What to Do When You’re Stopped by the Cops (or Immigration Agents or FBI)

Thanks to movies and television, we know generally what our constitutional rights are, but most of us don’t know when to assert them or what to say.

In short:

The police have a right to detain you if they have reasonable suspicion that you broke a law, such as a minor vehicular violation. During a detention, the police have a right to ask you for identification and, if driving, car registration and proof of insurance. While detaining you, the police will be looking for a reason to arrest you. The police may ask you questions like, “Any drugs in your car?” or “Mind if I look in the trunk?” You do not need to answer these questions. You should say: “I’m going to remain silent. I would like to see a lawyer. No, I do not consent to you searching the trunk.” During a detention, if the officer develops probable cause to believe that you committed a greater crime, like drug possession, the officer may have reason to arrest you.
The police have a right to arrest you only if they have probable cause to believe that you committed a specific crime.
You have a right to remain silent and request an attorney if you have been placed under arrest (or are not free to go) and the police begin to interrogate you (or ask you questions that a reasonable person would feel they were required to answer).

When Being Detained or Arrested, Do:

Be polite, but do not babble (see below: “Do Not . . . “)
Take control of the situation—do not answer questions you are not required to answer. For example, if the police pull you over the first thing they will do is ask you something like, “Do you know why I pulled you over?” They are trying to get an admission. Instead of answering the question, ask respectfully, “Should I get out my license and car registration, officer?”
Stay in your seat and keep your hands where the officer can see them.

You have a few options as to what to say:

“I want to cooperate. I need to speak to my attorney.” And then, do not answer any questions.
“I remain silent. I want an attorney.”
“You do not have the right to search me or my property.” Or “I refuse to consent to a search” (you can refuse consent to a search of yourself, your car, or your home).

Do Not:

Do not say anything, sign anything, or make any decisions without a lawyer.
Do not answer the question, “Do you know why I pulled you over?”
Do not “explain” to the police what happened—your explanation may be used against you as an admission to an element of a crime, such as an admission to driving a vehicle or possessing someone else’s property.
Do not defend yourself to the police. You do not need to defend yourself unless the police arrest you and the district attorney presses charges against you. Through calm deliberation, you and your attorney will develop the best strategy for your defense.
Do not answer the question, “Do you have any drugs in your possession?” Instead of saying yes or no, say, “I’m going to remain silent. I would like to see a lawyer.” Any other statements can be used by the officer to justify probable cause for an arrest or search.
Do not consent to a search. Instead, say: “I do not consent to a search.” Be aware that the officer’s request to search may be indirect, such as “Why don’t you show me . . .” or “I want to see . . .” It is perfectly appropriate for you to respond, “I do not consent to a search.” Be sure to keep your conversation with the officer respectful and polite.
Do not resist arrest, even if you believe the arrest is unfair, because there is a good chance you will get injured.
Do not threaten to file a complaint. You will gain nothing by threatening to file a complaint. You can make the decision to file a complaint later, after you have written down everything you remember.
Do not discuss your immigration status with anyone but your lawyer. You do not have to answer questions about your immigration status or anything that would give the police reason to make assumptions about your immigration status (such as where your parents are from).

If you are arrested:

If you are arrested, you have the right to make a call from jail. Call your attorney for advice and ask your attorney to call your family/partner/spouse/close friend and your employer. After your free call, you may be restricted to making collect calls—some cell phones do not accept calls from jail and the person you are calling may be required to purchase an expensive pre-paid plan in order to take calls from you.
Do not have a conversation with the police while you are in the patrol car.
If an immigration agent visits you in jail, do not answer questions or sign anything before talking to a lawyer. If you need an immigration lawyer and do not have one, ask for a list of free or low-cost legal services. You have the right to contact your consulate or have an officer inform the consulate of your arrest.
Do not threaten to file a complaint. You will gain nothing by threatening to file a complaint. You can make the decision to file a complaint later, after you have written down everything you remember.

Police Search

Once the police arrest you, they have the right to search your body and belongings you have with you. If you’re arrested in a car, the police can search the passenger compartment if they have reason to believe that they would find evidence of the crime that led to the arrest or if you are in the car and there may be weapons or contraband within your immediate reach. If you have been removed from the car and are locked up in a police cruiser, and the officers have no reason to believe they will find evidence of the crime that led to your arrest, then the police cannot search your car. The police can search the trunk of the car and/or any container in the car if they have probable cause to believe there may be evidence of a crime or if they have a warrant.