Police Encounters

Encounters with the law can be stressful or scary. People have  various experiences with law enforcement, some of which are not always fair or legal. This guide provides you practical information that could  help you avoid more trouble or potentially harmful situations. The bolded words below are “magic words” that you can repeat over and over to show you know the law. Memorize them. Know your rights, so you can use them.

• DO ask “Am I free to go?” If they say ‘yes,’ leave calmly. If they say ‘no,’ DO ask to know why by saying, “Can you tell me why you are stopping me?”
• DO exercise your right to remain silent. Say “I want to remain silent.” You cannot be arrested or detained for refusing to answer questions.  But it can look suspicious to the police if you answer questions and  then suddenly stop. Make it your practice to always remain silent.
• DO make sure the officer knows you do not agree to be searched  (they might search you anyway, but make your opposition known). Say “I do not consent to a search.”
• DO, if you are being given a ticket, give your name and birth date, and sign the ticket. If you don’t, you may be arrested.

• DON’T disrespect a police officer. Although you have a constitutional right to do so, it could lead to your arrest.
• DON’T run away or physically resist a “pat-down” or search. Say “I do not consent to a search.”
• DON’T lie. Tell the police you don’t want to talk to them. Say “I want to remain silent.”
• DON’T forget that police are legally allowed to lie, intimidate, and bluff.
• DON’T discuss your citizenship or immigration status with anyone other than your lawyer.

• DO show your license, registration, and proof of insurance when asked, if you were driving.
• DO keep your hands on the wheel and let the officer know what you are doing (“I’m going to reach for my registration now.”).
• DO say “I do not consent to a search.”
• DO sign your ticket if you are given one. Otherwise, you may be arrested.
• DO ask about the consequences of refusal if you are asked to take a  DUI test. Generally, you have a right to refuse a pre-arrest breath  test and can say “I do not consent to the test.” However, if you are  arrested for DUI, refusal to take a chemical test after your arrest will  result in your license being suspended and possibly being charged with a crime.
• DO keep your car interior clear of unnecessary objects. It may give the police reason to search the car.
• DO ask if you can park your car in a safe place or have a licensed driver take it away, if you are arrested, to avoid towing or impoundment  fees.

NOTE: An AB 60 license should be accepted by state and local law enforcement in California, the same as other state-issued IDs.

• DON’T physically resist a search. Say “I do not consent to a search.”
• DON’T refuse to sign a ticket. You can be arrested for it.
• DON’T search for your license or registration until asked. It may look as if you are trying to hide something.
• DON’T disrespect the officer. Although you have a constitutional right to do so, it could lead to your arrest.
• DON’T attempt to bribe the police.
• DON’T play music loudly when the police walk up to your car.
• DON’T have any objects hanging from your rearview mirror. It may give police a reason to pull you over.

• DO tell the police your name and basic identifying information. But nothing else.
• DO say “I want to remain silent” and “I want to talk to a lawyer.” They should stop questioning you after that.
• DO make sure you get you have a memorized number that you can call to help you get out of jail.  Sometimes the police will not allow you to access your phone to get numbers. If you have children under 18, make sure they have a number memorized. Memorize phone numbers ahead of time.
• DO assume the police are recording your calls (except the call with your lawyer).

• DON’T give them any information except for your name and basic identifying information.
• DON’T give explanations, excuses, or stories. Say “I want to remain silent” and “I want to talk to a lawyer.”
• DON’T talk about your case on the phone. The police might be recording your phone calls (except those to your lawyer).
• DON’T make any decisions in your case without talking to a lawyer.
• DON’T discuss your citizenship or immigration status with anyone other than your lawyer.

If you wish to record encounters with law enforcement, DO… 

• DO consider recording when you are in public, and when it is safe to  do so. You have a right to record law enforcement officers in public  spaces like streets, sidewalks, and parks.
• DO report abuse by law enforcement agencies to FDLE or any internal affairs at the agency you where arrested by.