Know Your Rights
Know Your Rights
From 1995 to 2008, the Ella Baker Center's Bay Area PoliceWatch campaign worked to protect the community from police misconduct and advocate for the creation and implementation of restorative policing practices. Over the years, we provided a combination of social and legal services while mobilizing the grassroots. The following resource was developed as part of our Bay Area Police Watch program.
Encounters with the police can be frightening and confusing. Use these guidelines to protect your rights when dealing with law enforcement officers.
If the Police Stop You...
• Stay in control of your emotions and words. Don’t physically resist.
• Keep your hands visible.
• Remain silent. They have guns, pepper spray and billy clubs. Your strongest weapon is your mind.
• The less you say, the better. Silence is not a crime.
• Ask, "Am I free to go?" If they keep you, you are being detained.
• Ask, "Why are you detaining me?" To detain you, the police must have reasonable suspicion that a person has been involved in criminal activity.
or Try to Search You...
• Never consent to a search.
• Say loud and clear (especially if there are any witnesses present): "I do not consent to a search."
• Don’t resist physically.
• Don’t open your bag for them. It will count as consent to the search.
• Police may 'pat down' your clothing if they suspect weapons or drugs.
or Try to Enter Your Home...
• Never consent to a search.
• Step outside. Lock the door behind you.
• Ask to see a warrant. Make sure it has the right information (e.g., address) and a judge’s signature.
• They can do only what the warrant allows them to. Warrants often limit the search to one room, one day, etc. Make sure they are complying with the warrant.
or Stop You in Your Car...
• Stay calm. Again, you do not have to answer any questions.
• When they ask you, show them your driver’s license, registration, and proof of insurance.
• Tell the officer, "I do not consent to a search."
• Don’t open your trunk or car door.
• The police can order occupants out of their car for police safety. As long as you maintain that you do not consent, opening your car door doesn't necessarily mean you consent to a search.
• If they give you a ticket, sign it. Otherwise you can be arrested. Fight the ticket in court later.
• If the police suspect you of drunk driving and you refuse to take a blood, urine or breath test, your license can be suspended.
If the Police Arrest You...
• Do not answer any questions until a lawyer arrives to represent you.
• Say only, "I choose to remain silent and I want to talk to my attorney."
• The police may handcuff, search, photograph and fingerprint you.
• Do not talk about your case to anyone except your attorney.
If You See or Experience Police Brutality
• Remain calm.
• Write down the details of the incident, badge numbers, and names of witnesses immediately.
• Get a medical report immediately, as well as photographs documenting any injuries or property damaged.
Always Be a Witness
• Always be a witness for a friend, relative or stranger.
• Stop and watch.
• Record the officer’s name, badge number, and car number. Write down the time, the place, who said what, and who did what.
• If the officer tells you to leave, say, "I have the right to observe from a safe distance." Assure them, "I’m not trying to interfere."
From 1995 to 2008, the Ella Baker Center's Bay Area PoliceWatch campaign worked to protect the community from police misconduct and advocate for the creation and implementation of restorative policing practices. Over the years, we provided a combination of social and legal services while mobilizing the grassroots. The following resource was developed as part of our Bay Area Police Watch program.
Encounters with the police can be frightening and confusing. Use these guidelines to protect your rights when dealing with law enforcement officers.
If the Police Stop You...
• Stay in control of your emotions and words. Don’t physically resist.
• Keep your hands visible.
• Remain silent. They have guns, pepper spray and billy clubs. Your strongest weapon is your mind.
• The less you say, the better. Silence is not a crime.
• Ask, "Am I free to go?" If they keep you, you are being detained.
• Ask, "Why are you detaining me?" To detain you, the police must have reasonable suspicion that a person has been involved in criminal activity.
or Try to Search You...
• Never consent to a search.
• Say loud and clear (especially if there are any witnesses present): "I do not consent to a search."
• Don’t resist physically.
• Don’t open your bag for them. It will count as consent to the search.
• Police may 'pat down' your clothing if they suspect weapons or drugs.
or Try to Enter Your Home...
• Never consent to a search.
• Step outside. Lock the door behind you.
• Ask to see a warrant. Make sure it has the right information (e.g., address) and a judge’s signature.
• They can do only what the warrant allows them to. Warrants often limit the search to one room, one day, etc. Make sure they are complying with the warrant.
or Stop You in Your Car...
• Stay calm. Again, you do not have to answer any questions.
• When they ask you, show them your driver’s license, registration, and proof of insurance.
• Tell the officer, "I do not consent to a search."
• Don’t open your trunk or car door.
• The police can order occupants out of their car for police safety. As long as you maintain that you do not consent, opening your car door doesn't necessarily mean you consent to a search.
• If they give you a ticket, sign it. Otherwise you can be arrested. Fight the ticket in court later.
• If the police suspect you of drunk driving and you refuse to take a blood, urine or breath test, your license can be suspended.
If the Police Arrest You...
• Do not answer any questions until a lawyer arrives to represent you.
• Say only, "I choose to remain silent and I want to talk to my attorney."
• The police may handcuff, search, photograph and fingerprint you.
• Do not talk about your case to anyone except your attorney.
If You See or Experience Police Brutality
• Remain calm.
• Write down the details of the incident, badge numbers, and names of witnesses immediately.
• Get a medical report immediately, as well as photographs documenting any injuries or property damaged.
Always Be a Witness
• Always be a witness for a friend, relative or stranger.
• Stop and watch.
• Record the officer’s name, badge number, and car number. Write down the time, the place, who said what, and who did what.
• If the officer tells you to leave, say, "I have the right to observe from a safe distance." Assure them, "I’m not trying to interfere."
Patrol Officer Leads Police Outreach to Local Korean-Americans
"We're just no arresting enough Koreans these days" Chief says
BREAKING NEWS: FAIRFAX COUNTY POLICE GIVE OUT ANOTHER AWARD TO THEMSELVES
Cops spend $8 million in awards so far this year, more expected
The Fairfax County Police awarded one of its cops a plaque for “Looking the most Asian in the group”. The contest was, one moron said “One of those spur of the moment things to kill time.”
The idiot in charge said, “Look, we really don’t have anything else to do, we’re on large salaries, so we get paid if we work or give out awards, and besides, the tax payers are footing the bill on the plaque, so what’s the big deal?”Chief of Police David Rhoerererer wrote a 900-page commemorative in honor of the “Looking the most Asian in the group” from his condo in Ocean City, where he can be found these days.
The contest winner, Irvin “Shotsy” Goldberg, on left, said “I’m really drunk now, I gotta get a grip on this drinking” This week’s candidates for the Brian Sonnenberg Peaceful Resolution to Conflict Center Award. Fairfax County Police. police brutality
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Orange Co FL deputy arrested on domestic violence charges in incident involving wife [0] bit.ly/xEUkRc
Harrison Co IN deputy takes a plea deal for felony criminal recklessness for giving his wife a gun when she threatened to commit suicide during a dispute, which she then used to commit suicide. [0] cjky.it/yQ7okA
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Flomaton AL police chief arrested for false imprisonment after he arrested a man 177 miles away from his jurisdiction in Florida then transported him back without regard for extradition laws. [1] bit.ly/xX68kX
The Fairfax County Police Officer Jeffrey Hand Award for Creative Income Production. Fairfax County Police. Police Brutality
Baltimore MD cop arrested after her daughter undercharged her by $300 while she was working as cashier at supermarket [0] bsun.md/zELzbD
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Opelousas LA cop and a Ville Platte LA cop were arrested on charges related to an alleged conspiracy to commit felony theft [1] bit.ly/xz79Tu
Fairfax County Police Officer Amanda Perry award for Safe Driving. Fairfax County Police. Police brutality
Rockford IL park dist police officer gets probation for filing false report about how his cruiser was damaged [0] bit.ly/zVJHMy
Colleton Co SC says they’ll pay $300k of a $700k jury judgment to the family of a man killed in head-on crash with deputy, because that’s what their insurance will cover. [0] bit.ly/y67Q8q
Fairfax County Police Officer David Ziants award for kill somebody and the worst thing that happens to you is you get fired.
Pleasantville NY police reports released by court order reveal cop fired at cop who fatally shot Pace Univ student [4] bit.ly/wOZ27W
Chicago IL settles suit for $3.6mil
Chicago IL settles suit for $3.6mil to man who falsely confessed to murder after tortured by cops for 30hrs [0] bit.ly/zTkWfe
The officer Christian Chamberlain Award for “Fuck you, I’ll get away with it anyway” Fairfax County police . Police brutality
Mt Sterling OH police chief resigns after dept suspended when he failed to tell officials that cop tasered 9yr-old [0] bit.ly/xfNkAk
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