PULLED OVER: YOUR RIGHTS WITH THE POLICE

No one likes being stopped by the police.

The experience can be intimidating and, if you're not thinking clearly, it can spiral out of control.

This is of particular concern for young people of color.

It's an issue that drew national attention in August when a white police officer in Ferguson, MO shot and killed Michael Brown, an unarmed black 18-year-old.

Of course, most police interactions are not violent, and most officers are simply trying to perform their duties.

But police stops can be tense situations for both parties. Knowing both what your rights are and how to act appropriately during these interactions is extremely important.

Regardless of whether or not you think you've been unfairly stopped, it’s never a good idea to argue.

It's important to not get frustrated or lose your temper

Never, ever run or act aggressive.

Your actions could be easily misinterpreted, and that could result in deadly consequences.

Constitutionally, police officers are only allowed to shoot under two circumstances.

David Klinger, a University of Missouri, St. Louis criminal justice professor explained this to the Vox news site 1:

[The first circumstance is] to protect their life or the life of another innocent party....

The second circumstance is to prevent a suspect from escaping, but only if the officer has probable cause to think the suspect has committed a serious violent felony and is dangerous. 2

Other than these scenarios, deadly police force is considered a violation of a person's privacy rights under the Constitution's Fourth Amendment.

If you don't want to answer questions, don't argue. Simply say:

I wish to remain silent.

This is your constitutional right as protected under the Fifth Amendment (although in some states you do still have to provide your name).

If you're pulled over in a car, you DO have to provide your license and registration, but you DO NOT have to consent to a search of any kind unless the officer has "probable cause" (evidence of criminal activity like drug paraphernalia or a weapon).

Police are only allowed to pat you down if they have "reasonable suspicion" of criminal activity. But if an officer insists on patting you down regardless, NEVER physically resist. 3

At the end of the interaction, ask if you are free to go.

If the officer says YES, walk away slowly, but never run.

If the officer says NO, ask if you are being “detained’’ or “arrested.”

Police are allowed to hold you in detention for a short time while they investigate, but it will only lead to an arrest if the officer establishes probable cause? 

Contrary to popular belief, police do not have to give you the Miranda warning ("You have the right to remain silent..") before questioning or arresting you. "They ONLY have to give you this warning before they interrogate you with the intention of using your answers as evidence at trial.

Ask to see a lawyer immediately.

In most states, you have the right to film or record encounters with the police on public property, as long as you don’t interfere with their work. 5

That said, use your best judgment, and don't put yourself in danger. If the police take your camera or phone away and delete your recording, don't resist.

In most cases, it's illegal for police to confiscate your phone or camera, or delete digital evidence, but in the heat of the moment, it's best to comply. Make sure to report the incident afterwards!

Being stopped by the police can be stressful, but if you stay calm, know your rights and keep your wits about you, it doesn’t have to be dangerous.

Sources: 1. Lind, Dara. "When is it legal for a cop to shoot you?" Vox.com, 24, Sept. 2014. 

2- Blume, John H., "Deadly Force in Memphis: Tennessee v. Garner," Cornell Law Faculty Publications, 1984

3. "Known Your Rights When Encountering Law Enforcement," American Civil Liberties Union 

4. ibid

5 "Know Your Rights: Photographers," American Civil Liberties Union