Know Your Rights

Carrying My Identification Card

Q: Do I have to carry an Identification Card with me by law? A High School Student from California

A: This is an excellent question. Please note the answer will vary depending on where you live. According to California law, you are not required to carry an Identification Card.

Drinking at a Party

Q: If I am (hypothetically) at a party drinking and the cops come, what should I do? What are my rights in that situation? Cameron from California

A: You have the constitutional right to remain silent even if you have broken the law. Other than  providing your name, you do not have to answer questions. If you wish to remain silent, say so aloud: “Officer, I wish to remain silent.” Anything you say to a law enforcement officer can be used against you and others. You should always talk to a lawyer before agreeing to answer questions: “Officer, I’d like to see a lawyer.” A lawyer’s job is to protect your rights., keep repeating your request for a lawyer or simply remain silent.

How to Advocate for Change

Q: What can I do to fight back against systems placed against me and my community? Devin from South Dakota

A: This is an excellent question.

1. Knowing your rights will empower you to feel confident and at ease if you ever find yourself in an engagement with law enforcement. By knowing your rights, you will be armed with tools to demonstrate that you too should be treated with dignity and respect. Practice the phrases outlined below so you become comfortable with the language. Please share this with your family, friends, and neighbors. Knowledge is power!
   1. “Officer, I wish to remain silent.” 
   2. “Officer, I’d like to see a lawyer.”
   3. “Officer, I don’t consent to searches.”
   4. “Officer, am I free to go?"
2. Utilize the Power of Social Media
   
   A key component to effectuating meaningful change is communicating calls for reform to the widest audience possible. Social media is a free, easily accessible platform that reaches persons all around the globe. After a police killing, we typically hear about the incident for a few days and around key milestones in any resulting legal proceeding. Shortly thereafter, the story fades away from news cycle. Utilizing social media can provide the means for continuous dialogue once mainstream media stops covering an issue.
3. Contact Your Local Government
   
   As Thomas Jefferson once said, “The government closest to the people serves the people best.” In our current political climate, this cannot be underscored enough. There is a wealth of opportunities for citizens to engage with their local government. You can testify at a public hearing, write a letter to your representative, or attend a town hall.
   
   Many of the laws and policies that are developed by our legislatures come directly from issues raised by the community. We therefore must invest time and energy to contact our local lawmakers so they are aware that we will not allow these outrageous actions by our police departments to go unnoticed.
4. Volunteer in Your Community
   
   Knowledge is power. When you know your rights, know how to influence your local government, and ultimately know your self-worth, you have the courage to demand change.  The unfortunate reality is that too many people are not in a position to absorb necessary resources or develop personal relationships with positive role models. If we each dedicated just a small amount of time to volunteer in our community on a regular basis, it would make a world of a difference. There are countless ways to do so — check out your local youth groups, senior centers, or nonprofit organizations. Our communities need us.

According to a 2015 study, racial minorities made up about 37.4 percent of the general population in the United States, but they made up 62.7 percent of unarmed people killed by police. What can we do about it? We can require accountability and transparency by taking the actions described above so the senseless cycle of police killings does not repeat itself over and over again. We need to call for independent prosecutors, implicit bias and cultural awareness training for police departments, and improved police-community relations.  Collectively, we must serve as the influencing voice in the fight for justice.

Police Requests and My Rights

Q: What are my rights if a police requests to search the inside of my car or home? Hana from California

A: In order to conduct a search of you or your home, an officer must have a warrant.  An officer, however, can ask you if they have permission to look inside of your home or car.  You do not have to allow an officer to look inside of your home or car, and you should say no.  The fact that they are asking means that they don’t have a warrant.  Clearly stating, “No, I don’t consent to searches,” is the best way to protect yourself.

Car
Officers can ask you to step outside of the car. The police cannot search your car unless you
give them your consent or they have probable cause (sufficient reason based upon known
facts to believe a crime has been committed or that certain property is connected with a
crime). If you do not want your car searched, clearly state that you do not consent: “Officer,
I don’t consent to searches.”  An officer, however, is allowed to look inside of your car through the window and anything that is illegal and in plain sight (i.e. not hidden away) can be seized and become the basis for an arrest.

Home
Law enforcement officers can search your home only if: 1) They have a warrant; or 2) your
consent. 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 warrant must contain the judge’s name, your name and 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.

Rights when Driving

Q: Are the police able to pull you over, while driving, just because they want to? Or do they have to have a reason? Keagan from California

A: No, police officers should not pull you over, while driving, just because they want to. They are, however, able to pull you over for any type of driving infraction.  Speeding, not coming to a full stop at a stop sign, changing lanes without a signal are common, but they can also stop you for relatively minor things like an expired registration ticket, a broken taillight, or even having too dark of a tint on your windows. If you believe you were stopped for no legitimate reason, keep a record of as much information as possible such as the officer’s name, badge number, and any other details of the stop. This information will be helpful should you need to hire an attorney or simply wish to file a complaint with your local police oversight board

Rights when Pulled Over

Q: What are my rights if I get pulled over? Andrew from California

A: If you are driving and you are pulled over for a traffic violation, the officer can require you to show your license, vehicle registration, and proof of insurance. Try to have your documents out before the officer gets to your window. If you do not have a chance to get your documents out before the officer is at your window, ask for permission to get them from the glove box, middle console, your pocket, etc. 

Do not make any sudden movements. Keep your hands where the officer can see them, at all times. Keep your hands on the steering wheel if you are driving. If you are in passenger seat, put them on the dashboard. If you are in the back of the car, put them on the seat in front of you. 

Officers can ask you to step outside of the car. The police cannot search your car unless you give them your consent or they have probable cause (sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime). If you do not want your car searched, clearly state that you do not consent: “Officer, I don’t consent to searches.”  An officer, however, is allowed to look inside of your car through the window and anything that is illegal and in plain sight (i.e. not hidden away) can be seized and become the basis for an arrest.

You have the constitutional right to remain silent even if you have broken the law. Other than providing your name, you do not have to answer questions. If you wish to remain silent, say so aloud: “Officer, I wish to remain silent.” Anything you say to a law enforcement officer can be used against you and others.  

You should always talk to a lawyer before agreeing to answer questions: “Officer, I’d like to see a lawyer.” A lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, the officer should stop asking you questions. If the officer continues to ask questions, you still have the right to remain silent. If this happens, keep repeating your request for a lawyer or simply remain silent.

Rights when Pulled Over After Curfew

Q: If I get pulled over after 11pm curfew without having my driver's license for a year, what are my rights?  Kathleen from California

A: If you are driving and you are pulled over for a traffic violation, the officer can require you to show your license, vehicle registration, and proof of insurance. Try to have your documents out before the officer gets to your window. If you do not have a chance to get your documents out before the officer is at your window, ask for permission to get them from the glove box, middle console, your pocket, etc. 

Do not make any sudden movements. Keep your hands where the officer can see them, at all times. Keep your hands on the steering wheel if you are driving. If you are in passenger seat, put them on the dashboard. If you are in the back of the car, put them on the seat in front of you. 

Officers can ask you to step outside of the car. The police cannot search your car unless you give them your consent or they have probable cause (sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime). If you do not want your car searched, clearly state that you do not consent: “Officer, I don’t consent to searches.”  An officer, however, is allowed to look inside of your car through the window and anything that is illegal and in plain sight (i.e. not hidden away) can be seized and become the basis for an arrest.

You have the constitutional right to remain silent even if you have broken the law. Other than providing your name, you do not have to answer questions. If you wish to remain silent, say so aloud: “Officer, I wish to remain silent.” Anything you say to a law enforcement officer can be used against you and others.  

You should always talk to a lawyer before agreeing to answer questions: “Officer, I’d like to see a lawyer.” A lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, the officer should stop asking you questions. If the officer continues to ask questions, you still have the right to remain silent. If this happens, keep repeating your request for a lawyer or simply remain silent.

Driving and No License

Q: What would happen if a police officer pulled me over and I don’t have my license?  Camila from California 

A: Please note the answer will vary depending on where you live. According to California law, a person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license. This offense will usually be punishable by a fine, though it can also be charged as a criminal misdemeanor, which carries jail time.

If the question is about failing to carry a driver’s license, rather than failing to obtain one at all, then the penalties are a little lighter. In California, a person who is unable to produce a driver’s license when stopped by police can be ticketed and ordered to pay a fine, but the case will generally be dismissed in traffic court if you show the license that was valid at the time of the stop.  

Crash and No License

Q: Are there any consequences if I get pulled over or get in a crash without my license or registration with me? Kyle from California

A: Please note the answer will vary depending on where you live. According to California law, a person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license. Every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility (proof of insurance) for the vehicle that is in effect at the time the demand is made. These offenses are usually punishable by a fine. As described in response to the previous question, driving without carrying proof of licensure is still a punishable offense, but it is a less serious offense than driving without having a valid license at all. Normally, a person cited for driving without carrying a license can simply show up in traffic court with a valid license and get the citation dismissed. 

Right to Record Encounter

Q: If pulled over by a cop, am I allowed to record the encounter to make sure nothing bad happens? Owen from California

A: Yes. The First Amendment protects your right to record encounters with law enforcement. It is important to note, however, that you must do so in a manner that does not interfere with the police activity. For example, if an officer asks you to back up, you should comply. 

Handling Engagement with Police

Q: What should I do in a situation where my life is put in danger by a cop? A student from Pennsylvania

A: The best thing to do is to remain calm. The goal is to get out of the encounter as quickly and safely as possible. Unfortunately, the onus can be on us to rectify these types of situations. After the situation is over, try to record all of the details you can recall. This information will be helpful should you need to hire an attorney or simply wish to file a complaint with your local police oversight board. 

Q: Why do I need to put my hands out of the car when I am stopped by police officers? It  doesn’t seem fair. My white friends who live in Beverly Hills say they don’t have to do that. DR from California

A: Existing law gives police officers quite a bit of legal leeway to protect their own safety when they make traffic stops, because traffic stops can be unpredictable and at times can result in violence. However, police should certainly not use that leeway in a biased way based on the race of the motorist.

Unfortunately, African Americans are racially profiled and discriminated against consistently by law enforcement, due to implicit bias stemming from some horrendous history of this nation.  When I was learning to drive, the first thing my mother told me was if I ever got pulled over, to keep my hands on the steering wheel at “10 and 2” where the officer could see them. If I did not have a chance to get my license and registration out prior to the officer coming to my window, I was to ask for permission to remove it from the glove compartment. I am certain my friends in white households were not taught the same.

We must demand change. We cannot stop fighting until we see measurable impact. If transformation will not come from our elected officials and others in power, we must serve as the influencing voice to advocate for justice.

Q: Why do I see police on the internet stopping young Black students for just walking down the street? Shouldn't that be against the law? HC from California

A: Unfortunately, African Americans are racially profiled and discriminated against consistently by law enforcement, due to implicit bias stemming from some horrendous history of this nation.

We must demand change. We cannot stop fighting until we see measurable impact. If transformation will not come from our elected officials and others in power, we must serve as the influencing voice to advocate for justice.

Bail for Minor Offenses

Q: If I get arrested for a minor offense (fighting at school, vaping, etc) and have no criminal record, do I have to pay bail? LW from California 

A: This is a very state-specific and case-specific question. In general, the rules will differ quite a bit depending on whether the case is being handled as a juvenile offense or as a crime in adult court. A child without a criminal record who is cited for a nonviolent offense such as vaping is unlikely to be prosecuted in adult court, especially if the child is significantly younger than 18. In California, where the questioner is from, juvenile courts do not have a “bail” process as adult courts and jails do. A child taken into custody in the juvenile system will either be held in juvenile detention while the case is being decided in court, or will be released into the custody of a parent or guardian. Judges have leeway to make the decision to hold or release the child, based on guidelines set out in the California Welfare and Institutions Code. Judges normally are told to grant release unless the child is considered a danger to other people or their property, or is likely to flee and not show up for court.

The information presented herein should not be construed as legal advice, may not be current, and is subject to change without notice. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. 

Know Your Rights responses have been provided by Melanie E Bates. Melanie E. Bates is an attorney and consultant based in Washington, DC. She is Principal of Melanie Bates Consulting, LLC, a strategic policy and communications firm with an overall focus on criminal justice reform.