KNOW YOUR RIGHTS!!!!!!
PREVENTION
You have the right to remain silent. If you wish to exercise that right, say so out loud.
Do I have to answer questions asked by law enforcement officers?
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 have the right to refuse to consent to a search of yourself, your car, or your home.
• If you are not under arrest, you have the right to calmly leave.
• You have the right to a lawyer if you are arrested. Ask for one immediately.
If you are approached by the police, try to stay calm and keep your hands where they are visible. It is typically in your best interest not to argue or resist, but remember that you still have rights—especially the right to remain silent. While the police may require you to tell them your name (depending on state law), they may not legally require you to tell them about your immigration status, where you're traveling from, where you're going, or what you're doing.
If you wish to exercise your right to remain silent, you must say so out loud. Even if you've done nothing wrong, remember that lying to the police is a crime, but remaining silent is not.
After you speak with the officer(s), ask whether you're free to go. If so, you may go your own way. If they say you're not free to go and either continue asking questions or detain you, again, stay calm. In many places, resisting arrest is a crime in itself. If you are placed under arrest, it is your right to know what you are being arrested for. You may ask them what crime you are accused of committing.
If you feel that your rights are being violated, make it a point to note the details of your encounter in case you need to file a police misconduct claim later. You have the right to ask for the officers' badge numbers and names.
If you are arrested, you have the right to call a lawyer without the police listening, and if you are a minor, a parent/guardian must be contacted. Generally speaking, only a judge has the legal authority to make you answer questions.
If the officers ask you to come in to talk, but do not place you under arrest and do not read you your rights, you should most likely speak with an attorney before answering any questions.
The police may not search you if you are not under arrest or if they lack a valid warrant. If you don't consent to an unwarranted search and they do it anyway, anything they find—even if it's incriminating—may be dismissed. The right to be free from a warrantless search and seizure is protected by the Fourth Amendment to the Constitution.
That said, the police may pat you down through your clothing (without a warrant or arrest) if they have reasonable suspicion that you're carrying a weapon. This is one of those gray areas of law enforcement and has been a source of controversy and tension in many communities since the rationale for a pat down typically comes down to the officer's word versus that of the individual who was patted down.
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