Know Your Rights!
With the news of the non-indictments following the deaths of John Crawford, Mike Brown, and Eric Garner at the hands of those who have been charged to protect us, our communities are feeling outraged and discouraged at the state of race relations with law enforcement. The climate is sensitive and volatile. This time calls for our society as a whole to be more socially active and aware than ever before.
It is important to know your rights and how to respond to officers when stopped or approached. There are several “golden rules” when dealing with police:
1. Remain Silent
2. Do NOT consent to a search
3. Ask if free to leave.
4. If not, ask for a lawyer.
5. Stay calm and courteous.
Below are some of the most frequently questions the attorneys at Walton + Brown receive about interactions with the police:
Q: What kind of law enforcement officers might try to question me?
A: You could be questioned by a variety of law enforcement officers, including state or local police officers, Joint Terrorism Task Force members, or federal agents from the FBI.
Q: Do I have to answer questions asked by law enforcement officers?
A: No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions. In general, only a judge can order you to answer questions.
Q: Are there any exceptions to the general rule that I do not have to answer questions?
A: Yes, there are two limited exceptions. First, in some states, you must provide your name to law enforcement officers if you are stopped and told to identify yourself. But even if you give your name, you are not required to answer other questions. Second, if you are driving and you are pulled over for a traffic violation, the officer can require you to show your license, vehicle registration and proof of insurance (but you do not have to answer questions).
Q: Can I talk to a lawyer before answering questions?
A: Yes. You have the constitutional right to talk to a lawyer before answering questions, whether or not the police tell you about that right. The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent. If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions. If you do have a lawyer, keep his or her business card with you. Show it to the officer, and ask to call your lawyer. Remember to get the name, agency and telephone number of any law enforcement officer who stops or visits you, and give that information to your lawyer.
Q: What if I speak to law enforcement officers anyway?
A: Anything you say to a law enforcement officer can be used against you and others. Keep in mind that lying to a government official is a crime but remaining silent until you consult with a lawyer is not. Even if you have already answered some questions, you can refuse to answer other questions until you have a lawyer.
If you feel that your rights have been violated by a police officer, contact the attorneys at Walton + Brown LLP