KNOW YOUR RIGHTS:

your rights and the police

When it comes to police harassment, knowing your rights is your best defense. Keep in mind that some laws vary from state to state, and that this information is not intended as a substitute for the advice of a lawyer.
What you say to the police is important. What you say can be used against you, and if you badmouth, yell at, or threaten police officers, it can give them reason to arrest you.
You do not have to answer a police officer's questions, but you must show your driver's license and registration when stopped while driving a car. In other situations, you cannot be legally arrested for refusing to identify yourself to a police officer.
You do not have to give consent to any search of yourself, your car, or your house. If you do consent to a search, it can affect your rights later in court. If the police say they have a warrant, ask to see it.
Do not interfere with the police, even if they begin an illegal search-- you can be arrested for it. File a complaint later if you feel your rights have been violated. Evidence obtained in an illegal search is not admissible in a court of law.

if you are stopped by the police

You may remain silent. You do not have to answer any questions, give your name, phone number, address, or age, or show any ID unless you are operating a car or are in a place where alcohol is served. However, it is advisable to provide only basic information, such as name, age, and address.
Ask if you are under arrest. If so, ask why. If you are not under arrest, you should be free to leave. Never run from a police officer.
Do not physically resist. The police may frisk you for weapons by patting the outside of your clothing, but nothing more. Make it clear that you do not consent to any search. However, if you are searched, do not resist. File a complaint later.

if you are stopped in your car

Show your driver's license and registration upon request. Your car can be searched without a warrant only if the police have probable cause. To protect yourself, make it clear that you do not consent to a search.
If you are given a ticket, sign it if requested. This is not an admission of guilt. Fight the ticket in court later if you believe you are innocent.
If you are suspected of drunk driving and refuse a breath test, your license can be suspended.

if you are arrested

Whether or not you are guilty, go with the officer. You can make your defense in court.
You have the right to remain silent-- use it. Tell the police nothing except your name, age, and address. Don't give explanations, excuses, or stories.
Ask to talk to a lawyer at once. You can do so by phone right after being taken into custody. If you are arrested for a jailable offense and you can't afford to pay for a lawyer, you have the right to a free one. Don't talk to the police until your lawyer is present.
If the police say they have a warrant, ask to see it. Whether or not the police have a warrant to search you or your property, you can protect yourself by making it clear that you do not agree to any search. Do not physically resist.
The police must give you a receipt for everything taken from you, including your wallet and its contents, clothes, and any packages you were carrying when arrested.
You may be released with or without bail following booking. If not, you have the right to go into court and see a judge the next court day after arrest. Demand this right. When you appear before the judge, ask for an attorney.
Don't make any decisions in your case until you've talked to a lawyer.

E-mail any questions or comments to the Youth and Civil Liberties Council Director
Copy and distribute this information freely. Know your rights-- protect yourself.