How to Flex Your Rights During Police Encounters

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

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

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 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.

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

Unfortunately police sometimes search you even if you refuse consent. If they find anything illegal and you're arrested, you’ll have to get a lawyer and fight it out in court.

If the officer convinces the judge that there was probable cause to search without your consent, then the evidence will be admissible in court. If your lawyer convinces the judge that there was no probable cause, then the evidence will be thrown out and your charges will be dismissed.

Every case is unique, so it’s hard for us to tell you how good your chances are in your particular case. Your attorney should be able to tell you what to expect from the judges in your area.

If you're searched illegally and nothing is found, you may consider taking legal action or at least filing a complaint. Local attorneys, as well as your local ACLU and NAACP chapters may be able to help you.

(See "How to Deal with Police Misconduct")

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.

If you believe you were wrongly frisked, consider filing a police misconduct report.

(See also "When are police allowed to frisk me?" and "How to Deal with Police on the Street")

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

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