What to Do When Police Stop You

Most police encounters end quickly. Knowing your rights, and the limits of those rights, helps keep it that way and protects you if a case follows.

If you are stopped on foot

• Police can briefly detain you if they have reasonable suspicion that you are involved in a crime, and may pat you down for weapons if they reasonably believe you are armed and dangerous (Terry v. Ohio).
• Ask: "Am I free to leave?" If yes, calmly walk away.
• Some states have "stop and identify" laws requiring you to give your name during a lawful detention; the Supreme Court upheld such a law in Hiibel. You can otherwise remain silent.

If you are stopped in a car

1. Pull over safely, turn off the engine, turn on the interior light at night, and keep your hands on the wheel.
2. Provide your license, registration and proof of insurance when asked.
3. Officers can order drivers and passengers out of the car during a lawful stop.
4. A traffic stop cannot be prolonged beyond the time needed for its purpose, for example to wait for a drug dog, without reasonable suspicion (Rodriguez v. United States).

The right to remain silent

You do not have to answer questions about where you are going, where you have been, or whether you have been drinking. Say: "I'm going to remain silent." The Fifth Amendment protects you from being compelled to incriminate yourself. Do not lie; giving false information can be a crime.

Searches

You can say: "I do not consent to any searches." Officers may still search if they have probable cause, a warrant, or another legal exception, but refusing consent preserves your ability to challenge the search later. Do not physically resist. See search warrant challenges.

If you are arrested

Do not resist, even if you believe the arrest is unfair; resisting is a separate crime. Ask for a lawyer and stay silent. See what happens after you get arrested.

Recording

In many places you may record police in public as long as you do not interfere, but rules vary by state and circumstance. Keep a safe distance.

Afterward

Write down officer names, badge and car numbers, time and location, and witness contacts. If you believe your rights were violated, see how to report police misconduct or talk to a criminal defense lawyer.

Sources

1. Cornell Law School LII: Terry v. Ohio, 392 U.S. 1 (1968)
2. Cornell Law School LII: Rodriguez v. United States, 575 U.S. 348 (2015)
3. Cornell Law School LII: Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004)
4. Cornell Law School LII: Fifth Amendment