ask for a lawyer and keep your mouth shut. How can you be charged with something if you haven’t said anything?

Although police officers may seem nice and pretend to be on your side, they are likely to be intent on learning about the habits, opinions, and affiliations of people not suspected of wrongdoing, with the end goal of stopping political activity with which the government disagrees. Don't try to answer the police officers questions, or try to "educate them" about your cause, it can be very dangerous! You can never tell how a seemingly harmless bit of information that you give the police officer might be used and misconstrued to hurt you or someone else. And keep in mind that lying to a federal agent is a crime.

Officers may promise shorter sentences and other deals for statements or confessions. The police cannot legally make deals with people they arrest. The only person who can make a deal that can be enforced is the prosecutor, and he should not talk with you without a lawyer present who represents you.

Teach your children that the cops are not always their friends, and the police officer must contact a parent for permission to ask your child any questions. Remember that the police are trained to put you at ease and to get you to trust them. Their job is to find, arrest and help convict a suspect. And that suspect is you!



Lies That The Police Use To Get You To Talk...

There are many ways the police will try to trick you into talking. Its always safest just to say the Magic Words: I'm going to remain silent and I want a lawyer.

The following are common lie's the police use when they’re trying to get you to talk:

* "You will have to stay here and answer my questions" or "You're not leaving until I find out what I want."

* "I have evidence on you. Tell me what I want to know or else." (They can fabricate ''fake'' evidence to convince you to tell them what they want to know.)

* "You’re not a suspect. Were simply investigating here. Just help us understand what happened and then you can go."

* "If you don’t answer my questions, I won’t have any choice but to take you to jail."

* "If you don’t answer these questions, you’ll be charged with resisting arrest."



If The Police Arrest You...

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. If during a search or an arrest the police take anything from you, they must give you a receipt for every item seized, including your wallet and its contents, clothes, and any packages you were carrying when arrested.


"I DON'T WANT TO TALK UNTIL MY LAWYER IS PRESENT"

* Even if your rights weren't read, refuse to talk until your lawyer/public defender arrives.

* If your arrested and can not afford an attorney, you have the right to a public defender. If you get a public defender always make it clear that the public defender is not representing you, but merely is serving as your counsel.

* Do not talk to the inmates in jail about your case.

* 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.

* If you're on probation or parole, tell your P.O. you've been arrested, but nothing else.

* You may be released with or without bail following the booking. If not, you have the right to go into court and see a judge the next court day after your arrest. Demand this RIGHT! When you appear before the judge, ask for an attorney. An attorney has a better chance at convincing a judge to let you out on a lower bail then you could.