Do: Ask if you’re free to go.
If a police officer stops you on the street, remember that you don’t have to answer any questions beyond your name and birth date. Ask the officer you’re talking to if you are free to go. If the officer says yes, calmly walk away. If the officer means you are not free to go, then you are being detained. This is not the same as being arrested, although it’s possible for an arrest to follow.
Don’t: Physically resist.
You can tell the officer, “I refuse to answer any questions,” or “I want to remain silent.” This is your most logical and safe way of resisting. Do not run away. Do not argue. Do not become overly angry. Never resist the arrest of another person. Be aware that the police are allowed to pat down the outside of your clothing only if they have reasonable suspicion. If you think they are going beyond this, tell them that you do not consent to a search. This will force the officer to have to legally justify any search he makes without your consent.
Do: Know your rights.
You have the right not to admit any police that has knocked on your front door. You have the right to withhold consent to a search of yourself, your car, or your home. You have the right to remain silent—no need for explanations or excuses. Save your defense for the court, because when they say that anything you say can be used against you in court, they mean it. If you’re being arrested, you have the right to know why. And you always have the right to a phone call.
Don’t: Make any decisions until you have talked to your lawyer.
If it feels necessary, you should refuse a polygraph, breathalyzer or other sobriety tests, or mental testing until you talk to your lawyer. If you’ve been arrested, assert your right to counsel and discuss any requests with your lawyer before doing or saying anything. Don’t ask family, friends, or any non-lawyers for legal advice, because it’s possible for them to appear at a future trial and repeat what you said. Don’t even talk to inmates or corrections officers about your case.
