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Know Your Rights:

Encounters with the Police

Step 2: Detention

 

Your Rights: 

  • You have no obligation to speak.

    •  MAGIC WORDS I am going to remain silent.”                            

  • 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.

 

    • Silence = Consent 

    • Use your magic words and speak loudly but calmly.

    • MAGIC WORDS “I do not consent to this search” 

 

  • 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:

  • Stay calm.

  • Do not physically resist a pat down.

  • 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

     http://www.naacp.org/page/s/misconduct

Step 1: Conversation

Your Rights:

  • You have no obligation to speak.

    • If you do speak: 

      • Five Finger Rule (say less than 5 words) 

      • Give as little information as possible

      • Do not lie or give false documents

      • You may respond with a question of your own, “Officer, sorry, am I being detained?”

      • If you are not under arrest or detained, you can leave. 

 

Your Responsibilities:

  • Stay calm.

  • Do not run or argue with the police.

  • Remember your magic words.

 

MAGIC WORDS “Am I free to go?” or “Am I being detained?” 

 

 

 

 

 

Step 3: Arrest

Your Rights:

  • You have no obligation to speak

    • 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.

 

  • MAGIC WORDS “I am going to remain silent”

  • You have the right to an attorney. Ask for one immediately

 

Your Responsibilities

  • Stay calm.

  • Do not resist arrest (going limp can be resisting)

  • Do not respond to police with Violence.

  • Do not argue with the police.

  • Remember the name, badge number, car number, etc. of your arresting officer and any other officer on the scene

  • Write down everything you can remember as soon as you have your first chance to do so.

 

 

 

 

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