Know Your Rights By: Brandon Varone.

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Presentation transcript:

Know Your Rights By: Brandon Varone

What do you do when you’re confronted by police? Description What do you do when you’re confronted by police? Identify your rights no matter where you are Simple design takes you through a set of questions tailored to your situation Get quick answers based on your responses Protect yourself! Price: Free This app is intended for use by all citizens who might be in trouble with the law. * Available for iPhone and iPad Download Page

Your Rights YOUR RIGHTS Remain silent Refuse Search Request 5th Amendment What you don’t say cannot hurt you The less you say, the better- what you say can be used against you in court Refuse Search Request 4th Amendment Can say that you do not consent to the search Refusing a search is not an admission of guilt If police search your car, home, etc. even though you refuse, the lawyer for your case can file a motion to suppress the evidence in court

Choose Your Location KNOW YOUR RIGHTS! In Your Car In Your Home In a Public Space

Do the police have probable cause to search your vehicle? Facts or evidence to believe you are violating the law Do the police have probable cause to search your vehicle? YES NO Police observe something real, i.e. illegal substances Smelling contraband Admission of guilt Minor traffic violation (speeding, broken tail light, expired registration, etc.) In Your Car

If you clicked no… What to Do? STAY CALM AND COOL Wait for the police car with your hands on the wheel Greet the police officer with respect and call him/her “officer” Never talk back, raise your voice, or use profanity with police NEXT

If you clicked no… What to do? DETERMINE IF YOU ARE FREE TO GO YOU terminate the encounter, if you are not detained or arrested Ask if you are free to go If the officer lets you leave If you are not free to go Depart immediately Ask for a lawyer Choose Your Location

Do the police have a search warrant? In Your Home… Do the police have a search warrant? YES NO To get a warrant, the police must write an affidavit to convince a judge of probable cause the criminal activity is occurring

If you clicked No… What to do? When police come to your door… Don’t let them in without a warrant Keep chain lock on while talking so they can’t force the door open If it is a noise issue, apologize and turn the music down or bring a barking dog inside Contact your lawyer before saying too much

If you clicked Yes… What to do? When police come to your door… Stay calm and polite Do not obstruct the police Do not lie or give false documents If you are arrested legally, the police can search you and the immediate environment for weapons Choose Your Location

Do the police have probable cause? Reasonable suspicion that you have committed, are committing, or are about to commit a crime Do the police have probable cause? In a Public Space YES NO

If you clicked no… What to do? A pat down of the outside of your clothing or bag to determine if you are armed AND pose a danger to the officer’s safety Politely ask if you are free to go If the police officer says yes, calmly walk away If the police officer says no, you are being “stopped” or “detained” If you clicked no… What to do? If the police “frisk” you… You do NOT have to consent to a search Say politely but loudly enough to hear, “I do not consent to this search” If a search goes beyond a “frisk” you can request that the search be conducted by an officer of your gender http://copwatchnyc.org/media/uploads/resources/CPR-know-your-rights.pdf

If you clicked yes… What to do? 5th Amendment If you clicked yes… What to do? Say, “I am going to remain silent. I want a lawyer.” Do not sign anything without a lawyer present http://copwatchnyc.org/media/uploads/resources/CPR-know-your-rights.pdf

Work Cited ACLU. "What To Do If You're Stopped By Police, Immigration Agents or the FBI." American Civil Liberties Union. ACLU, 2015. Web. 20 Apr. 2015. https://www.aclu.org/know-your-rights/what-do-if-youre-stopped-police-immigration-agents-or-fbi. Know Your Rights! Help End Discriminatory , Abusive, and Illegal Policing! New York: Communities United for Police Reform, 2012. Communities United for Police Reform. Communities United for Police Reform, 2012. Web. 16 Apr. 2015. http://changethenypd.org/. “When Can Police Search Your Car? | Flex Your Rights." Flex Your Rights. Flex Your Rights, n.d. Web. 17 Apr. 2015. http://www.flexyourrights.org/faqs/when-can-police-search-your-car/. "Mapp v. Ohio: The Exclusionary Rule | Flex Your Rights." Flex Your Rights. Flex Your Rights, 29 May 2012. Web. 16 Apr. 2015. <http://www.flexyourrights.org/mapp-v-ohio-the-exclusionary-rule/>. "When the Fourth Amendment Applies." Findlaw. Thomson Reuters, 2014. Web. 20 Apr. 2015. <http://criminal.findlaw.com/criminal-rights/when-the-fourth-amendment-applies.html>. "When Are Police Legally Allowed to Search Me?" Know My Rights. Legal Aid, 2013. Web. 15 Apr. 2015. <http://www.knowmyrights.org/knowledgebase/faq/police-encounters/when-can-police-search>.