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Your Rights and the Police
by: American Civil Liberties Union of Georgia
Your Rights & the Police
What you say to the police is important. What you say can be used against you and can give the police an excuse to arrest you, especially if you speak disrespectfully to an officer.
You do not have to answer a police officer's questions, but you must show your drivers license, registration, and proof of insurance when stopped while driving a car. You cannot be legally arrested for refusing to identity yourself to a police officer unless you are charged with loitering or prowling.
You do not have to give your consent to any search of yourself, your car, or your home. If you do consent to a search, it can affect your rights later in court. If the police say they have a warrant, ask to see it.
Do not interfere with, or obstruct the police even if they begin an illegal search-you can be arrested for it. You can ask for the officer's name and badge number. If your request for information is refused, note the information you can see such as the badge number, nametag, car number or vehicle license plate number. File a complaint later if you feel your rights have been violated.
If you are stopped by the police
You may remain silent. You do not have to answer any questions, including your name, age, and address, or show any ID unless you are operating a car, or unless the officer has probable cause to believe you have violated the law. However, it is advisable to provide basic information only, such as name, age, and address.
Ask if you are under arrest. If so, ask why. If you are not under arrest, you should be free to leave. (Never run from a police officer).
Do not physically resist. The police may frisk you for weapons by patting the outside of your clothing, but nothing more. Make it clear that you do not agree to any search. However, if searched, do not resist. File a complaint later.
If you are stopped in your car
Show your driver's license, registration, and proof of insurance upon request. Your car can be searched without a warrant as long as the police have probable cause. To protect yourself later, make it clear that you do not consent to a search.
If you are given a ticket, you should sign it. If you do not, you can be arrested. Your driver's license can be taken from you, but it should be returned to you when you pay the fine. Of course, you can always fight the case in court later.
If you are suspected of drunk driving and refuse a breath or blood test, your license can be suspended.
If you are arrested
Whether or not you are guilty, go with the officer. You can make your defense in court.
You have the right to remain silent; use it. Tell the police nothing except your name, age, and address. Don't give explanations or stories or try to excuse the conduct.
Ask to speak with an attorney at once. You can do so by phone right after being taken into custody. If you are arrested and face jail time but can't afford a lawyer, you may request that a public defender be appointed to represent you. Don't talk to the police until your lawyer is present.
If the police say they have a warrant, ask to see it. Whether or not the police have a warrant to search you or your property, you can protect your rights by making it clear that you do not agree to any search. Do not physically resist if the police continue their search.
The police must give you a receipt for everything taken from you, including your wallet and its contents, clothing, jewelry, and any packages you were carrying when you were arrested. Check your receipt when you are arrested to make certain it correctly lists all of the property taken from you by jail personnel.
You may be released with or without bail following booking. If not, you have the right to go into court and see a judge the next day after arrest. Demand this right. When you appear before the judge, ask for an attorney.
Don't make any decisions in your case until you have talked to an attorney.
This is not complete advice.
Be sure to consult a lawyer.
ACLU
American Civil Liberties Union of Georgia
142 Mitchell Street, S.W. Suite 301
Atlanta, Georgia 30303
(404) 523-5398
Gerald R. Weber, Jr.
ALCU of GA
Reviewed 9/2/02
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