The 4th Amendment to the U.S Constitution protects you from unreasonable searches and seizures. What that means is for a police officer to search and arrest someone, he or she will need to get permission or a warrant to do so from a judge. To get a warrant, the police officer must have evidence or probable cause that supports it. The police officer, or whoever has the evidence, must swear that it is true to his or her knowledge. Some searches can be done without a warrant without breaking the law, like when there is reasonable, articulable suspicion that a person is, has been or is about to be involved in criminal activity or that a person is armed with a weapon that constitutes a danger to the officer or others.
There are three types of police and citizen interactions: (1) Consensual Encounters, (2) Investigative Detentions & (3) Arrests.
- Consensual Encounters occur when a police officer approaches you and engages in a conversation. This type of encounter does not require the officer to have a reasonable suspicion of criminal activity because the encounter is consensual. However, the officer cannot detain you or create the impression that you are not free to walk away. You don’t have to respond or comply if the officer asks you a question or asks to see your ID or your belongings.
TIPS:
- If you are unsure if you are free to leave, ask the officer if you’re free to leave?
- Walking away or running away from a police officer without giving an explanation however is not a good idea.
- The second type of encounter is the Investigative Detention, commonly called a Terry For this type of encounter to be legal under the Fourth Amendment, the officer must have “reasonable suspicion” that the person stopped is involved in criminal activity or has committed a traffic offense. Reasonable suspicion is the legal standard by which a police officer has the right to briefly detain a suspect for investigatory purposes and frisk the outside of their clothing for weapons, but not for drugs. The detention can only be as long as it takes the officer to pursue the reason for the stop, unless additional reasons are discovered. (For females, a male officer may conduct a pat search; however, the officer should not grope or remove clothing.)
- The last type of officer/citizen encounter is an arrest which must be based on probable cause. Probable cause requires facts or evidence that would lead a reasonable person to believe that a suspect has committed a crime. If probable cause exists, a police officer can search you or your car during a traffic stop and/or arrest you. (Body cavity searches can only be conducted by qualified medical personnel of the same gender and must have a search warrant and done at the jail. Strip searches can only be conducted by the same gender and out of public view.)
Pedestrian Stops
- The two biggest Don’ts when interacting with a police officer are “Don’t Run & Don’t Fight. Stay calm and polite. Don’t argue or obstruct the police, even if you are innocent or police are violating your rights. Telling on the police officer is your way to fight back.
Think carefully about what you say, your movements,
body language and emotions.
- Keep your hands where police can see them.
- Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
- You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud.
- You do not have to consent to a search of yourself or your belongings during an investigative detention, but police may “pat down” your clothing if they suspect that you have a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court. Police can look inside your pockets, your purse, or other containers only if their “pat down” provides evidence of a weapon or a crime. If a “pat down” would not be sufficient to establish whether you have a weapon (such as a container with hard sides), or if they have probable cause to believe they will find evidence of a crime. (Example: officer watches you take candy that does not belong to you.)
- You do not have to carry ID with you, or show it to an officer on demand, but inability (or unwillingness) to produce an ID when an officer intends to charge you with a crime will mean that the officer must make an arrest and cannot simply give you a citation
Home
- If the police come to your home, you do not have to let them in unless they have a warrant. Police may enter without a warrant in emergency situations such as when they hear someone screaming inside or when chasing someone. Some warrants allow police to enter without first announcing themselves and showing the warrant.
- Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows the police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside (Example: Officers cannot search in places where a person could not be located.).
- Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.
Vehicles Stops
- Stop the car in a safe place as quickly as possible. Turn the car off, if at night, turn on your internal lights, open the window part way and place your hands on the steering wheel.
- Upon request, show the officer your driver’s license, registration and proof of insurance.
- If an officer asks to look inside your car, you can refuse to consent to the search (Remember: Officer must have probable cause to search your vehicle, but if the officer believes that your car contains evidence of a crime then your car can be searched without your consent.).
- Be aware that a minor traffic violation (g., speeding, broken taillight, or expired registration) are not considered probable cause. However, minor violations provide the opportunity for an officer to make contact that may lead to additional violations.
- Police may order the driver and any passengers out of the vehicle. If this happens, step out of the car.
Remember: If the officer has reasonable suspicion to detain you, the officer may frisk the outside of your clothing to check for weapons.
TIP: You can verbally refuse to consent to a search, but NEVER physically resist. Just touching an officer can get you tased, beaten and/or arrested.
RECAP:
Your Rights
- You have the right to be respected by the police, but remember, respect often works both ways.
- You have the right to remain silent if you wish to do so but say so out loud.
- If you are under arrest, you have the right to a lawyer, ask for one immediately.
- REMEMBER: Do not resist arrest, even if you believe that the arrest is unfair.
- Criminal defense attorneys say that citizens’ big mouths get them in the most trouble. They advise you to keep quiet.
- You have the right to make a local phone call.
- If you feel your rights have been violated, you have the right to report it. File a complaint with the officer’s police department’s Internal Affairs Unit, a civilian review board (ACRB) or your local ACLU.
IMPORTANT: POLICE MISCONDUCT CAN NOT BE CHALLENGED ON THE STREET.
Your Responsibilities
- Do stay calm and polite.
- Do not interfere with or obstruct the police.
- Don’t run or resist even if you believe you are innocent.
- Do not lie or give false information.
- Do not touch a police officer and do not fight.
- Listen and follow directions. State your objection to the directions and complain later.
- Remember the details of the encounter and write down everything immediately (including the officer badge number, patrol car number, which department the officer works from, description of officers, contact information from witnesses, etc…). If injured, take photos of your injuries and seek medical treatment. File a complaint.
- Remember you may always be a witness, so even in a situation where an officer is treating your friend badly, it is important that you maintain a safe distance to observe the officer’s actions and state your objection loudly and clearly. Look, Listen, Record, and Tell. You are helping your friend the most by being able to tell what happened later.
Got MORE QUESTIONS…?????
Please call the ACRB for more information: 404-865-8622
or visit our website: www.acrbgov.org