WhatToDoIfYouReStoppedByThePoliceInTheUSA:WhatToDoIfYouReStoppedByThePoliceInTheUSA

What to do if you're stopped by the police in the USA

Applicable only in the US, obviously. Duh. :

Message-Id: <5A72304E-4541-11D8-8654-000A956B4C74@got.net>
To: cypherpunks
From: Tim May
Subject: Arrest and Identification
Date: Mon, 12 Jan 2004 12:53:20 -0800


Reminder about talking to cops, being stopped and held by cops, being 
told to produce ID, etc.

As there's much of the old chatter here about these issues, I dug up 
the ACLU card that is recommended to be carried by all persons. Or read 
and understood.

Here's a Web version. A PDF version for efficient printing is also 
available:

<[http://archive.aclu.org/issues/criminal/bustcardtext.html][1]>


A couple of paragraphs relevant to the current discussion about whether 
being stopped for question is "arrest," whether ID is required to be 
carried, etc.:

--begin excerpt

2. You don't have to answer a police officer's questions, but you must 
show your driver's license and registration when stopped in a car. In 
other situations, you can't legally be arrested for refusing to 
identify yourself to a police officer.

3. You don't have to consent to any search of yourself, your car or 
your house. 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.

4. Do not interfere with, or obstruct the police -- you can be arrested 
for it.

IF YOU ARE STOPPED FOR QUESTIONING

1. It's not a crime to refuse to answer questions, but refusing to 
answer can make the police suspicious about you. You can't be arrested 
merely for refusing to identify yourself on the street.

2. Police may "pat-down" your clothing if they suspect a concealed 
weapon. Don't physically resist, but make it clear that you don't 
consent to any further search.

3. Ask if you are under arrest. If you are, you have a right to know 
why.

--end excerpt--

--Tim May

(See also: What To Do If You Re Stopped By The Police In The USAPart II )