Know Your Rights:
Encounters with the Police
Step 2: Detention
Your Rights:
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You have no obligation to speak.
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MAGIC WORDS “I am going to remain silent.”
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You do not have to consent to a search, but police may “pat down” your clothing, if they suspect you may have a weapon. You have the right to refuse to consent to any further search. If you do consent, it may affect you later in court. DO NOT CONSENT.
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Silence = Consent
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Use your magic words and speak loudly but calmly.
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MAGIC WORDS “I do not consent to this search”
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You do not need to carry or show ID unless you are driving or are not a US citizen. However, if you show your ID, it may speed the process up.
Your Responsibilities:
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Stay calm.
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Do not physically resist a pat down.
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Remember your magic words.
Call to file a complaint: NYPD Internal Affairs Bureau (212) 741-8401 Civilian Complaint Review Board 311
Visit: www.aclu.org/profiling
Step 1: Conversation
Your Rights:
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You have no obligation to speak.
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If you do speak:
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Five Finger Rule (say less than 5 words)
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Give as little information as possible
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Do not lie or give false documents
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You may respond with a question of your own, “Officer, sorry, am I being detained?”
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If you are not under arrest or detained, you can leave.
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Your Responsibilities:
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Stay calm.
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Do not run or argue with the police.
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Remember your magic words.
MAGIC WORDS “Am I free to go?” or “Am I being detained?”
Step 3: Arrest
Your Rights:
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You have no obligation to speak
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You do not have to answer any questions. The police may keep asking questions but you must keep asserting your right using the magic words.
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MAGIC WORDS “I am going to remain silent”
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You have the right to an attorney. Ask for one immediately
Your Responsibilities
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Stay calm.
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Do not resist arrest (going limp can be resisting)
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Do not respond to police with Violence.
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Do not argue with the police.
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Remember the name, badge number, car number, etc. of your arresting officer and any other officer on the scene
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Write down everything you can remember as soon as you have your first chance to do so.