Know Your Rights - Police Interactions

Casual conversation

• Police can always ask to speak with you; they do not need to suspect you of any wrongdoing
• You do not have to talk to them in this type of encounter. Ask: "Am I being detained or am I free to leave?"
  • If you are free to leave, you can just walk away.
  • If you are not, this is not a casual conversation, but a detainment.
• You do not have to identify yourself to police or show ID, though you might want to weigh the costs and benefits of complying

Detainment

• Police must have reasonable suspicion that you committed a crime. 

• You are not free to just walk away
• But you do not have to answer any questions besides identifying yourself (if you are driving, you must provide your license, registration, and proof of insurance)
  • Say: "I am going to remain silent," and then actually remain silent, other than to repeat, "I am going to remain silent."
• You do not have to consent to any searches. But if police reasonably suspect you have a weapon, they may frisk you
  • Say: "I do not consent to any searches."

Arrest

• Police must have a probably cause to believe you are involved in a crime.
• You do not have to answer any questions besides basic biographical information (name, address, etc.)
  • Say: "I am going to remain silent and I want to talk to a lawyer."
  • Actually remain silent, other than repeating, "I am going to remain silent"
• Police can search you, but not your phone, with or without consent. But it's still better not to give consent.

Under Vermont law, unless you're driving, it is enough to just "identify [yourself] satisfactorily to the officer" - you do not need to show ID.

• Stay calm. Do not argue, resist, or obstruct the police. Keep your hands where police can see them. Do not threaten or touch any officer. 
• Do not run away from police; it may give them the suspicion they need to legally detain you.
• Ask if you're free to leave. If yes, calmly and silently walk away.
• If you're under arrest, tell the officer you wish to remain silent.
• You do not have to consent to a search of yourself or your belongings.
• If you think your rights are being violated, you must still comply with orders; the time for filing a complaint comes later.

• Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way, and place your hands on the wheel.
• Upon request, show police your driver's license, registration, and proof of insurance.
• If an officer asks to look inside your car, you can refuse. But if police believe your car contains evidence of a crime, they can search it without your constent.
• Both drivers and passengers have the right to remain silent. If you're a passenger, you can ask if you're free to leave. If yes, silently leave.

• You do not have to let them in unless they have a warrant.
• Ask them to show you the warrant. Officers can only search the areas and for the items listed on the warrant. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside.
• Even if officers have a warrant, you may remain silent. If you choose to speak, step outside and close the door.

• Do not resist arrest.
• Say you wish to remain silent and ask for a lawyer. If you can't afford a lawyer, you have the right to one free of cost.
• Minors have the right to have a parent or other adult present during questioning.
• Don't say anything, sign anything, or make any decisions without a lawyer.
• You have the right to make a local phone call. The police cannot listen if you call a laywer.

• Use 'em or lose 'em - If you do not assert your rights at the time they are challenged, you often cannot get them back. 
  • For instance, if you consent to a search, evidence police find can be used against you in court, even if they could not have legally gotten that evidence without your consent.
    • Police know this. They will oten try to get your consent for searches you do not have to let them perform.
• Make absolutely clear that you are asserting your rights -- no uncertain language. Speak calmly, but firmly, and loudly enough that all officers and witnesses can hear you.
  • “I do not consent to any searches” - clear
  • "I would rather you didn’t search” - not clear
  • “I want to talk to a lawyer” - clear
  • “Should I talk to a lawyer?” or “Do I need a lawyer?” - not clear

• As soon as you are able, write down the officers' badge and patrol car numbers, which agency the officers were from, and any other details.
• Get contact information for any witnesses.
• If you're injured, seek medical attention and immediately take photographs of your injuries
• File a written complaint with the agency's internal affairs division and civilian complaint board.