Know Your Rights
Fourth Amendment
"The right of the people to be secure in their persons, houses, papers
and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause, supported
by Oath or affirmation, and particularly describing the place to be searched,
and the persons or things to be seized."
Police Interactions
There are 3 types of interactions with the police: consensual encounters,
investigative detentions, and arrests. Your rights under the Fourth Amendment
are different for each type of interaction, and these interactions can
change quickly. For example, your interaction may change from a consensual
encounter to an arrest or from an arrest to a consensual encounter—all
within minutes. Below are examples of the three types of interactions
and advice on what you should and should not do when exercising your rights.
Consensual Encounters: Least Restrictive
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Consensual: casual, voluntary conversation
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Required To Show Identification: no
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Free To Leave: yes
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Permissible Searches: you consented, or anything in officer's plain view
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Evidence Required For Encounter: none
Investigative Detentions: More Restrictive
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Investigative: temporary questioning based on suspicion of a crime (includes traffic
violations)
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Required to Show Identification: yes
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Free To Leave: not immediately, but officer's detention must be brief and relate
to the reason for detention
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Permissible Searches: you consented, anything in officer's plain view, or discovered during
a pat-down—but only if the officer has a reasonable articulable
suspicion that you have a weapon
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Evidence Required For Detention: reasonable articulable suspicion that a crime has been, is being, or
will be committed
Arrests: Most Restrictive
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Arrest: indefinite detention or formally placed in custody
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Required to Show Identification: yes
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Free To Leave: no
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Permissible Searches: you consented, anything in officer's plain view, or discovered during
post-arrest search
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Evidence Required For Arrest: probable cause that you committed a crime
How to Properly Exercise Your Constitutional Rights
What You Should Do
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Be respectful.
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Calmly record the interaction.
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Ask if you are free to leave. If you do not ask, the officer may think—and
the judge may agree—that the interaction was consensual.
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If you are free to leave, go!
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If you are not free to leave, respectfully but firmly request to speak
with your attorney
What You Should Not Do
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Do not physically resist arrest.
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Do not become aggressive or confrontational.
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Do not consent to a search. The Constitution does not apply if you consent.
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Do not answer questions without first speaking with your attorney. Police
are allowed to hold you for 48 hours and they may lie to you the entire time.