FAQ: If You Are Questioned by the Police

If You Are Questioned by the Police
If a police officer wants to stop and question you, whether or not you must comply depends on the circumstances and the reasons the officer has for questioning you. This section explores some of the common questions people have about their rights and responsibilities when approached by a law enforcement officer.
If an officer wants to stop me while I'm walking on the street and I know I've done nothing wrong, should I comply?
A police officer may interfere with your freedom of movement only if he has observed unusual activity suggesting that criminal activity is afoot and that you are involved. Even if the officer is mistaken, however, you do not have the right to keep walking. As long as the officer has a good faith belief in your connection to criminal activity, he is allowed to detain you. Stopping you is one thing, however. It doesn't mean that you must answer all of his questions. (See below.)
If You Run Away
It is not unusual for people who are approached by the police to run away. Some courts have recognized that people of color, in particular, have a well-founded fear of unfair treatment at the hands of the police, and that many people will avoid contact with the police not because they are guilty of a crime, but because they reasonably believe that they may be mistreated or unjustly accused. Other courts view evasive behavior as evidence of guilt, however, and allow the police to rely on it as grounds for a detention.
If I am legally stopped by a police officer on the street, can he search me?
Yes and no. A police officer is permitted to briefly frisk your outer clothing for weapons if the officer reasonably fears for his safety. If a frisk is later challenged in court as being unreasonable, a judge will usually uphold it.
A frisk is different than a search in that a search may be conducted for evidence of a crime or contraband (an illegal item), and may be much more intrusive than a frisk. An officer who frisks you may not search you unless he has good cause to believe that you committed a crime or that you're hiding an illegal item. (See Searches and Seizures, below.)
Can a frisk turn into a full-blown search?
When frisking a person for weapons, the police are attuned not only to the feel of possible weapons under clothing, but also to the feel of packaged drugs. Although a frisk may not turn up a weapon, it may turn up a suspicious package which the officer knows is commonly used to carry illegal drugs or some other illegal substance. This suspicion may turn into sufficient cause for a more intensive search of the person's clothing. The lesson here is that a frisk often leads to a legal search. And if a search produces an illegal substance, it may result in an arrest.
If I am questioned by a police officer after being stopped on the street, do I have to respond to the questions?
The general rule is that you don't have to answer any questions that the police ask you. This rule comes from the Fifth Amendment to the U.S. Constitution, which protects you against self-incrimination. As with all rules, however, there is an exception. Many local and state governments have anti-loitering laws that require people to account for their presence if the police have a reasonable suspicion that they are loitering. Once the police have asked all of their questions about loitering, however, you don't have to answer any others -- such as questions about a crime in the neighborhood.
A defense lawyer's most sacred piece of advice is this: Don't talk to the police about a crime unless you clearly weren't involved and you want to help the police solve it.
Taken from: NOLO Law for All

~i always thought that a "terry pat" was for weapons only to insure the police officers safety while questioning someone.
i remember reading an article awhile back about how a man was stopped by police and they frisked him and found a balled up baggie of cocaine in his pocket and later in court the possesion charges were dropped because the balled up baggie of cocaine wasnt a weapon and the cop couldnt say he thought it was a weapon.
i will try to to dig up the link and post it but i always thought that 'casual frisks' were a -weapons only- type of thing and that a cop would need more evidence(other than suspicious packages) for actually searching a person.
peace
bluE

blue, good question....I had the very same question and just posted it in the Seach and Seizure FAQ thread before reading this. I think this is cleary an issue that needs more elaboration.

The so called "Terry stop" (Terry v Ohio), is supposed to be for weapons only, however this is gradully being erroded. The state of the law as I understand it is......If during a Terry frisk a cop discovers some suspicious bulge not a weapon, he is permitted further search if "The totality of circumstances" combined with the suspicious bulge are sufficient to ammount to probable cause.
Another way to state this is to say that the cop must objectively percieve other evidence, independant of search which can be combined with the bulge to support probable cause.
BTW dakeva, great job on all these FAQ's, lots of great info!!!

So, here's a scenario:
You are walking along in public and a cop asks you to stop. If he does not have any reasonable basis to suspect you are engaged in illegal activity, you can just keep walking and ignore him. Since you don't know what the cop is thinking, rather than keep walking, a safer approach might be to turn to him and ask, "Do you have a reasonable suspicion that I am engaged in criminal activity?" If he says no, you can say goodbye and walk away.
Now, if he says he does have a reasonable suspicion, then he has the right to stop you and question you related to that suspicion. But first he can make sure you aren't about to attack him with a weapon by doing a Terry pat, patting down the outside of your clothing looking for anything that feels like a weapon.
Now, during this process, he may feel something like celephane or a baggie or something. Depending on what other circumstances he can articulate (the time of day, the location, the way you were acting before he stopped you, a smell) he may reasonably suspect (lesser standard) he has found drugs. Or he may have probable cause (higher standard) to think he has found drugs.
There are now three things the cop can do related to what he suspects is drugs:
1. Ask you if he can look at what he feels. ("Can I take out what's in this pocket?")
2. Ask you questions about what he feels. ("What's in this pocket?")
3. Reach in and take what's in your pocket.
If he asks to look at it, say NO. He needs probable cause to pull it out himself, but if you say yes, you have given CONSENT and he no longer needs probable cause, or even a reasonable suspicion.
If he asks you questions about it, you do not have to answer UNLESS the cop has a reasonable suspicion that it is contraband. So if he asks what it is, you can say, "Do you reasonably suspect it is contraband? If not, I choose not to answer." This is probably a dumb question, though, since any cop will have reasonable suspicion at this point, but opinions may differ. The goal of the cops questions are to build up probable cause so he can reach in and take it out if you refuse consent. If you stammer and can't answer, or say it is something totally different than what it feels like (or just highly improbable), that may be enough to change reasonable suspicion to probable cause. So think of a reasonable alternative. Or carry your contraband in something that is less suspicious, like a pack of cigarettes or box of matches rather than a wadded celephane baggie.
When the cop starts asking you questions, I think a good move would be to say, "If you are going to arrest me, I want to talk to a lawyer" as your very first comment. If the cop says he is not, but he just wants to ask you some questions, then he is pretty much admitting he has no probable cause. If the cop now questions you further on the bulge and eventually decides it is contraband and pulls it out and arrests you, you can argue his questioning of you after you asked for a cop was a miranda violation. Not a slam dunk, but it is something.
Now, at any time during all this, and even if you refuse consent, the cop may reach in and pull out the contraband. To do this, he needs probable cause (remember, this is only for NON weapons--the cop can pull out anything he reasonable suspects is a weapon without probable cause.) Later in court, you can argue the cop did not have probable cause.
So, a cop can always ASK you to stop and answer questions. If you do so, you are giving CONSENT.
A cop needs REASONABLE SUSPICION that you are engaged in criminal activity to insist that you stop and answer questions. He can then pat you down to ensure his safety and reach into your clothing to remove any items he REASONABLE SUSPECTS could be weapons.
From the pat down, the cop may feel items that do not feel like weapons. He can ask you what they are, but you don't have to answer unless he has a REASONABLE SUSPICION they are contraband or related to criminal activity. The cop can ask you to let him take these items out of your pocket, but you should say NO because saying yes gives CONSENT. Without this consent, the cop will need PROBABLE CAUSE to think these items are illegal in order to reach in and pull them out.
Lastly, whenever a cop insists on questioning you, it is always best to start out by saying, "If you intend to arrest me, I want to speak to a lawyer." To elaborate on this, once you are arrested, cops have to tell you about your miranda rights BEFORE any further questioning of you and, if you ask for a lawyer, they cannot question you any further at all until you see a lawyer. Obviously, cops have realized that if they want to arrest some one, but want to question them as long as possible without a lawyer or Miranda rights getting in the way, they DELAY the arrest by acting as if they are still unsure of your guilt and are just investigating the facts. If you convince the judge that this is what happened and the cop knew earlier that he was going to arrest you, then the judge can rule that your Miranda rights kicked in before you were arrested, back when the cop knew or should have known he intended to arrest you, and all subsequent questioning was a Miranda violation. I've never seen this argument made, so I could be wrong about its effectiveness, but I still can't see any down side to saying, "If you are going to arrest me, I want to speak to a lawyer" as soon as a cop insists on questioning you.
~psychoblast~
p.s. Sorry this isn't better organized.

Terry Pats:
If the cop can, with an OPEN-HANDED light padding technique tell that what is in you pocket is CONTRABAND (weapon, pipe, etc.) it's fair evidence. Cases around this usually get kind of sketchy--the courtroom scenario will oftencenter around what kind of padding technique was used (if (s)he had to clamp his/her hand around it to see what it was, it's non-evidence).

The whole open hand versus closed hand distinction in pat downs has gotten so fuzzy that I don't think you can make a hard and fast rule on that. The trend in court cases is to look at the totality of circumstances to justify the search.
Most of the time courts are allowing evidence from pat downs in if the cop can articulate some other grounds, that when coupled with the pat down justify further search.

I've seen this on the NORML website, and this is the most appropriate place I've ever seen to share it....
If you EVER have anything in your car, or on your person, that may not be in accordance with the law then you should click on the following link.
How to respond if you're stopped by the police - from NORML

~a part of me wants to believe that i can ask if im free to go or if i can talk to my lawyer and it would actually do anything, but to piss off some cop that already hates his job where he makes less money than me and has to take on security jobs on the side for extra cash is probably not a good idea.
at the bottom of the NORML comic it said that 88% of 2000's arrests were for possesion only. now, how much money do you think those fines added up to altogether? how much of your city's police dept. budget is counted on those possesion charges?
peace
bluE

bluE-- NORML is run by a bunch of lawyers in Washington DC, and they do know what they are talking about.
As long as you're courteous, they can't force you to give up your rights as an American citizen. All that NORML piece is doing is showing you how to correctly exercise your rights so as not to get into trouble or any further trouble.
As far as the 88% thing goes, I'd say that pretty much mirrors the percentage of people who only use, as opposed to the 10-15 percent who actually "traffic" it. I'm not talkin about the hypothetical splitting up an ounce with friends, but actually selling a lot.
peace,
SR

~im not saying that NORML doesnt know what they're talking about...i've been hanging around that site for awhile now and there is a good amount of info there.
what im saying is that if a cop stops you and you immediatley ask for a lawyer or if you're free to go or give them any other kind of hassle it would be for the worse. i'd say that knowing your rights for a search and seizure would come in handy more than: "am i free to go?"
i just wouldnt want people who tend to find themselves in bad situations to think that "i want my lawyer" will save them.
peace
bluE

That makes sense, bro.
No piece is the "end all, be all" instructions on what to do if one finds themselves in a bad situation. But that little cartoon certainly gives pretty good advice, and nothing that should further endanger a fellow partier....
SR

I have been trying to find out information on the state of play in the UK so I though I'd post a few of the refrances I've found.

The police and drugs
What are the powers of the police?
The Police and Criminal Evidence Act 1984 (PACE) determines:
Police powers to stop, search and arrest
Conditions of detention in police stations
Codes of practice governing treatment of prisoners
If the police suspect someone of possessing illegal drugs, importation or production, they have the power to:
Stop them.
Ask questions in order to determine whether grounds exist for a search.
What searches can police do?
A search without consent may only be carried out by the police on grounds of 'reasonable suspicion', such as furtive (suspicious) behaviour or a tip-off that the person in question has caused an offence. If so, the police must:
Identify themselves, giving their names and police station
Identify grounds for suspicion
Explain exactly what they.re looking for
Inform the suspect that they will be able to see a copy of the record of the search within a year
A public search should only consist of a basic inspection of outer clothing. More intimate searches should be done by an officer of the same sex. Under the Misuse of Drugs Act, police may take a suspect to the station without a formal arrest in order to conduct a more detailed search. Intimate searches of body orifices must be conducted by a doctor or nurse in a hospital of clinic, but only under written authority by a police superintendent who suspects a Class A drug (such as heroin or cocaine) has been concealed.
What about searching premises?
With consent from the occupier (or a warrant), police can enter and search premises at any reasonable time. Once police have been invited onto the premises (even for an unrelated matter), a drugs search can be undertaken if they have grounds for suspicion. Occupiers of a premise under search have a right to see a warrant, or a written outline of their rights. Without consent, however, police can enter and search a premises:
following an arrest for an arrestable offence
to arrest someone for a serious offence that is visibly taking place at the time (i.e. drug-taking)
if further delay may enable a suspect to dispose of evidence (i.e. illegal drugs)
to execute a warrant for arrest
to recapture a suspect at large
to prevent a breach of the peace or if the premises are in the immediate vicinity of a seriously arrestable offence..
Any evidence arising from such searches is admissible in court
What happens if you're caught?
If the police have reason to suspect you're carrying an illegal drug they have the right to make you turn out your pockets. They can also take you to the police station and search you. If drugs are found, you could be charged with one of two offences:
Charge 1: Possession
Being caught with an illegal drug for your own use - whether it is (or has been) in your pocket, your bag, your house or car - whatever! You can also be charged with this offence if the police find the drug somewhere else (i.e. in a locker) and can prove that you controlled its whereabouts.
If you're under 17, the police can also tell your parent/s or carer, and inform the Social Services and the Probation Service. Depending on the circumstances of your case, and local prosecution policy, the police then have these options for punishment:
A formal warning (which is put on local police files. If you offend again this may influence the police to charge you, rather than caution you).
A formal cautions (a central police record held for 5 years. If you offend again, his can be used against you).
Charge you with an offence leading to a Youth Court hearing. (This is more likely for repeat offenders, who may end up with a fine or a custodial sentence).
You can be cautioned more than once, but if you keep getting caught, you.ll go to court.
Charge 2: Possession with intent to supply drugs
Things get much heavier if you.re caught supplying drugs to others, or even if the police suspect the drugs weren.t just for you. If you had any intention of dealing, (which can include giving and sharing drugs) you may be charged with this more serious offence. Decisions over whether you.re charged with intent to supply are based on the circumstances in which you were caught and the quantity of drugs you were caught with.
The police can take the same courses of action as in simple possession cases, but this time you.re more likely to be charged. If your case goes to court the penalties are likely to be heavier.
Be aware that the charge of intent to supply is wide-ranging. It's not just heavy-duty smuggling cases that count. You can be done for carrying a couple of tabs for a mate, or a lump of dope split into smaller quantities, even passing a spliff to someone.
What to do if you're caught:
Give your name and address when asked, but if you're in any doubt about any further questions then get a solicitor. You won't lose any rights, and nor will it cost anything.
The police will provide you with a list of independent solicitors. You can pick one and call them. They may advise you over the phone, or visit you in person.
In the police station you have the right to:
be treated with respect.
be treated humanely.
know why you've been arrested.
speak to the custody officer.
have someone notified of your arrest.
consult with a solicitor privately.
Link

Stop and search
There are many reasons why the police conduct personal searches...they may suspect you are guilty of committing an offence, or have been warned of a threat in the area and are searching everyone. Even so, you still have basic rights:
If the police search you...
The police power of stop and search was first introduced back in 1984 to help combat crime. They should only stop you to search you if they have good reason to suspect you are carrying:
Drugs
Weapons
Stolen property
Tools that could be used to commit a crime, e.g. to break into someone's house
Your rights:
If you are stopped and searched it doesn't mean you have done something wrong. But a police officer must have a good reason for searching you and should tell you what this is. They should not stop or search you simply because of your age, colour, hairstyle, the way you dress, or because you have committed a crime in the past.
Before they search you, the police officer must tell you:
Their name
Which police station they work at
Why they chose you
What they are looking for.
If the officer is not in uniform, they must show you their identity card.
If you are in a public place, they can only ask you to take off your outer clothing (e.g. coat). If the officer asks you to take off more than that, they must take you somewhere private such as a police station or van. In this case, the officer who searches you must be the same sex as you.
If the police search you illegally, they are committing an assault. But if they have good reason, and you refuse, you may be charged with obstruction.
The police should normally give you a copy of what they have written down there and then, unless this is not practical. Or you can get a copy from the police station within 12 months.
Special powers:
Under the Criminal Justice and Public Order Act 1994, if it is reasonably believed that serious violent incidents are about to take place, a uniformed policeman may stop and search anyone or any vehicle in that area for offensive weapons or dangerous instruments over 24 hours. Any such articles may be seized. However these searches can only be conducted if a senior police officer has given written authority.
Link

Click to expand...

Click to expand...

I had cops come to my dorm room once when we were smokin/drinkin and they knocked on my door, took everyone out, and then asked me if they could search my room. I said:
"If you are asking me for my permission, and I have the right to say no, then I say no."
He asked again, "can't I just go in a have a quick peek around?"
Again I said the same thing, next he said "have a nice night, stay out of trouble" and left. Just my experience for all to see.

Another great site with a basic summary of police procedures during a traffic stop is
www.flexyourrights.org

Please put the following information in...
this relate to Australian laws.
Or should we have a seperate faq for Australia?
Name and Address
You must give your correct name and address if asked by the police. The police will ask for these details because they believe:
you have broken the law,
you are about to break the law, or
you are able to assist them with information about an indictable or serious offence.
The police do not have a right to demand your name and address for no reason.
The police must tell you the reasons for their belief. If they do not give them, you should ask for their reasons.
The police must also tell you their name, identification number, police station and rank. They are required to give you this information in writing, if you ask. These details may be useful later. The police can be fined for not giving you these details. You must make a complaint for this to happen. A lawyer can help you do this.
You must also give your correct name and address to the police:
if you are driving a car, motor bike, boat or push bike.
You must give your correct name and address to a public transport officer:
if you are on the tram, train, bus or on public transport property.
Remember, police can also ask for your name and address, if you are in a hotel or licensed premises. Remember, staff can also ask for your age.
It is a criminal offence to refuse to give your name and address, or to give false details to police or public transport officers, and you can be fined up to $500 for these offences by a court.
The police can also be fined for not giving you their details. For this to happen, you would have to make a complaint. A lawyer can help you do this.
If you are under 17 there are special rules about police questioning. For more information see Police Questioning in the "Youth" section of this site.

Searching
Searching the person
There are three types of searches:

Pat down search - police use their hands to feel over the outside of your clothes. The police may also ask you to empty your pockets or remove outer clothing such as jackets or hats. Pat-down searches can be done in public or private places.

Strip search - removal and search of all clothing. These searches must occur in a private place, usually at a police station.

Internal body search - medical examination. Only doctors can carry out internal body searches. The doctor must be the same sex as the person being searched. The police can request an internal body search. You have the right to refuse this. If you refuse, the police must then get permission from the court to go ahead with the search.
In all cases, women must be searched by women police officers, and men by male police officers.

Searching in a public place
Police have the right to search you at any time in a public place if they believe
you may be carrying: illegal drugs, stolen goods or firearms.
The search can be done in any public place including a shop, at the train station, on public transport, in a hospital or welfare centre. The police can only search you at school if the principal agrees.
If the police search you, they can also search anything you are carrying, and the car you are travelling in.

Searching cars
The police can search your car at any time, even if you are not in it, if they believe you are carrying:
illegal drugs,
stolen goods,
firearms,
offensive weapons including knives, imitation guns, martial arts weapons such as knuckle-dusters and nunchakus.
The police must tell you the reason for their search.

Searching private property
Police usually need a search warrant to enter and search private property, such as your home. However, the police may enter private property without a search warrant:
if you agree to the police coming in,
if the police have a reasonable belief that a serious offence is, or has been, committed and entry is necessary to make an arrest,
to stop a breach of the peace, for example, fights,
if there has been a breach of an intervention order,
if the police are chasing someone who has escaped from prison or police custody,
if the police have a warrant to arrest someone,
if the police have a reasonable belief that there are illegal drugs on the premises.
Searching while in police custody
The police can search you if you are in custody or under arrest:
if they believe you are carrying a weapon, or
to take things from you that could be used as evidence for the offence they have arrested you for.
The police can also search you if they have a warrant that says they can.
This is taken from the victorian legal aid website.

here's my question, if your carryin drugs say in an eyeglasses case and you get patted down, would the cops have enough probable cause to suspect drugs in the case, or what if say you take the case out to show that it is NOT a weapon, then do the po have the right to ask you to open the case or not?
thankx
my question is generic bout carryin stuff not in baggies...
[ 01 September 2002: Message edited by: -R- ]

In most states if the cop does a Terry Pat (see above) and it is plainly obvious, that what he feels is contraband, he can remove the item and it can be used against you. This is known as the "plain feel" exception.
As pointed out above, the cases are sketchy. What exactly a cop can feel and know that its contraband, really depends on the court and stae.
NOTE: New York, I am pretty sure is an exception to this rule. In NY if it doesnt feel like a weapon the NY constitution (as interpreted by the Court of Appeals) prevents the courts from admitting into evidence items that do not feel like weapons.
Again, all this goes out the window if there is probable cause to search.

Bump!

We've been getting a lot of questions lately about what to do and say if one is stopped by the police, so I thought this FAQ by Dakeva deserved a good bump...

review and commit to memory.

Hi all, i think i mentioned previously in the Legal Q&A somewhere that there sould be a seperate section for different countries if not states. All crimes acts and laws are different. Always check what is accurate for where you live. State your location (state&country) when asking a question to get an accurate answer.

Frisk im also in Aus. There is nothing to say the police must privide their number, only their name station and rank and not in writing (you can write it down as they say it if you want). Also, young person may be different in different states. NSW - 10 and under there is no criminal liability. between 10 - 14 the police have to prove that the young person knew what they did was criminal, not just wrong. In NSW it is 16 and under that the spectial rules with questioning juveniles apply. They must have a guardian, support person or other appointed responsible person present.

police also have the power to enter a private premesis to arrest someone they are chasing who has committed an offence (regardless if they are an escapee)

Also the law recently changed in NSW, even if you are only a passenger in a vehicle, you are required to supply police with your details, the driver is also obliged to provide this information when asked and vice versa, a passenger must also provide details of the driver.