Know Your Rights| What To Do (And Not To Do) When Confronted By Police
Some people get very intimidated while dealing with police and let them do whatever they want. If the police stop your car or come to your home, it's important to know your civil rights. Here are some things that you can do during an encounter with the police.
You can go home
If you are at the police station answering questions, you don't have to stay. Police cannot detain you if you aren't under arrest. Ask the police officer nicely if you are under arrest. If he or she says no, tell them you are leaving then.
You can stay quiet
While you should always be polite to police officers, you don't usually have to answer their questions. If you have been arrested, it's important to request a lawyer immediately. Once you ask for a lawyer, the police are not allowed to question you any further without a lawyer present.
You don't always have to show ID
If the police ask you to identify yourself, there are only certain instances where you have to oblige. Police can only ask you to show your identity if they have probably cause or suspicion. This may include being pulled over for a traffic violation or someone matching your description causing a problem around town. However, it's usually just better to identify yourself to avoid any mistaken identity issues.
You don't have to let them search your car
The police can search your car with probable cause, but not just because they feel like it. If you appear to be under the influence, they have probable cause to look for alcohol or illegal substances. They can also search your car if they smell marijuana; have a drug dog that detects drugs, or other suspicions. If your car does get search and something is found, remember to stay quiet. Words can hurt you, but silence can't.
You don't have to let police into your home
If the police come to the door to ask you some questions, they'll probably start by asking if they can come in. As soon as they are invited in, they will start glancing around and it is a lot more difficult to get rid of them. Tell the police you're happy to talk outside if you even want to talk. You have the right to ask them to leave as well. If the police want to look for something in your home; there are only three ways that they can come in and look:
- You invite them in to look
- Probably cause
- A search warrant
Probable cause for you home usually have to be something such as hearing dangerous screams, a gunshot, or something that is detrimental to someone's safety.
Checkpoints
Traffic checkpoints are roadblocks set up by the police. They stop every or most cars that are driving through the checkpoint. The purpose of checkpoints is usually to check for drunk drivers. Sometimes checkpoints are set up to check ID if a dangerous criminal is loose in the area. Checkpoints are generally treated like a routine traffic stop. The police are allowed to ask for ID and request a sobriety test. However, they still can't search your vehicle without probable cause.
You don't need to get upset and flustered just because the police are talking to you. You need to stand your ground and exercise your rights. If you don't the police will get you to do as much as possible. As long as you agree, they are well within their rights. It's when you stop agreeing and say, "No I won't let you do that," they have to stop. Don't let them search your person or property without a reason, and remember that you don't need to talk to them unless you're under arrest and without a lawyer from a place like the Valerie Little Law Corporation.