| Your Rights |
| 4. Determining if you can leave: You may terminate an encoutner with an officer unless you are being arrested or detained under police coustody. If you can't tell if you can leave you can ask an officer, "Am I under arrest or otherwise detained?" If the answer is no you may leave. An officer can temporaliy detain you without arresting you if he has "resonable suspicion" that you are invloved in criminal activity. An officer must be able at a later time articulate to a judge objective facts that would have caused a resonable person to suspect that you were involved in criminal activity at the point you were detained. Also an officer must perform a "pat down" or "frisk" on you during the detention if he has resonable suspicion that you are armed. However an officer may only reach into your pockets if he pats something that feels like an weapon. When an officer attempts to contact you or question you, you should politly say: "I do not consent to this contact and I do not want to answer any questions. If I am not under arrest I would like to go now (or be left alone)" If arrested you should again refuse a search of any kind, and refuse to answer any questions. At this point you should insist on speaking to an attorney as soon as possible. 5. Do Not Be Hostile; Do Noy Physically Resist: There are time when individuals politley assert their rights and refuse to censent to a search but the officers nonetheless proceed, to deatin, search, or arrest them. In sucj cases it is important not to physically resist. Rather, you should reassert rights as outlined on page 1, section 2. 6. Informing On Others: The police and prosecutors often try to pressure individuals onto providing information that would lead to the arrest and conviction of others. Threats and promises by police and prosecutors should be viewed with caution and skepticism. Decisions should be made only after consulting with an experienced criminal defense attorney and examing one's own consience. Finally consider downloading and carrying NORML'S Freedom Card A quick refernce guide to your rights and obligations when you are stopped by police. Get your freedom card here |
| I got all this information of the NORML web page. This is not legal advice and if you are in trouble you should contact a lawyer. |