Know your rights: what to do and what not to do when you’re pulled over
By Davy V.
Contributing writer for End the Lie
As a Filmmaker, the majority of my work has centered around exposing police brutality and misconduct, including the harassment of supporters of victims of illegitimate police actions, as reported here at End the Lie by Madison Ruppert.
I can’t begin to tell you how many times I have been approached or contacted by people who know my work, and they go into these very disturbing stories of being harassed or in some cases, even physically assaulted by the police.
Every time, when they finish recounting their experiences, I always ask the same question, “Ok, what did you do about it?” And every time, I get pretty much the same answer, “Well, nothing.”
Or sometimes, there may be a slight variation to the answer I get, such as, “I didn’t know what to do,” or “I felt like since they’re cops, they would automatically take their side and nothing would be done, or even worse, the cops who abused or mistreated me would retaliate against me, for filing a report against them.”
It is very sad, but true. There is an overwhelming percentage of people who either don’t know what to do if they have been a victim of police brutality or misconduct, or they simply are too afraid to do anything!
The result is that countless police brutality and misconduct incidents go unreported, giving these rogue cops, the same ones who took an oath to “Serve and Protect,” a “free pass” to continue abusing innocent people!
I want to share with you something very important which everyone should know: your rights, and what to do if you are stopped by the police, and what to do if you become a victim of police brutality or misconduct.
Editor’s note: This is not to be misconstrued as legal advice. These are just guidelines which everyday people can follow in order to protect themselves. We are not lawyers and we are not qualified to give you legal advice or a professional legal opinion. If you think you need one, do not hesitate to call a lawyer immediately. If you are arrested, ask to see your lawyer and do not say anything until your lawyer is present. Again, this is not legal advice, it is just common sense!
If you are stopped by the police:
YOUR RIGHTS:
- You have the right to remain silent. If you wish to exercise that right, say so out loud.
- You have the right to refuse to consent to a search of yourself, your car or your home.
- If you are not under arrest, you have the right to calmly leave.
- You have the right to a lawyer if you are arrested. Ask for one immediately.
- Regardless of your immigration or citizenship status, you have Constitutional rights. Use them.
YOUR RESPONSIBILITIES:
- Do stay calm, and be as polite and respectful as possible.
- Do not interfere with or obstruct the police in any way (this could get you arrested or result in jail time).
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter, the more the better.
- Do file a written complaint or call your local ACLU if you feel your rights have been violated. You can also ask to speak to the officer’s on-duty supervisor.
IF YOU ARE STOPPED FOR QUESTIONING:
- Stay calm.
- Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why. You have the right to remain silent and cannot be punished for refusing to answer questions.
- If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself. Be sure to check your state and county laws in order to find out what you can and cannot do in that regard.
- You do not have to consent to a search of yourself or your belongings, but police may “pat down” your clothing if they suspect a weapon. You should not physically resist or respond in a hostile manner, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.
IF YOU ARE STOPPED IN YOUR CAR:
- Turn off the car, turn on the internal light, open just far enough to speak with the officer and place your hands on the steering wheel in clear view.
- Stop the car in a safe place as quickly as possible.
- Upon request, show police your driver’s license, registration and proof of insurance. If you have to reach into your glove box and the officer is clearly either agitated or suspicious, declare what you are going to do before you do it in order to make them more comfortable and make it clear you are not reaching for a weapon.
- If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. However, if the police believe that your car has evidence of a crime inside of it, your vehicle can (and likely will) be searched without your consent.
- Both drivers and passengers have the right to remain silent. Do not be intimidated by typical police tactics such as saying, “If you have nothing to hide, why won’t you talk with us?” or “Not talking makes you look guilty.”
MAKE SURE YOU WRITE DOWN THE FOLLOWING:
- Time and place of traffic stop
- The officer’s name and/or badge number
- The officer’s car number
- The events that transpired, again you will not regret including as many details as possible as this could very well save you in court.
Editor’s note: Above all, if you are not hostile and antagonistic towards officers, chances are they will treat you with respect. Unfortunately, that is obviously not the case with all officers, or else we wouldn’t constantly be covering incidents of police brutality and misconduct. However, you can’t hurt yourself by treating an officer with respect while very little good can come from treating an officer poorly when you are pulled over, questioned, or arrested.
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Edited by Madison Ruppert with minor additions
Davy V. is Cuban-American award winning filmmaker, video producer, writer and photographer. Most of his work centers on exposing police brutality and misconduct in his hometown of Rochester, NY. Davy V. won the U.S. ACM Video Festival Award for R.P.D. EXPOSED!, his gritty documentary exposing the Rochester, NY Police Department and their long history of abusing and murdering unarmed innocent citizens. Davy V. followed R.P.D. EXPOSED! up with, R.P.D.: Badges of DISHONOR, CORRUPTION and MURDER! Davy V.’s work has been featured in THE SOURCE Hip Hop Magazine, Urban America Magazine, The Ave. Magazine, Insider Magazine, La Voz Newspaper, Minority Reporter Newspaper, DownLow Magazine, and more. Davy V. CEO of KEEP IT ON THE REEL Productions, a film and video production company in Rochester, NY.
Madison Ruppert is a Los Angeles-based independent journalist and researcher as well as the founder, owner, administrator and editor of EndtheLie.com. He has no affiliations with any government agencies, political parties, non-governmental organizations, or economic schools. He is available for freelance writing assignments and appearances or interviews in any format. He can be reached by emailing
The “Flex Your Rights” website shows people how to handle police encounters. http://www.flexyourrights.org/
Two fantastic videos, “Don’t Talk to Cops, Part 1″
http://www.youtube.com/watch?v=i8z7NC5sgik
“Don’t Talk to Cops, Part 2″
http://www.youtube.com/watch?v=08fZQWjDVKE&feature=relmfu
The American Motorists Association is a great resource,
“Your Rights & What To Do At A Roadblock”
http://www.motorists.org/dui/roadblock
Another source even though its meant for photographers is the “Photographers Rights” pdf.
http://www.krages.com/ThePhotographersRight.pdf
great tips Davy and Madison keep it up. assert your rights or lose them!
I say be polite, and if you don’t have anything to hide in the first place I would let them search my car rather than risking being arrested. Cops misconstrue citizens’ reactions during questioning. I think they’re being trained differently. So they’re like the SS anyway. People need to be kind to these people, for all we know they’re being subjected to mind control, in which case we’re better off being wise and not so “pro-active., I.e. Questioning them, asking their names, etc., unless you’re a glutton for punishment. Kill em with kindness.
If you have nothing to hide, then why allow them to look? It is your Constitutional RIGHT NOT TO ALLOW them to search you, your vehicle or your property ILLEGALLY, without warrant or probable cause.
I agree with refusing to allow searches of any kind HOWEVER police can use ANYTHING for probable cause INCLUDING ” He wouldnt consent to a search and he was nervous so we believed he may have been hiding drugs.” You dont have to actually be nervous but they can say the “believed” you were acting nervously. Probable cause is anything they say it is folks and that doesnt just include your person or your car it also includes your home if thats where you are when they come calling….. even by mistake on their part.
Chris, “acting nervously” is NOT grounds for “probable cause”, regardless of what the police tell you. Neither is their suspicious or belief that you are hiding something illegal.
“Probable cause” requires 2 elements:
1.) Actual EVIDENCE that a specific crime has been committed or is being committed; and
2.) Actual EVIDENCE that you committed (or are committing) that specific crime.
The police are allowed by the courts to LIE, but do NOT let them bluff you into consenting to a search!!!
thanks for the tips. I also suggest recording the entire encounter covertly (i.e., with hidden and/or disguised mic or camera). As a last ditch effort to (hopefully) prevent getting arrested, you might say, “guess what, cop, this whole encounter has gone out live on the internet” (even if it is a bluff).
“be polite, and if you don’t have anything to hide in the first place I would let them search my car rather than risking being arrested.”
WRONG! Never, ever consent to a search. How do you know what’s “legal” or what isn’t?
Do you have a small spoon lying on the floor? Drug paraphernalia.
How about that hunting knife under your seat? Hidden weapon.
Did your kid’s friend smoke a J, and had a couple of seeds on him that fell into the car your son picked him up in? The car you’re now sitting in? Possession of Drugs!
How about a couple of bottles of cold medicine? Where & when did you buy them? Sorry, guy – but you’re under arrest for suspicion of manufacturing meth.
Davy.. when is your next movie coming out?
Great ideas Davy. Although I was not arrested yet, now I Know my rights and responsibilities whenever I am in this situation.
Great post. I have the ideas now whenever I will be in this situation.
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The police will plant contraband on your person or in your private space, make no mistake about this. Always remember, as a civilian, you are guilty until proven innocent.
The advice given above was, “You have the right to a lawyer if you are arrested. Ask for one immediately.”
I would add that you have a right to a lawyer BEFORE you answer ANY questions — NOT just after being arrested. So, if you are stopped while driving a car, give the police your driver’s license, registration and insurance. Then state that you assert your right to remain silent (and will only speak when your lawyer is present); and that you do NOT consent to any searches of any kind.
Then SHUT UP. Do NOT talk with the police at all after that. Do NOT engage in “chit-chat” since doing so will be ruled by a court as a “voluntary interaction” on your part.