Know Your Rights Surviving a confrontation with the Police

Outline: Most Likely Scenarios Some Common Sense Your Constitutional Rights The Police Your Rights Applied On the Street Traffic Stops/Checkpoints At your door Right To Record After Actions

A Little Common Sense Don’t commit crime You’re a “criminal” even if you don’t commit crime Don’t contribute to your prosecution Comply with lawful orders Be calm Be respectful

Your Rights are Universal Police do not have to read you your (Miranda) rights for you to have or use them Miranda v. Arizona requirements:...The person in custody must, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he/she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he/she is indigent, an attorney will be provided at no cost to represent him/her.

Your Rights are Universal –Fourth Amendment: Right to be secure in your person, papers and effects against unreasonable searches and seizures; warrants based on probable cause –Fifth Amendment: Right not to self-incriminate, be deprived of life, liberty or property without due process. –Sixth Amendment: Right to know the crime you’re accused of and right to counsel (a Lawyer) –Seventh Amendment: Right to trial by jury –Eighth Amendment: Freedom from excessive bail, fines and cruel/unusual punishment

Limits for Police Reasonable Suspicion: Specific and articulable facts that link you to a particular crime; can’t be a ‘hunch’ Probable Cause: Specific and articulable facts that cause belief that you have committed a crime or that evidence of a crime or contraband would be found in a search. Plain View Doctrine: The allowance for an officer to seize evidence that is open and in plain view, or use evidence in plain view to develop reasonable suspicion or probable cause.

Lawful Police Practices Contact: Casual contact by police is voluntary Detention: Police can hold you for questioning based on reasonable suspicion. If police cannot determine probable cause within two hours, they must release you. Arrest: Detainment and processing for prosecution based on probable cause

Police Myths Undercover police are not allowed to lie if you ask directly if they are a police officer Police are required to read you your rights Police are required to show 3 forms of ID You can talk, cry, flirt your way out of a ticket If you don’t sign the ticket, they can’t try you

Your Rights Your prosecution starts the moment you are stopped by police. The following are suggestions; use as practical Respectfully decline to answer any questions: –“I’m sorry, I do not answer questions without my attorney present.” Respectfully refuse consent to a search: –“I do not consent to a search without a warrant.” –Police may complete a “frisk”; a safety check for weapons. This does not constitute a search, but can be used to generate reasonable suspicion/probable cause.

Your Rights Respectfully ask if you’re being detained: –If no: “Am I free to go?” and leave when allowed –If yes: Do not answer questions until you have legal representation. Within two hours, they have to arrest you and process you based on probable cause, or release you. Weigh all options against practicality

On the Street Identification requirements: –Voluntary interactions do not require you to show ID/provide for any reason, however police can use refusal for reasonable suspicion. –Detained: Police can demand name, address, business and destination. You are not required to give it, but it could be a full 2+ hour detention.

Traffic Stop Identification Requirements –License –Registration –Insurance: Paper Digital: Delaware statute expressly states that providing proof of insurance on a digital devise does not constitute consent to search data on the device.

Traffic Stops: Prevention Don’t commit moving offenses Become invisible: –Know the laws –Limit flair/bling/tint/extra lights –Limit music volume –Don’t brake at speed traps –Don’t panic

Traffic Stop/Checkpoints Limit reason for probable cause: –Windows: limit the officers ability to use the “smell” justification for marijuana or alcohol –Don’t answer questions: “I’ve only had one drink; I was only going 5 over.” –Don’t consent to search –Sign ticket/argue in court Passengers: –Same requirements as on the street

At Your Door Refuse consent to search Renters: landlord must provide notice prior to entry for repairs/maintenance. They can also allow police to search their property. Shared living: anyone with access to property may consent to a search. –Educate your roommate/spouse/children of their rights/your expectations. –Courts uphold private rooms as off limits for search even with a roommate’s consent to search. Prevent searches in your absence with a lock and key for your room/secure personal effects in a safe.

Right to Record Don’t expect body/dash cams to assist Public officials, in execution of their duties, have no reasonable expectation to privacy/protection from recording It is unlawful to impede an investigation/encounter –Maintain sufficient distance as to not impede officers’ actions –Be cognizant of safety Expect intimidation

After Actions Write down as many details as possible/record encounters if possible Document names, locations, date and time, badge numbers (will also be listed on tickets/summons), and info for witnesses. Seek counsel

Resources More educational resources: – – – of_rights_transcript.html –Citizens for Criminal Justice

Resources Legal assistance: –Delaware Public Defender’s Office NCC – Kent – Sussex – /5324 –Delaware Courts Courts.delaware.gov/help/legalassistance.stm Legal Help Link: