WHAT TO DO IF YOU'RE STOPPED BY THE POLICE

WHAT TO DO

IF YOU’RE

STOPPED BY

THE POLICE

KNOW YOUR RIGHTS

IF YOU HAVE A POLICE ENCOUNTER,

YOU CAN PROTECT YOURSELF.

1. What you say to the police is always important.

Everything you say can be used against you.

2. You have the right not to speak. To exercise this

right, you should tell the police, “I would like to

remain silent.”

3. You never have to consent to a search of

yourself, your belongings, your car, or your

house. In New York City, police are required by

law to let you know when they’re asking for your

consent to a search and to let you know that

you have the right to say no. If you do consent to

a search, it can affect your rights later in court.

If the police say they have a search warrant, ask

to see it. If they don’t, say “I do not consent to

this search.” Police cannot arrest or ticket you

simply for refusing to consent to a search. This

may not stop the search from happening, but

it will protect your rights if you have to go to

court.

4. Do not interfere with or obstruct the police—

you can be arrested for doing so.

IF YOU ARE STOPPED, QUESTIONED,

AND/OR FRISKED:

1. Police may stop and brieﬂy detain you only

if there is reasonable suspicion that you

committed, are committing, or are about to

commit a crime.

2. You should ask if you are under arrest or free to

leave.

3. In New York, you are not required to carry

ID, and you don’t have to show ID to a police

ofﬁcer. If you are issued a summons or arrested,

however, and you refuse to produce ID or tell

ofﬁcers who you are, the police may detain you

until you can be positively identiﬁed.

4. In New York City, if ofﬁcers are investigating

criminal activity, they’re required to identify

themselves and let you know the reason for the

interaction. If they don’t arrest or ticket you,

ofﬁcers are required to give you a business card

at the end of the encounter. Regardless of the

circumstances, unless an ofﬁcer is responding

to an emergency situation, local law requires

any ofﬁcer to provide their identiﬁcation and a

business card upon request.

5. Don’t bad-mouth a police ofﬁcer or run away,

even if you believe what is happening is

unreasonable. That could lead to your arrest.

IF YOU ARE STOPPED IN YOUR CAR:

1. Upon request, show the police your driver’s

license, registration, and proof of insurance. In

certain cases, your car can be searched without

a warrant. To protect yourself later, you should

state that you do not consent to a search.

2. If you’re suspected of drunk driving, you may be

asked to take a breath-alcohol and coordination

test. You are not required to consent to a

ﬁeld sobriety/coordination test, but refusal

to submit to a breathalyzer may result in your

driver’s license being suspended. If you fail the

tests, you may be arrested and your car may be

taken away.

3. If you are arrested, your car will be subject to a

search.

IF POLICE COME TO YOUR HOME:

1. The police can enter your home without your

permission if they have a warrant or if it is

an emergency. If the police say they have a

warrant, ask to see it. Check to make sure the

warrant has the correct address.

2. If you are arrested in your home or ofﬁce, the

police can search you and the area immediately

surrounding you or where evidence of criminal

activity is in plain view.

IF YOU ARE ARRESTED OR TAKEN TO A

POLICE STATION:

1. You have the right to remain silent and the right

to talk to a lawyer before you talk to the police.

Don’t tell the police anything except your name

and address. Don’t give any explanations,

excuses, or stories. You can make your defense

later, in court, based on what you and your

lawyer decide is best.

2. If you have a lawyer, ask to see your lawyer

immediately. If you can’t afford a lawyer, you

have the right to a free one once your case goes

to court. You can ask the police how to contact

a lawyer. Don’t say anything to police without

speaking to a lawyer ﬁrst.

3. Within a reasonable time after your arrest or

booking, you should ask the police to contact

a family member or friend. If you are permitted

to make a phone call, anything you say at the

precinct may be recorded or listened to. Never

talk about the facts of your case over the

telephone.

4. Do not make any decisions in your case or sign

any statements until you have talked with a

lawyer.

WHAT TO DO IF YOU’RE STOPPED BY

THE POLICE

• Stay calm and in control of your words, body

language, and emotions.

• Don’t get into an argument with the police.

• Never bad-mouth a police ofﬁcer.

• Remember that anything you say or do can be

used against you.

• Keep your hands where the police can see them.

• Don’t run.

• Don’t touch any police ofﬁcer.

• Don’t resist, even if you believe you are

innocent.

• If you complain at the scene or tell the police

they’re wrong, do so in a non-confrontational

way that will not escalate the situation.

• Do not make any statements regarding the

incident.

• If you are arrested, ask for a lawyer

immediately.

• Remember ofﬁcers’ badge numbers, patrol car

numbers, and physical descriptions.

• Write down everything you remember as soon

as possible.

• Try to ﬁnd witnesses and their names and

phone numbers.

• If you are injured, take photos of the injuries

as soon as possible, but make sure you get

medical attention ﬁrst. Ask for copies of your

medical treatment ﬁles.

We all recognize the need for effective law enforcement, but we

should also understand our own rights and responsibilities —

especially in our interactions with the police. This card tells you

what to do if you are stopped, questioned, arrested, or injured in

your encounter with the police and how to ﬁle a complaint.

To File a Police Misconduct Complaint in New York City: Contact

the Civilian Complaint Review Board by calling 311 or by visiting