2024 Know Your Rights When Talking to Police

Stop: A stop occurs when you interact with an officer and feel that you cannot terminate the encounter. The Supreme Court has said a stop occurs when an officer “restrains [your] freedom to walk away.” It is more than a friendly exchange of pleasantries. A stop is synonymous with being ‘detained’ or being subject to ‘seizure.’ If you are unsure whether you’re being stopped, simply ask the officer. If they give a run-around answer, ask again until you get a yes or no.

Search: A search occurs when an officer touches, feels, or looks beyond what is already in their plain view. To search a person, an officer must have reasonable suspicion that the suspect is armed and dangerous. The pat-down must be limited to frisking for weapons and cannot be pretext for a more invasive search.

Public Defender: Public defenders are government employees who assist individuals, for free, with criminal matters after they have been arrested.

Prosecutor: Prosecutors are government employees who enforce criminal and civil laws.

Jail vs Prison: Jails generally refer to facilities holding people who are pre-trial or have been sentenced to relatively shorter terms (i.e., less than a year). Prisons generally hold individuals serving sentences for over one year.

Warrant: A warrant is a piece of paper signed by a judge giving law enforcement officers permission to execute a search or arrest.

Warrants come in two varieties: 

• A search warrant allows law enforcement officers to enter the place described in the warrant to look for and take items identified in the warrant. A search warrant alone does not give them the right to arrest you (but they can arrest you if they find enough evidence to justify an arrest).
• An arrest warrant allows law enforcement officers to take you into custody. An arrest warrant alone does not give law enforcement officers the right to search your home (but they can look in places where you might be hiding and they can take evidence that is in plain sight).

A warrant should contain:

• the judge’s name,
• your name and address (or a detailed description of you and your address),
• the date,
• place to be searched,
• a description of any items being searched for,
• and the name of the agency that is conducting the search or arrest.

A: You do not have to answer any questions. You can simply not respond. You can state, “I do not want to talk” and walk away calmly. Or, if you don’t feel comfortable doing that, you can ask if you are free to go. Until you ask if you are free to go, your stop is considered voluntary. If the officer answers “yes,” you can just walk away. Do not run from the officer.

A: If the officer says you are not free to go, you are being detained. Being detained is not the same as being arrested, though arrest could follow.

Pat-downs: The police can pat down the outside of your clothing only if they have “reasonable suspicion” (i.e., an objective or specific reason to suspect that you might be armed and dangerous). They cannot reach into the interior of your clothing (such as a jacket pocket) unless they can plainly feel or see you may have a weapon or contraband. It is best practice to state calmy and clearly, “I do not consent to a search.” If they keep searching anyway, do not physically resist them.

Questions and Identification: You are not required to answer any questions if you are detained or arrested, but it is best practice to tell officers your name and provide an ID if it is requested. If officers ask additional questions that you do not wish to answer, you should state, “I do not want to speak without a lawyer present.” (Non-citizens should see Section VI for more information on this topic.)

Match the Description of a Suspect: Officers may state that you match the description of a suspect for a crime. In this circumstance, ask the officer whether you are free to go. If they say no, you are being detained. Follow the above directions.

A: There is not a “hard and fast” rule governing the duration of a stop. A stop may be as long or as short as the officer deems necessary to fulfill the purpose of their stop.

A: Yes, you have the legal right to take pictures or video of things that are plainly visible in public space, including police and other government officials carrying out their duties. If an officer orders you to stop videoing or delete the video, you are not legally required to. However, many officers may see filming or photographing as antagonistic. Some Kentucky officers have retaliated against people for filming them and received qualified immunity for their actions. So, exercise judgment when seeking to capture an officer’s badge or license plate on film.
 

A: If an officer pulls you over:

If an officer pulls you over they are limited to the execution of the stop. However, while they execute that mission, they can conduct a few other unrelated checks, such as:

• Asking for a driver’s license, registration, and proof of insurance. You must turn those documents over.
• Conducting a criminal background check.
• Asking other probing questions (ex: Do you have any drugs in the car? Any weapons? What are you doing tonight?), so long as it doesn’t prolong the stop.

You are not required to answer these questions, but it is probably good practice to. And if you do have a gun in the car, it is probably best to alert the officer.

• They can have a dog sniff the outside of your car if it does not make the traffic stop any longer than it would have otherwise been to give you the ticket.
• If you feel the stop is going on longer than it needs to be, you can always ask the officer, “am I free to go?”
• Keep your hands where the police can see them. Don’t give them a reason to make the stop any longer than it has to be.

A: An officer can ask you to get out of your vehicle, but you do not have to consent. Just like being stopped on the street, ask the officer “am I free to go? If so, I don’t consent to getting out.”

A: To search your vehicle, an officer must have:

• A warrant; or
• Your consent; or
• You are being arrested and the officer has reason to believe that there is contraband in your car.

If you’re arrested for a traffic violation, the officer cannot search your car based on that alone. If you do not want your car searched, clearly state that you do not consent. The officer cannot use your refusal to give consent as a basis for doing a search.

A: Unfortunately, the Supreme Court dictates that vehicles, even if used as a home, should be treated like any other vehicle. Vehicles used as homes do not get the heightened protection another home might get. The above rules apply.

A: Law enforcement officers can search your home:

• only if they have a warrant or your consent. In your absence, the police can search your home based on the consent of your roommate 20 or a guest if the police reasonably believe that person has the authority to consent.

A: Law enforcement officers can search your office:

• only if they have a warrant or the consent of the employer. If your employer consents to a search of your office, law enforcement officers can search your workspace whether you consent or not.

A: Unfortunately, Kentucky courts do not extend the same privacy protections afforded to cars and traditional homes to temporary homes inhabited by folks who are unhoused. This means that officers can enter a tent that is on public land without a warrant or the occupant’s consent.

A: There are multiple steps to take to protect yourself. Instead of opening the door, ask through the door if they have a warrant.

If they have a warrant:

• Ask the officer to slip it under the door (or show it through a window in your door, a peephole, or a cracked door that is only open enough to see the warrant).
• If you feel you must open the door, open it, step outside, and close the door behind you. Then ask to see the warrant.
• Make sure the search warrant contains everything noted above and inform the officers if there are any mistakes on the warrant (e.g., the officers might be at the wrong address).
• If you tell the officers that the warrant is not complete or not accurate, you should say you do not consent to the search, but you should not interfere if the officers decide to do the search even after you have told them they are mistaken.
• You do not have to answer questions. Neither a search nor arrest warrant means you have to answer questions. You still have the right to remain silent.

If they do not have a warrant:

• You do not have to let them into your home.
• You do not have to answer any questions. Officers cannot get a warrant based on your refusal to answer questions.
• Do not say anything other than “I do not want to talk to you.”
• If they insist on entering, you should:
  • State that you don’t consent to the search;
  • Do not interfere with the search.
  • Call a lawyer ASAP;
  • Ask to watch the search. If they permit you to watch, take notes, including office names, badge numbers, the agency each officer is from, where they searched, and what they took;
  • If other people are present, have them act as witnesses to watch / document what is happening.

A: This does not change anything. You can still tell an officer you do not consent to the search, even if they say they are about to get a warrant. If the officer goes to a court for a warrant, they may not receive it and may not be able to search your home. But if you give them consent, they will certainly be able to search your home.

A: The officer must advise you of your Miranda rights, including: right to remain silent; right to an attorney; and right to have an attorney appointed if you cannot afford one. You should say:

1. “I’m exercising my right to remain silent and not be questioned.”
2. “I want a lawyer.”
3. “I won’t answer any questions without my lawyer.”

Repeat these statements to every officer that you see.

A: No. If you are arrested, you do not have to answer any questions or volunteer any information. You should say:

1. “I’m exercising my right to remain silent and not be questioned.”
2. “I want a lawyer.”
3. “I won’t answer any questions without my lawyer.”
    

A: Document as much as you can and report to your lawyer and to the law enforcement office responsible.

• Write down any identifying information: name, badge number, etc. You have a right to ask the officer for this information.
• Try to find witnesses and their names and phone numbers.
• If you are injured, seek medical attention and take pictures of the injuries as soon as you can.
• Call a lawyer when you can.
• Make a complaint to the law enforcement office responsible for the treatment.

A: Following arrest, individuals will be held until “arraignment,” where a person goes before a judge to state whether they are guilty or not guilty. This usually takes about 24 hours, depending on where the person is arrested. If you’re held for longer, ask the jail staff to use the phone or to speak with a public defender.
 

A: Trespassing occurs when a person knowingly enters or remains unlawfully in a dwelling, enclosed area, or land, regardless of whether
there is signage.

• If the area entered constitutes a “dwelling” (e.g., a home), the offense is a Class A misdemeanor.
• If it constitutes a “building” (e.g., a business), or fenced or enclosed premises, the offense is a Class B misdemeanor.
• If it constitutes “any real property” (e.g., land), the offense is a Class B misdemeanor.

A: Whether or not you are trespassing is a legal question. But if an officer tells you that you’re trespassing, they have the power to arrest you. If you’re concerned that an officer might escalate the situation, it is likely safest to move along.

Whether or not you are trespassing will depend on the facts of the circumstances, such as the hours of park you’re in, the hours of the business you’re standing close to, whether the business owns the sidewalk you’re on, and many other potential factors.

A: While it is illegal in Kentucky to sleep in a public place currently, it appears that the city of Louisville is focused on clearing larger communal encampments, not arresting individuals who find places to sleep in parks. But if an officer tells you that you’re trespassing and you fear they may escalate things, it may be wisest to move along.

A: Loitering occurs when a person:

• Loiters or remains in a public place for the purpose of gambling with cards, dice, or other gambling paraphernalia;
• Loiters or remains in a public place for the purpose of unlawfully using a controlled substance;
• Loiters or remains in or about a school, college, or university building or ground [without any reason or permission to be there]; or
• Loiters or remains in any transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in any business, trade, or commercial transactions involving the sale of merchandise or services.

A: Again, there may be strong legal arguments that standing on the sidewalk is not loitering, but please do what you can to keep yourself safe.

In the United States, non-citizens are defined as persons who do not have U.S. citizenship, including lawful permanent residents, refugees and asylum seekers, persons who have permission to come to the U.S. for reasons like work, school or travel, and those without legal immigration status of any kind.

Non-citizens who are in the United States — no matter what their immigration status — generally have the same constitutional rights as citizens when law enforcement officers stop, question, arrest, or search them or their homes.

However, there are some special concerns that apply to non-citizens.

A: You have the same right to be silent that U.S. citizens have, so the general rule is that you do not have to answer any questions that a law
enforcement officer asks you.
 

A: You do not have to answer any of the above questions if you do not want to answer them, but do not falsely claim U.S. citizenship.

Additionally:

• It is almost always good to speak with a lawyer before you answer questions about your immigration status. If you’re arrested, you have the same right to a criminal attorney (public defender) as anyone else.
• Always remember that even if you have answered some questions, you can decide to stop answering questions at any time.

A: The law requires non-citizens who are 18 or older and who have been issued valid U.S. immigration documents to carry those documents with them at all times. These immigration documents are often called “alien registration” documents. The type you need to carry depends on your immigration status. Some examples include an unexpired permanent resident card (“green card”), I-94, Employment
Authorization Document (EAD), or border crossing card. Failure to comply carry these documents can be a misdemeanor crime.

If you have your valid U.S. immigration documents and you are asked for them, it is usually a good idea to show them to the officer because it is possible you will be arrested if you do not do so. Keep a copy of your documents in a safe place and apply for a replacement immediately if you lose them or if they are going to expire.

If you are arrested because you do not have your U.S. immigration documents with you, but you have them elsewhere, ask a friend or
family member (preferably one who has valid immigration status) to bring them to you.

It is never a good idea to show an officer fake immigration documents or to pretend that someone else’s immigration documents are yours. If you are undocumented and do not have valid U.S. immigration documents, you can decide not to answer questions about your citizenship or immigration status or whether you have documents.

A: Assert your rights. Non-citizens have rights that are important for their immigration cases.

You do not have to answer questions. You can tell the officer you want to speak with a lawyer. You do not have to sign anything giving up your rights. Never sign anything without reading, understanding and knowing the consequences of signing it.

A: In part.

• You DO have the right to an attorney in a criminal proceeding.
• You DO NOT have the right to an attorney in an immigration proceeding (although immigration officials must provide you with a list of free or low-cost lawyers).
• You have the right to call a lawyer or your family if you are detained, and you have the right to be visited by a lawyer in detention. 
• You have the right to hire your own immigration attorney.
• You have the right to have your attorney with you at any immigration hearing.

A: Yes. Non-citizens arrested in the U.S. can request during arrest or detainment to contact their consulate. Law enforcement must let your consulate visit or speak with you if consular officials decide to do so. Your consulate might help you find a lawyer or offer other help.

American-Arab Anti-Discrimination Committee
(ADC)
(202) 244-2990
http://www.adc.org/

American Immigration Law Foundation (AILF)
(202) 742-5600
http://www.ailf.org/

American Immigration Lawyers Association
(AILA)
(800) 954-0254
http://www.aila.org/

Asian American Legal Defense and Education Fund (AALDEF)
(212) 966-5932
https://www.aaldef.org/

Council on American-Islamic Relations (CAIR)
(202) 488-8787
http://www.cair.com/

Mexican American Legal Defense and Educational Fund (MALDEF)
(213) 629-2512
http://www.maldef.org/

National Lawyers Guild (NLG)
(212) 679-5100
http://www.nlg.org/

National Immigration Law Center (NILC)
(213) 639-3900
http://www.nilc.org/

National Immigration Project
(617) 227-9727
http://www.nationalimmigrationproject.org/

Puerto Rican Legal Defense and Education Fund (PRLDEF)
(800) 328-2322
http://www.prldef.org/

U.S. Commission on Civil Rights (UCCR)
(800) 552-6843
http://www.usccr.gov