Knowing your basic rights can help you stay safe and protect your case. These rules are general and apply nationwide, though details vary by state.
During a stop
- Stay calm, keep your hands visible and do not run or resist, even if you think the stop is wrong.
- You can ask whether you are free to leave. If so, you may calmly walk away.
- Police may stop you briefly with reasonable suspicion of a crime, and may pat down your outer clothing only if they reasonably suspect you are armed.
- Whether you must identify yourself depends on your state's law.
Searches
You can say clearly that you do not consent to a search. Police may still search in some situations, such as with a warrant or under certain exceptions, but refusing consent preserves your ability to challenge the search later. Do not physically interfere.
If you are arrested
- You have the right to remain silent. Say so clearly and ask for a lawyer.
- Stop answering questions about the case until you have a lawyer, though you can give basic identity information.
- Do not discuss the case on jail phones, which are usually recorded.
- You have the right to an attorney, and one will be appointed if you cannot afford one.
- Write down everything you remember as soon as you can.
About Miranda warnings
Police must read Miranda warnings before custodial interrogation, but an arrest can happen without them. Anything you say before warnings may still be usable in some cases, so it is safest to stay silent and ask for a lawyer.
Frequently asked questions
Can I record the police?
In public spaces, you generally have the right to record officers as long as you do not interfere. Rules for audio recording vary by state.
What if my rights were violated?
Note badge numbers, get witnesses and speak to a civil rights or criminal defense attorney promptly.