IF YOU ARE STOPPED, QUESTIONED OR SEARCHED BY A LAW ENFORCEMENT OFFICER
An encounter with law enforcement can be stressful and scary. Below we describe your constitutional rights during police interactions and offer strategies for handling these encounters. However, it is never your responsibility to de-escalate an encounter—that responsibility lies solely with police officers. Unfortunately, you cannot assume that officers will protect your safety, act lawfully during your encounter, or respect your assertion of your constitutional rights. While you may reduce the risk to your safety by staying calm even if an officer is not behaving respectfully and choosing your words, movement, body language, and emotions carefully, we acknowledge that attempting to put an officer at ease cannot guarantee your safety and people have still been injured or killed after doing so.
IF YOU ARE STOPPED FOR QUESTIONING OR SEARCHED
- Officers are generally required to provide the reason for stopping you before asking you any questions—regardless of whether you were stopped in a vehicle or while walking. This means that an officer can no longer ask you to tell them why they stopped you or pulled you over. If the officer asks you why they stopped you, do not provide them with any information and instead ask them to tell you the reason for the stop.
- You do not have to show an officer your identification unless you are being lawfully detained or arrested.
- However, if you are driving you do have to provide your driver’s license if asked, or else you may be ticketed or arrested for driving without a license.
- You have the right to remain silent and should not be arrested or detained for refusing to answer questions. For example, say, “I am exercising my right to remain silent.”
- Do not forget that police are legally allowed to lie, intimidate, and bluff.
- You do not have to answer questions regarding your place of birth, your immigration status, or how you entered the United States. You should not discuss immigration-related information with anyone other than your lawyer. (Reminder: separate rules apply at airports and international borders or for individuals with certain nonimmigrant visas, including tourists and business travelers).
- If you are not under arrest, you have the right to leave. However, before leaving, ask the officer if you are free to do so. For example, say, “Am I being detained?” and/or “Am I free to go?” If they say “yes,” calmly leave. If they say “no,” ask why by saying, “Can you tell me why you are stopping me?”
- You should not consent to a search of yourself, your vehicle, or your belongings and can calmly state to the officer, “I do not consent to a search.” However, refusing to consent to a search may not stop the officer from carrying out the search against your will. (Reminder: by objecting before or during a search, you are preserving your rights in any later legal proceeding).
- When an officer searches your person, they are allowed to pat down your outer clothing if they suspect a weapon.
- If you consent to the search, know that you can revoke consent at any time. Speak clearly and let them know that you are no longer consenting to the search.
IF YOU ARE ARRESTED
- If you are being arrested (driver or passenger), the officer may ask you for identifying information such as your name (and its spelling), date of birth, and address.
- Do not answer any questions about your place of birth, your immigration status, or how you entered the United States.
- If you are arrested, you have the right to an attorney. Ask for an attorney immediately upon your arrest. Ask for an attorney again if the officer reads you your rights or starts to question you. Make sure that you tell the officer clearly that you want to speak with an attorney and that you are asserting your First Amendment right to remain silent.
- Do not make any statements regarding the incident. Do not give explanations, excuses, or stories. Say “I want to remain silent” and “I want to talk to a lawyer.”
- Do not say anything, sign anything, or make any decisions without an attorney.
- If you are arrested and are taken to the police station, do not talk about your case on the phone. The police might be recording your phone calls (except those to your lawyer).
- Do not make statements about your arrest or case to friends or family, or on the Internet (e.g., Instagram, Tik Tok, e-mail, Facebook, X, etc.).
IF YOU EXPERIENCED AN UNLAWFUL STOP, SEARCH, OR ARREST, FILE A COMPLAINT:
- After the incident, write down everything you remember as soon as possible. Remember the officer’s name, badge, and patrol car numbers, the law enforcement agency, and all details about the incident, including what was communicated verbally and physically. Try to find witnesses and write down their names and phone numbers.
- If you are injured, make sure you seek medical attention. You should also take photographs of the injuries as soon as possible and continue to take regular photographs of the injuries.
- After the unlawful stop and/or arrest, and once you are no longer in a potentially harmful situation, you can file a complaint with the law enforcement agency against the officer. Do not tell the officer on the scene that you are going to file a complaint.
- If your complaint involves LAPD, you may also file a complaint with the Office of the Inspector General for the City of Los Angeles.
- If your complaint involves LASD, you may also file a complaint with the Office of the Inspector General for the County of Los Angeles.
- If your complaint involves the Santa Ana Police Department, you may also file a complaint with the Police Oversight Commission.
- If your complaint involves a law enforcement agency in San Bernardino County, you may also file a complaint with the Civil Grand Jury.
- In addition to submitting a complaint with the local law enforcement agency and oversight entity, you should submit the complaint to the Commission on Peace Officer Standards and Training.
WHEN WITNESSING AN INTERACTION WITH A LAW ENFORCEMENT OFFICER
- You have the right to record or photograph law enforcement officers while they are engaged in law enforcement activity.
- However, you do not have a right to interfere with law enforcement activity, so consider keeping a safe distance from any law enforcement encounter you are documenting to avoid physically interfering.
- Make sure you are not violating any other laws while filming.
- If you are not under arrest, officers are not allowed to confiscate your phone.
- Officers are also not allowed to delete or view your photographs or videos without a warrant.
- Despite being legally entitled to record and photograph an encounter, an officer may order you to stop recording or to give them your phone. If you feel safe doing so, you may attempt to exercise your right to photograph or record by calmly saying, “I have a First Amendment right to take photographs and videos and do not consent to handing over my phone or having it searched.” However, some officers may arrest you for refusing to comply with their unlawful order. While the arrest would be unlawful and you may be able to challenge it later, you should weigh the personal risks of arrest and a search of you and your belongings against the value of continuing to record or photograph the interaction.
STRATEGIES FOR REDUCING THE RISK TO YOURSELF
- Do not get into an argument with the officer. Stay safe.
- Do not lie or use false documents.
- Think carefully about your body language, movement, and emotions. Act calmly. Don’t do anything the officer might perceive as a physical threat or as reaching for a weapon.
- Even if you object to a search, never physically resist or pull away.
- Do not run or do anything to suggest that you are attempting to flee.
- Keep your hands where the officer can see them.
- Do not resist or touch an officer, even if you believe they are acting unlawfully.
If you or a loved one has been arrested or a victim of police violence, please report this to ACLU of SoCal and complete our online form for assistance.
This information does not constitute legal advice.
