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Rights During a Stop or Arrest in Georgia

Authored By: Atlanta Legal Aid Society, Inc. LSC Funded
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You have rights if you are stopped or arrested during a protest

If you are stopped,

keep calm.

 

Keep your hands where the officer can clearly see them.

 

You have rights during these encounters, but there may be times when asserting those rights is unsafe.

Your safety is the most important thing.

 

You have the right to remain silent.

You cannot be arrested for not answering questions.

Tell the officer you do not want to talk.

 

You are only required to give your name or show your ID if you are suspected of criminal activity.

It is better to stay silent than to lie to the police.

Giving false information could lead to criminal charges.

 

Unless you are under arrest, you have the right to leave.

Ask the police officer if you are free to leave before you walk away.

 

You have the right to refuse a search of your things.

An officer may pat you down if they suspect you have a weapon, but may only search your belongings with either your consent or a warrant.

 

You have rights during an arrest.

 

You have the right to ask for identification.

 

You have the right to be told what crime you are being charged with.

 

You have the right to not speak.

You do not have to answer any questions or speak to officers.

You can tell the officer that you wish to remain silent and want to talk to a lawyer.

 

Once you are arrested, you have the right to make a phone call.

If you are speaking with an attorney, the police cannot listen to your phone call.

 

You have the right to a bail hearing within 48 hours.

 

If you are arrested, do not resist.

Resisting arrest can lead to more charges.

It may also be unsafe.

 

By law, Atlanta Legal Aid and Georgia Legal Services can only provide information about your rights during a protest. We cannot give legal advice or tell you whether to protest. 

 

For a list of organizations that can help and links to resources, go to Georgialegalaid.org

Last Review and Update: Jun 23, 2020