Nadine Strossen,
Executive Director
ACLU
IF YOU'RE ARRESTED OR TAKEN TO A POLICE STATION
- You have the right to remain silent and to talk to a lawyer before you talk to the police.
- Tell the police nothing except your name and address. Don't give any explanations, excuses or stories. You can make your defense later, in court, based
on what you and your lawyer decide is best.
Ask to see a lawyer immediately. If you can't pay for a lawyer, you
have a right to a free one, and should ask the police how the lawyer
can be contacted.
Don't say anything without a lawyer
- Within
a reasonable time after your arrest, or booking, you have the right
to make a local phone call: to a lawyer, bail bondsman, a relative
or any other person. The police may not listen to the call to the
lawyer.
Sometimes you can be released without bail, or have bail lowered. Have your
lawyer ask the judge about this possibility. You must be taken before
the judge on the next court day after arrest.
- Do not make any decisions in your case until you have talked with a lawyer.
IN YOUR HOME
- If the police knock
and ask to enter your home, you don't have to admit them unless
they have a warrant signed by a judge.
- However, in some
emergency situations (like when a person is screaming for help
inside, or when the police are chasing someone) officers are allowed
to enter and search your home without a warrant.
- If you are arrested,
the police can search you and the area close by. If you are in
a building, "close by" usually means just the room you are in.
We all recognize the need for effective law enforcement, but
we should also understand our own rights and responsibilities. Everyone,
including minors, has the right to courteous and respectful police
treatment. If your rights are violated, don't try to deal with the
situation at the scene. You can discuss the matter with an attorney
afterwards, or file a complaint with the Internal Affairs or Civilian
Complaint Board.
Produced by the American Civil Liberties Union.
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