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Knowledge

Know Your Rights

What to say — and not say — in the first few minutes of a police encounter, the moment a large share of documented wrongful convictions trace back to.

Guide

A large share of documented wrongful convictions trace back to what happened in the first few minutes of a police encounter — before a lawyer was ever in the room. These rights apply to everyone in the United States, in every state, regardless of immigration or citizenship status.

  • You have the right to remain silent, and the right to an attorney. Say it out loud — clearly and calmly: "I am going to remain silent. I want a lawyer." Once you've invoked these rights, officers are required to stop questioning until counsel is present. Simply staying quiet is not always enough; stating it removes any ambiguity.
  • You can refuse a search of your person, car, or home. Without a warrant, your consent, or an emergency the law recognizes, officers generally cannot search you or your property. Say "I do not consent to a search" clearly — you can say this even if they search anyway; it preserves the issue for later. Do not physically resist.
  • If you're not under arrest, you can ask "Am I free to leave?" If the answer is yes, you may calmly walk away. If the answer is no, you are being detained or arrested, and the rights above still apply.
  • You have the right to record police in public. Recording officers performing their duties in a public place is constitutionally protected in every state, as long as you don't physically interfere with their activity.
  • These rights do not depend on immigration or citizenship status. Everyone physically present in the U.S. — citizen or not — has the right to remain silent and the right to refuse to sign anything without speaking to a lawyer first.

The ACLU's Know Your Rights hub covers police encounters, protests, immigration status, and more, and routes to each state ACLU affiliate's own guidance — many publish free, printable, foldable "Know Your Rights" cards in multiple languages sized to keep in a wallet.

This is general public education, not legal advice, and it is not a substitute for talking to a lawyer about a specific situation. If you or someone you know is currently involved in a police encounter or facing charges, contact an attorney or a public defender's office as soon as possible.

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General Public, Families

This resource has not yet been reviewed for currency. This is general information and research, not legal advice, and Xonorate is not a law firm.

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