If you encounter a police officer...

If you encounter a police officer:

STAY CALM. BE QUIET.

KEEP YOUR HANDS IN PLAIN VIEW.

DO NOT MAKE SUDDEN MOVES.

OBEY ALL COMMANDS OF POLICE OFFICERS SUCH AS:

GET ON THE GROUND OR PUT YOUR HANDS UP.

DO NOT FIGHT WITH POLICE OR RESIST ARREST.

Ask the officer if you are free to leave.

You should give your name and address-other than this, you do not have to speak! You do not have to answer questions, and you can answer some questions and not others. It is up to you.

You do not have to consent to a request to search your car, backpack, purse, pockets, etc. You can tell the officer you do not give permission to search.

If you are under arrest and the police ask you questions you have the right to the presence of an attorney during any questioning.

You can keep a card with you that reminds you of these rights. You could simply hand this card to a police officer if you wish. (See example of card at the end of this article.)

If you are going to a demonstration where you may be arrested, carry your identification but little else. Have some friends on the outside who can help you if you are arrested. If you are taken into custody, do not speak to the police, prisoners in jail or even your friends about the circumstances of your arrest. Someone may be listening to your conversation.

If you are arrested, you may be given a ticket by the police and released, or you may be taken to a judge or magistrate for “arraignment.” The judge will inform you of what you are charged with, ask if you plead guilty or not guilty, and set your bail. The judge may ask questions such as where you live, how long you have lived there, where you work, and your prior criminal record, if any. The judge is asking these questions to determine how much your bail should be. If you choose to speak, make sure everything you tell the judge is completely accurate.

If you plead not guilty, the judge will release you on "your own recognizance" or set an amount of bail you have to pay. You will be given a court date to return to the courthouse. You will receive your bail money back after your case is resolved, which could be several months.

After you get out, write down everything that happened the day you were arrested, take photographs of the arrest scene and consult an attorney. Do not speak to anyone but an attorney about the case.

Your rights are basic and pretty easy to understand. Why then do so many people decide to speak to the police, sign a confession, consent to a search or cooperate in some other way?

People typically panic in response to threats or statements made by police.Police will tell you that if you give them information or sign a confession that you can get the charges against you reduced or dismissed, or that you will get a certain sentence, such as a fine or probation. Conversely if you refuse to confess or refuse to provide certain information, the police will tell you that you are going to receive a prison sentence. These threats are often untrue and should not be a reason to talk to the police. It is generally not a good idea to try to negotiate with police.

Some people try to “explain themselves” to police by trying to justify what happened. Statements you give to the police will be twisted by them and used against you, so it is generally not a good idea to “explain your side.” Also, you should not lie to police.

Sometimes police will arrest a group of people together and question each person separately. The police will tell each person in the group: “Your friends have betrayed and accused you. They say you planned everything. Do you want to tell us your side before you are charged with all of these crimes?” This is a false and misleading tactic, but often works for the police when several people are arrested together. If you are arrested with a group, it is usually best for everyone to stay quiet.

Often the police will tell people they have evidence of a crime, such as eyewitnesses, a crime caught on videotape or fingerprints. This may or may not be true. It is not a reason to speak to police. Police have been known to tell people they are going to lose custody of their children if they do not cooperate.

Believe it or not, police officers have even posed as a suspect‘s “court-appointed attorney” in order to get people to reveal information. If you cannot afford an attorney, a judge will appoint a lawyer to represent you. Your lawyer would not ask you to confess to a crime or reveal information about your friends.

No matter what you are asked or what the police say, you do have the right to keep quiet. Exercise it!

There are many ways you can be manipulated by police, but if you remember to stay calm and quiet, you will have a much better chance of fighting the charges against you.

Good luck!

My name is

My address is

Am I free to leave?

I will not be answering questions at this time.

I do not consent to any searches.

If I am under arrest I request the presence

of an attorney during any questioning.