Saturday, April 18, 2009

Know your rights: If you are stopped on the street

If anything has resonated with me over the past couple of weeks, it is the importance of knowing your rights when encountered by public officials, and so I thought it would be good to share some of those insights with you:
If a police officer stops you on the street, you do not have to answer any of their questions. You can simply say, "I do not want to talk to you" and walk away calmly" and walk away calmly. Or if you don't feel comfortable doing that, you can ask if you're free to go. If the answer is yes, just walk slowly away (but don't run!). If the officer says that you are not under arrest, but you are free to go, then you are being detained.
Being detained is not the same as being arrested, however an arrest could follow. Detainment means that a police officer can pat down the outside of your clothing if they have "resonable suspicion" that you might be armed or dangers.
However, if there is any more searching going on than this, it is not okay. Simply say "I do not consent to a search," and if they keep going you can and should physically resist them. During detainment or in the event of an arrest, you do not need to answer any questions. The only question that you do need to answer is your name, you can be arrested in some states for refusal to provide your name.
Information provided by the American Civil Liberties Union.

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