Good & Common

Documenting law enforcement is a helpful way to encourage accountability and enforce justice—in fact, many high-profile cases of police misconduct have involved independent photos and videos.

Filming Safely:

Photographing or filming the police is protected by the 1st Amendment (Religion and Expression). As long as you are documenting things that are plainly visible in public places, the police cannot ask you to stop.

When recording police officers, always remain a safe distance away. To reduce risk, remember to announce your intention to take out your phone or camera before doing so—otherwise, the police may assume that you’re reaching for a weapon. Don’t interfere with police activity or break any laws (like trespassing) in order to continue recording.

The police cannot demand to view your photos or videos without a warrant or delete your data under any circumstances, even if you are placed under arrest.

If you believe that your photos or videos may be useful in a court of law, you can submit them to relevant parties along with a written statement describing what they show.

Interactions with law enforcement can be stressful and scary — especially when you feel uncomfortable.

Being Pulled Over:

When being pulled over, it’s important to stop your vehicle as soon as it is safe to do so. However, if you are being pulled over in a desolate area or by an unmarked vehicle, you can reduce risk to yourself by taking a few extra precautions. First, slow down and turn on your hazard lights to acknowledge that you’re being pulled over. If you can, continue driving to a busy, well-lit area. When in doubt, you can call 911 to confirm that you are being pulled over by an active duty law enforcement officer.

Being Searched:

If you do not feel comfortable being searched by the officer on the scene, you can request an officer of your preferred gender. Remember, the 4th Amendment (Search and Seizures) gives you the right to deny a search—if you choose to invoke this right, say so quickly and clearly. However, if the officer suspects that you may be involved in a crime or that you may have evidence of a crime on your person, they can conduct a search without a warrant.

Being Questioned:

Just as you can request an officer of your preferred gender to perform a search, you can make the same request during questioning. While you do not have the right to this request, many police departments have policies to accommodate gender safety—especially in the event of domestic or sexual violence. However, these policies rarely apply to suspects.

Some of the most defining events in U.S. history began with a protest. From the Boston Tea Party to the Stonewall Riots to the Black Lives Matter movement, protests have long been used as a critical vehicle for change. You can help protect yourself and others by understanding your rights before organizing or joining a protest.

Organizing a Protest:

The 1st Amendment (Religion and Expression) protects your right to peacefully assemble, or protest. When choosing a location, look for spaces known as “traditional public forums,” like parks, streets, and sidewalks. If you’re protesting in front of a government building, don’t block access to the premises or interfere with its operations. What about blocking access to private buildings? Before assembling on private property, remember that the property owner has the right to set the rules of speech.

As long as you aren’t obstructing traffic, you don’t need a permit to march in the streets or on the sidewalks—but, without one, the police may ask you to move. If your event involves road closures, sound systems, or exceeds a specified size, you may need a permit. Permit applications can be a lengthy process, but the police can’t use these procedures to prevent a protest in response to breaking news events. If the permit requires a fee that you cannot afford, ask for a waiver.

Always remind attendants to protest safely and avoid engaging with counter protestors.

Attending a Protest:

The 1st Amendment (Religion and Expression) protects many forms of expression, including the right to participate in peaceful protests. When in public places, you are also allowed to take photos and record videos of anything in plain view, including the police.

If possible, attend the protest with a friend or family member. During the demonstration, follow the lead of the organizers and avoid engaging with counter protestors. Remember, violence, property damage, and other crimes are not protected acts, even at protests.

If the police believe that there is an immediate threat to public safety, they may issue an order of dispersal. When a dispersal order is announced, officers must inform attendants of what exit route they need to follow, how much time they have to disperse, and the consequences of failing to do so. If you fail to disperse, you may be arrested, even if you aren’t committing an act of violence.

If you believe that your rights have been violated, document as much information as you can—photos and videos can be particularly useful in a court of law. Take note of the officers’ badge and patrol car numbers, photograph any injuries, and connect with other witnesses. After you’ve collected this information, you can file a complaint with the agency in question or pursue charges.

If you or someone you’re walking with is stopped by the police, it’s important to navigate the situation as swiftly and safely as possible. You can help protect yourself and others by communicating your rights and cooperating with law enforcement.

Being Stopped:

When walking, a police officer may stop you for a variety of different reasons. A police officer may stop you if they believe that you have committed a crime, like loitering (the act of lingering in a public place without a purpose) or public intoxication (the act of being under the influence of drugs or alcohol in a public place). Or, if the police are near a crime scene, they may stop potential witnesses to ask for more information. If they’re in active pursuit of a suspect, the police may also stop anyone who matches the description of the individual they’re looking for.

Regardless of why you’re being stopped, don’t run or resist. Instead, stay calm and ask if you’re free to go. If the officer says yes, walk away. If the officer says no, ask why you’re being stopped. Remember, the 5th Amendment (Rights of Persons) gives you the right to remain silent—you cannot be arrested for refusing to answer questions.

If you believe that your rights have been violated, you can reduce risk by voicing your concerns in the courts—not on the streets.

Being Searched:

The police may ask for permission to conduct a search of you or your belongings. The 4th Amendment (Search and Seizures) gives you the right to deny a search—if you choose to invoke this right, say so quickly and clearly. However, if the officer suspects that you may be involved in a crime or that you may have evidence of a crime on your person, they can conduct a search without a warrant. To protect yourself later, remind the officer that you do not consent to a search. If drugs or weapons are found during the search, the police may confiscate them.

Being Arrested:

If you are arrested, cooperate with the officer’s instructions and ask for a lawyer immediately. Don’t forget, the 5th Amendment (Rights of Persons) gives you the right to remain silent.

If you or someone you’re driving with is stopped by the police, it’s important to navigate the situation as swiftly and safely as possible. You can help protect yourself and others by communicating your rights and cooperating with law enforcement.

Being Pulled Over:

When driving a car, a police officer may pull you over for a variety of different reasons. The only standard that the police need to meet in order to make an investigatory stop is reasonable suspicion that a traffic violation or crime has been committed. You may have violated a traffic law, been driving an unregistered vehicle, or have an equipment violation (like a broken headlight or a cracked windshield).

Regardless of why you’re being stopped, don’t run or resist. Instead, stay calm and pull over as soon as it is safe to do so. Next, turn off the car, turn on the cabin light, and roll down the window. Stay in the vehicle, keep your hands on the wheel, and refrain from any sudden movements.

You (and your passengers) may be asked to provide your name, date of birth, and address. When asked if you know why you’ve been pulled over, always say no—even if you do. This will help you in the event that you receive a ticket and wish to contest it in court later.

Upon request, show the officer your driver’s license, registration, and proof of insurance. If you need to open the glove box to retrieve any documents, inform the officer of your intent to do so and avoid making any sudden movements. The consequences of driving without insurance vary by state and scenario, but may include fines, vehicle impoundment, license suspension, and even arrest.

If you believe that your rights have been violated, you can reduce risk by voicing your concerns in the courts—not on the streets.

Being Searched:

The police may ask for permission to conduct a search of you or your vehicle. The 4th Amendment (Search and Seizures) gives you the right to deny a search—if you choose to invoke this right, say so quickly and clearly. However, if the officer suspects that you may be involved in a crime or that you may have evidence of a crime in your car, they can conduct a search without a warrant. To protect yourself later, remind the officer that you (and your passengers) do not consent to a search. If drugs or weapons are found during the search, the police may confiscate them.

Being Ticketed or Arrested:

If you’re given a ticket, be sure to sign it—even if you plan to contest the ticket in court later. Signing your ticket is an acknowledgement that you received it, not an admission of guilt. If you don’t sign your ticket, you can be arrested. If you are arrested, cooperate with the officer’s instructions and ask for a lawyer immediately. Don’t forget, the 5th Amendment (Rights of Persons) gives you the right to remain silent.

When speaking with law enforcement, remember that anything you say can be used against you in trial. If you feel uncomfortable speaking with the police, you can invoke the 5th Amendment and exercise your right to remain silent.

Overview

This guarantee is one of your Miranda rights, which police are required to clarify before taking you into custody. A Miranda warning is intended to help prevent self-incrimination and may sound like this:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.”

When in police custody, you must waive your Miranda rights before law enforcement can question you. If you would like to exercise your rights instead, you must make a clear statement expressing your intent to do so. Consider the following examples:

“I am exercising my right to remain silent.”

“I will not speak until my lawyer is present.”

“I would like to invoke my Miranda rights.”

If you have approached law enforcement voluntarily, the police are not required to clarify your Miranda rights before speaking with you. However, you can invoke the 5th Amendment (Rights of Persons) and exercise your right to remain silent at any time.

If someone you know is experiencing a mental health crisis, you can play an important role in de-escalating the situation to protect the safety of yourself, the individual in crisis, and others.

A mental health crisis describes the personal experience of emotional disturbance and distress that may put the individual in crisis or the people around them in danger. A person in crisis may struggle to communicate their thoughts and feelings. Stay calm, express your support, and ask how you can help. Be patient, give them space, and remember to gently announce your actions before initiating them. If you believe that you or the person in crisis may be at risk of harm, seek help from a mental health professional.

Overview

A mental health crisis describes the personal experience of emotional disturbance and distress that may put the individual in crisis or the people around them in danger. If someone you know is experiencing a mental health crisis, you can play an important role in de-escalating the situation.

A person in crisis may struggle to communicate their thoughts and feelings. Stay calm, express your support, and ask how you can help. Be patient, give them space, and remember to gently announce your actions before initiating them. If you believe that you or the person in crisis may be at risk of harm, seek help from a mental health professional.

Seeking Help

If you don’t believe there is an immediate danger, reach out to a psychiatrist, therapist, or doctor who is familiar with the person in crisis. This professional can help assess the situation and offer actionable advice. You can also contact your local mental health crisis response team. While some communities already have a three-digit phone number for mental health services, a national number is expected to be available in 2022.

If you believe there is an immediate danger, call 911. Tell the operator that someone is experiencing a mental health crisis and explain the nature of the situation, your relationship to the individual, and whether or not any weapons are involved. It can also be helpful to include any known medical history, including diagnoses or medications. Ask the operator to send someone who is trained to respond to mental health crises, like a crisis intervention officer.

If law enforcement responds to your call, reiterate the information you shared with the 911 operator as soon as they arrive. Remind the officers to view the situation as a mental health crisis and be clear about what you want to happen. If the person in crisis has no history of violence, be sure to point that out. After the officers have been informed of the situation, let them decide the course of action.

Remember, the police are responsible for determining if a possible crime has occurred and they reserve the power to arrest the individual in crisis. However, the police should not do anything that may further escalate the situation, like threatening the individual with force.

Police dogs, or K9s, are often used to conduct searches and control suspects. You’ll likely encounter K9s in heavily trafficked public places like airports, stadiums, and shopping malls.

Being Searched

In addition to their role in physical conflicts, police dogs are trained to detect drugs, explosives, and other dangerous or illegal goods. According to the 4th Amendment (Search and Seizures), the police must have reasonable suspicion that a crime has been committed in order to conduct a search of your person, property, or vehicle using a K9. During a K9 search, the police dog may alert (a visual cue indicating that they have detected contraband). An alert from a K9 constitutes probable cause, which allows any evidence found during the search to be used in a court of law.

Being Attacked

If the police believe that their safety is being threatened, they may use a K9 as a use of force. However, in most circumstances, the police must announce their intent to deploy a K9 before doing so. A K9 announcement should include a request for cooperation and the consequences of failing to do so—it may sound like this:

“If you do not cooperate, I will use my K9 to constrain you. If I deploy my K9, he is going to bite you. This is your final warning.”

Everyone has guaranteed rights in the United States—including immigrants.

Being Questioned

The 5th Amendment (Rights of Persons) gives immigrants the right to remain silent. While some states require you to identify yourself by name, you do not have to share your immigration or citizenship status with the police if asked. However, if you are not a U.S. citizen and an officer requests your immigration papers, you must show them if they are on your person. If you don’t have your immigration papers, tell the officer that you would like to consult a lawyer before answering any questions. If you cannot afford a lawyer, ask for a court-appointed attorney.

Being Searched

The 4th Amendment (Search and Seizures) protects immigrants from unreasonable searches and seizures. If the police ask to search your person, you have the right to say no unless the requesting officer has probable cause. If the police ask to search your property, you have the right to say no unless the requesting officer has a warrant.

The 4th Amendment protects your right to privacy by prohibiting unreasonable searches and seizures. While this amendment was originally written to protect the privacy of our property, it has been expanded to protect our persons.

The authors of the Constitution wrote this amendment to prevent the oppressive means of governing that many among them experienced under the British enforcement of the Stamp Act, which allowed soldiers to search wherever they wanted and seize whatever they found.

In Your Home

If the police are at your door, you can reduce risk to yourself by staying calm and remembering your rights. You do not have to invite the police into your home. Instead, talk with the officers at your door and ask them why they’re there. The police cannot come into your home without your permission unless they have an authorized warrant to search the premises. If the officers have a warrant, observe their search and take note of any items that are seized. Can I videotape their search? Can they require me to exit the premises or confine me to one room or couch or…? Don’t forget, you can still exercise the 5th Amendment (Rights of Persons) and remain silent, even when the police are executing a warrant.

On Your Person

The police may ask for permission to conduct a search of you or your belongings. The 4th Amendment (Search and Seizures) gives you the right to deny a search—if you choose to invoke this right, say so quickly and clearly. However, if the officer suspects that you may be involved in a crime or that you may have evidence of a crime on your person, they can conduct a search without a warrant. To protect yourself later, remind the officer that you do not consent to a search. If drugs or weapons are found during the search, the police may confiscate them.

In Your Vehicle

The police may ask for permission to conduct a search of you or your vehicle. The 4th Amendment (Search and Seizures) gives you the right to deny a search—if you choose to invoke this right, say so quickly and clearly. However, if the officer suspects that you may be involved in a crime or that you may have evidence of a crime in your car, they can conduct a search without a warrant. To protect yourself later, remind the officer that you (and your passengers) do not consent to a search. If drugs or weapons are found during the search, the police may confiscate them.

The First Amendment protects your freedom of religion, speech, press, assembly, and petition. However, in some instances, law enforcement has the right to restrict what, when, where, and how you exercise those freedoms.

The right to express your opinions without governmental interference is an ideal that dates back to ancient Greece. Freedom of speech, as outlined in the 1st Amendment (Religion and Expression), is a fundamental pillar of the Constitution and protects all forms of communication, including art, music, and other media. While free speech is a guaranteed right, it is not absolute.

The Constitution does not specify the constraints of free speech, leaving the courts to define what types of speech should and should not be protected. Some forms of speech are not always protected by the 1st Amendment (Religion and Expression), including:

Incitement

Incitement involves encouraging another person or groups of people to commit a crime. For example, telling a group of fellow protestors to break into a building or vandalize a car.

Defamation

Defamation describes the act of injuring another person’s reputation by making false claims — it may take the form of libel (written statements) or slander (spoken statements). For example, creating and speaking harmful lies about something.

Fraud

Fraud involves using intentional deception for personal gain. For example, convincing someone to give you their credit card information.

Obscenity

Obscenity can be challenging to define, but typically describes the act of using lewd or patently offensive language or images (including child pornography). This is decided by the individual court and/or case and will vary constantly.

Fighting Words

Fighting words are phrases that indicate a willingness to fight or challenge a person or group of people. Aggressive vocabulary that directly promotes violence is not protected under your freedom of speech.

Threats

Threats involve declaring the intent to harm another person or group of people. Similar to “Fighting Words” — promoting violence against others is not protected under your freedom of speech.

The examples above illustrate instances in which law enforcement can limit what you say. In other instances, the police can limit when, where, and how you say it. For example, law enforcement has the right to prohibit protests during specific times of the day or in specific areas of the community. Check with your local government to understand your regulations on protesting and activism to make sure you are not in violation of local laws.

The 14th Amendment protects you from discrimination based on race, gender, religion, sexual orientation, or disability. Originally introduced to challenge racial discrimation toward Black people, this amendment has since been used to ensure equality by every measure.

Overview

The 14th Amendment (Equal Protection) applies in all circumstances, including at work and in school. The police are responsible for maintaining equal protection for all people during their enforcement of the law.

The 14th Amendment (Equal Protection) is particularly useful in preventing police profiling. Police profiling is the discriminatory practice by law enforcement of targeting individuals on the basis of predetermined characteristics (like race or religion). An example of police profiling is the use of race to determine which drivers to stop for minor traffic violations. At a large scale, police profiling can result in excessive policing of minority communities.

If you believe that your rights have been violated, document as much information as you can—photos and videos can be particularly useful in a court of law. Take note of the officers’ badge and patrol car numbers, photograph any injuries, and connect with other witnesses. After you’ve collected this information, you can file a complaint with the agency in question or pursue charges.