Stay Aware

Observing information about your surroundings can later be helpful during a court case. You may want to pay attention to details about:

• the officer’s badge number

• the patrol car number

• the agency does the officer works for (Are they from the local police department? Local sheriff’s office? Something else?)

• other people who are present (These people can be witnesses)

• where and when the interaction is taking place

• the officer’s exact words 

• the details surrounding the interaction

• Anything else that you can remember that you think might be important to relay to your attorney.

We often recommend that people write their own accounts of police interactions afterwards.

T - Tell them you’re using your right to an attorney and right to remain silent.

You always have the right to an attorney and right to remain silent. Besides providing your name and date of birth, you do not need to provide any additional information or answer any other law enforcement questions.

You must actively assert these rights - meaning you need to say something like:

“I am using my right to silence and I want an attorney.” 

or

“I am asserting my right to silence and I will not answer any questions or sign anything until I talk to an attorney.”

Anything you say can and will be used against you in court! If there is information you want to share with law enforcement, wait until you have an attorney present to do so.

A - Ask if you’re free to leave

When you ask this question, you compel the officers to make a decision about whether or not they will detain you. Ask a question like:

“Am I free to leave?”

“Am I being detained?”

“Can I go?

If you are not being detained, it means that you can leave. You should do that!

If you are being detained, it means that law enforcement is using their power keep you from leaving. If you are being detained, remember the T in our acronym: Tell them you’re using your right to an attorney and right to remain silent.

N - Never consent to a search

There are lots of legal reasons why law enforcement might be able to search you or your things. Generally they need a signed warrant from a judge or to be able to prove that there was enough legal justification to violate your right to privacy (check out our Search page!). These are the burdens that law enforcement must meet in order to use evidence obtained in a search against you in court.

However, very often, people will consent to search, which takes the burden off of law enforcement. Protect yourself by not consenting to search. Say something like:

“Officer, I do not consent to a search.”

“Officer, I do not give you permission to search me or my things.”

Refusing consent may not stop the officer from carrying out the search against your will. For your own safety, don’t resist if you’re searched anyway. 

D - Do what it takes to get home safely

Interactions with law enforcement can be very scary, and can quickly escalate from a simple conversation to a potential deadly situation. We want you to do what you have to get home safely. This might mean complying with orders that feel like violations of your rights. There are opportunities during the court process for your attorney to fight for you. You may also consider filing a complaint with a nonprofit or government agency about your experience. At the end of the day, we want you to make the decision that is safest for you.