Your Rights and the Police
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Your Rights and the Police
- What are my basic rights when stopped?
- What is the difference between being "detained" and "arrested"?
- What do I need to know during a traffic stop?
What are my basic rights when stopped?
The Right to Silence: You have the right to remain silent. If you wish to exercise this, you should say so out loud, "I want to remain silent."
The Right to Refuse Searches: You do not have to consent to a search of yourself, your car, or your home. If you wish to exercise this, you should say so out loud, "I do not consent to this search".
The Right to an Attorney: If you are arrested, you have the right to a lawyer. If you cannot afford one, the government must provide one
The Right to Information: You can ask for an officer's name and badge number. If you are arrested, you have the right to know why.
Identification Rule: Generally, you don't have to show ID unless you are driving or if an officer has "probable cause" you broke the law.
Note: In Georgia, you can be arrested for refusing to identify yourself if charged with loitering or prowling.
What is the difference between being "detained" and "arrested"?
Being Detained: You are not free to leave, but you are not under arrest yet. Police may frisk you for weapons (a "pat down" of outer clothing), but they cannot conduct a full search without your consent or a warrant.
Being Arrested: You are taken into custody. You must go with the officer and should immediately ask for a lawyer and invoke your right to remain silent.
What do I need to know during a traffic stop?
Documentation: While you have the right to remain silent, you must show your driver’s license, registration, and proof of insurance when asked during a stop.
Passenger Rights: Passengers also have the right to remain silent and can ask if they are free to leave.
Vehicle Searches: Police can search your car without a warrant if they have "probable cause" (reason to believe it contains evidence of a crime), but you should still state clearly that you do not consent to protect your rights later.
- How should I handle the interaction?
- What steps should I take if I am arrested?
- What can I do if my rights are violated?
How should I handle the interaction?
Stay Calm and Visible: Be polite and keep your hands where the officer can see them. Keep your hands on the steering wheel (if driving) or where the officer can see them. Do not run or resist, even if you are innocent.
Ask if You Are Free to Go: Ask: "Am I free to leave?" If yes, walk away calmly. If no, ask: "Am I being detained or under arrest?"
Sign the Ticket: If you are issued a traffic ticket, sign it. In Georgia, refusing to sign a ticket can lead to an immediate arrest.
What steps should I take if I am arrested?
Invoke Your Rights: Say: "I am going to remain silent and I want a lawyer." Do not give explanations, stories, or excuses.
Make Your Phone Call: You have the right to a local call. Police cannot listen if you are talking to a lawyer, but they can listen if you call anyone else.
Demand a Judge: If you aren't released on bail, you have the right to see a judge within 48 to 72 hours. Demand this right.
Check the Receipt: Ensure the police provide a receipt that accurately lists every single item taken from you (clothing, jewelry, etc.).
What can I do if I think my rights are violated?
Do Not Fight on the Street: Police misconduct cannot be challenged on the street. Don’t physically resist officers or threaten to file a complaint. Misconduct should be challenged in court or through official channels, not during the encounter.
Document Everything: As soon as possible, write down the officer's name, badge number, patrol car number, and the contact info of any witnesses.
Gather Evidence: If you are injured, take photos of your injuries immediately and see a doctor.
File a Formal Complaint: Do not threaten a complaint on the street. File it later. Contact the police department's internal affairs division, a civilian complaint board, or call a lawyer
Note: This is legal information, not legal advice. Laws can change quickly; always consult with a licensed attorney for your specific case.
ACLU of Georgia
American Civil Liberties Union of Georgia
PO Box 570738, Atlanta, GA 30357
770-303-8111; info@acluga.org