Your Constitutional Protections
Interacting with law enforcement can be stressful, but everyone in the United States, regardless of citizenship status, has certain rights protected by the U.S. Constitution. Knowing these rights can help you protect yourself and navigate the situation calmly and safely.
The Right to Remain Silent (5th Amendment)
You have the right to remain silent. If you wish to exercise this right, you must state it clearly and calmly. A simple, polite statement is all that is needed.
"Officer, I am going to remain silent. I would like to speak with a lawyer."
You do not have to answer questions about where you are going, where you are coming from, what you are doing, or your immigration status. In some states, you may be required to provide your name, address, and date of birth if you are being detained or arrested, but you are not required to answer any further questions.
The Right to Be Free from Unreasonable Searches and Seizures (4th Amendment)
- Consensual Encounters: If an officer approaches you on the street and begins asking questions, you can ask, "Am I free to leave?" If they say yes, you can calmly walk away.
- Traffic Stops: During a traffic stop, police can look inside your car from the outside, but they cannot search the inside of your car, trunk, or glove compartment without your consent or "probable cause" (a reasonable belief that you have committed a crime).
- Searches of Your Person or Belongings: Police may "pat you down" on the outside of your clothing if they have a reasonable suspicion that you are armed and dangerous. They cannot go into your pockets without your consent or probable cause.
You have the right to refuse a search. If an officer asks to search your car, your bag, or your person, you can calmly say:
"Officer, I do not consent to a search."
If they search anyway, do not physically resist, but clearly state that you do not consent. This can be important for your case later.
Key Things to Remember During an Encounter
- Stay Calm and Polite: Keep your hands where the police can see them. Do not run, resist, or obstruct the officers.
- Do Not Lie: Lying to a police officer is a crime. It is better to remain silent than to provide false information.
- Remember Details: If you feel your rights have been violated, try to remember everything you can, including the officers' names, badge numbers, and what happened. Write it down as soon as you are able.
- Do Not Sign Anything: Do not sign any documents without first speaking with a lawyer.