By Diana Moreno
Know your rights
You’ll never forget your first sighting of Turlington preachers dooming unsaved souls to the fiery pits of hell, or the herds of college students stumbling down University Avenue at 2am on a Saturday night.
But during your stay here, you are also prone to have an experience of a different sort. Whether it’s getting pulled over for speeding on campus (yes, 20 mph speed limit campus-wide means 20 mph speed limit campus-wide), hearing that dreaded knock on the door of a wild house party or dealing with the depressing task of having to report your bike stolen, the chances of facing law enforcement in the form of the Gainesville Police Department (GPD) or the University of Florida Police Department (UPD) are very likely.
You never expect to see those red and blue lights flashing in your rear-view mirror, let alone feel the sting of cold metal around your wrists, but the chances of a night of dollar High Lifes at Mothers turning sour is always present.
So how can you prepare yourself for an encounter with the police? Know your rights.
After the jump, you’ll find some basic guidelines on what to do when facing a police officer. The information is based on the video “Busted” from Flexyourrights.com and from the American Civil Liberties Union’s “Know Your Rights When Encountering Law Enforcement.” Of course, this is not meant to substitute the legal advice you should seek if entangled in a legal dilemma, but a little education might just help you avoid ending up on gainesvillemugs.com.
When Being Questioned
- Remember your Miranda Rights (the latest Supreme Court ruling on the matter no longer requires officers to read them to you). You have the constitutional right to remain silent, anything you say can be used against you or others in a court of law.
- You have the right to talk to a lawyer before you answer questions, whether or not the police tell you about that right. The lawyer’s job is to protect your rights.
- You can’t be punished for refusing to answer a question. In general, only a judge can order you to answer questions. There are two limited exceptions:
- You must provide your name to law enforcement officers if you are stopped and told to identify yourself.
- If you are driving and get pulled over for a traffic violation, the officer can require you to show your license, vehicle registration and proof of insurance.
- Lying to a government official is a crime, but remaining silent until you consult with a lawyer is not.
- Cops are legally allowed to lie in order to get you to admit to a crime (“Just tell me where the drugs are, and I will let you go with a warning…”) Do not believe them. Remember, their job is not to protect you but to uphold the law.
When Being Stopped
- Drop the attitude. If you have a distaste for cops or think that you’re being stopped for unfair reasons, this is not the time to express your feelings. For your own sake, always address an officer in a polite and calm manner.
- Identify yourself if asked to do so, after that you can ask if you are free to go. If the answer is yes, you can consider just walking away calmly.
- Never run from an officer. If the officer says you are not under arrest, but you are not free to go, then you are being detained. Being detained is not the same as being arrested, though an arrest could follow.
- The police can pat down the outside of your clothing only if they have “reasonable suspicion” (an objective reason to suspect) that you might be armed and dangerous. If they search any more than this, say clearly, “I do not consent to a search.” If they keep searching anyway, do not physically resist them.
- If you are stopped in your car, keep your hands where the police can see them.
- Officers can also ask you to step outside of the car, and they may separate passengers and drivers from each other to question them and compare their answers, but no one has to answer any questions, after having identified themselves.
- The police cannot search your car unless you give them your consent, which you do not have to give, or unless they have “probable cause” to believe (knowledge of facts sufficient to support a reasonable belief) that criminal activity is likely taking place, that you have been involved in a crime, or that you have evidence of a crime in your car.
- The officer cannot use your refusal to give consent as a basis for doing a search.
When Being Arrested
- Ask to see a lawyer immediately.
- Within a reasonable amount of time after your arrest or booking you have the right to a phone call. Law enforcement officers may not listen to a call you make to your lawyer, but they can listen to calls you make to other people.
- You must be taken before a judge as soon as possible — generally within 48 hours of your arrest at the latest.
- You do not have to answer any questions or volunteer any information. Repeat your request for a lawyer to every officer who tries to talk to or question you. You should always talk to a lawyer before you decide to answer any questions.
If You’ve Been Abused
- If you feel you’ve been treated badly by a police officer, write down the officer’s badge number, name and other identifying information. You have a right to ask the officer for this information, but never let them know that you are going to use it to make a complaint.
- Try to find witnesses and their names and phone numbers.
- If you are injured, seek medical attention and take pictures of the injuries as soon as you can. Call a lawyer or contact your local ACLU office.
- You should also make a complaint to the law enforcement office responsible for the treatment.
