Know your rights: quick reference
The situations that come up again and again in our footage, and what generally applies in each. Pick a scenario.
Not legal advice. This is general information about U.S. law. Rules vary by state and city and change over time. For your situation, talk to a licensed attorney where you live.
Traffic stop
- Pull over somewhere safe, turn off the engine, and at night turn on the interior light.
- Keep your hands where the officer can see them, ideally on the wheel.
- Have your license, registration and proof of insurance ready. States generally require drivers to produce a license when an officer lawfully asks.
- Officers may order a driver out of the car during a lawful stop (Pennsylvania v. Mimms).
- You can generally decline consent to a search. Say it calmly, but don't physically resist. Police may still search if they have another legal basis.
- When it seems finished, ask: "Am I free to go?"
In the footage: Peoria traffic stop shows an argument over showing vs. handing over a license.
Stopped on foot
- Ask clearly: "Am I being detained, or am I free to go?"
- A detention is a brief stop based on reasonable suspicion (Terry v. Ohio). It is not the same as an arrest.
- Some states require you to give your name during a lawful stop (Hiibel). Others don't. Stating your name is not always the same as showing an ID card.
- Beyond what your state requires, you can generally say you wish to remain silent.
- Don't run, pull away or physically resist, even if you think the stop is unlawful. That can lead to separate charges.
- Remember badge numbers and details, and challenge the stop later.
In the footage: Buffalo Grove parking lot is built around "Am I being detained?"
Asked to leave
- The person who controls a property, like an owner, manager or authorized staff, can generally tell you to leave.
- Police often deliver a trespass warning for the property owner. After that, staying or returning can lead to a criminal trespass charge, depending on state law.
- Leaving and disputing it later is almost always the safer move.
- Ask how long the warning lasts and who issued it. Ask for it in writing if possible.
- Public property is more complicated. Governments can restrict access in some situations, but within constitutional limits.
In the footage: When Refusing to Leave Goes Wrong, Marion, IL.
Recording police
- Many U.S. courts have recognized a right to record police doing their jobs in public.
- Keep a reasonable distance and don't interfere with what officers are doing.
- Follow lawful orders, like an order to step back, and keep recording if you can.
- Rules on recording audio and on how close you can be vary by state and city.
- Officers generally aren't allowed to delete your footage. If your phone is taken, note who took it and when.
Bodycam footage itself is often obtainable later through public-records requests.
If you're arrested
- Don't resist, even if you believe the arrest is wrong.
- Say clearly that you want to remain silent and that you want a lawyer. Then stop talking about the incident.
- Don't consent to searches. Don't argue the case at the scene.
- If handcuffs are too tight or you're hurt, say so calmly. In our Buffalo Grove footage, an officer agrees to adjust the cuffs once the man settles down.
- Charges are not convictions. Guilt is decided in court.
In the footage: the end of the Buffalo Grove video shows a handcuff adjustment request.
Police at your door
- You generally don't have to open the door unless officers have a warrant or there's an emergency.
- You can talk through the closed door and ask whether they have a warrant.
- If they say they do, you can ask them to show it through a window or slide it under the door.
- Opening the door and stepping outside can change the situation. Saying "I don't consent to a search" matters.
- If officers come in anyway, don't physically resist. Challenge it later.
In the footage: one of our case files from Crystal Lake, IL (File 024) involves officers serving a search warrant.
Record your own encounters
Dashcams, body cameras, phone mounts and know-your-rights reading, sorted by what to look for.
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