Understand Your Rights

Stopped by the Police?

The police can stop you if they have reasonable suspicion that criminal activity is occurring. If you are stopped because the police have reasonable suspicion of criminal activity, they can detain you only for a short period of time while they try to figure out whether or not there is criminal activity.


In that situation, the police “may demand the name and address of the person and an explanation of his actions.” This law traces directly back to a 1968 U.S. Supreme Court case that said while the police need “probable cause” to arrest you, they can stop you if they have a “reasonable suspicion of criminal activity, based on articulable facts.” That’s now known as a “Terry stop,” immortalizing John Terry, who lost his argument that the brief stop that revealed a “fully loaded automatic” violated his Fourth Amendment right “to be free . . . against unreasonable searches and seizures.” So, if a police officer “reasonably infers from the circumstances” that you’re committing, about to commit, or have committed some crime, you can be stopped in a public place. The police can then ask you your name and address. According to a recent U.S. Supreme Court case, you only have to give your name.


Searched by the Police?

You have the right to refuse a search of your body, your car or your house unless you are already under arrest or the police have a warrant. If the police say that they have a warrant, you should ask to see it. The warrant should specifically describe what the police can do.

Remember that the police never need a warrant to search or seize something in plain view.

Your Body

If you are temporarily detained by the police but not under arrest, they may pat you down to check for weapons. During a temporary stop, the police may do a pat down only if they have reason to believe that you are "dangerous". The police are not allowed to put their hands in your pockets unless they think you have a weapon. They do not need a warrant to search your pockets if you are lawfully stopped and something feels like a weapon during the pat-down, or if they saw you put a weapon in your pocket. However, if the police are looking for a weapon and find something else incriminating in your pocket, they can still use it against you. If you are under arrest, the police may search your entire body.

Your Car

Police do not need a warrant to search your car.

To protect yourself later, you should make it clear that you do not consent to a search by repeating, "I do not consent to a search". You should always try to remember a police officer's name, and if possible, their badge number. If you are arrested, the police can do an "inventory search" of your car after you are arrested. This means that they can search the entire car.

If you are stopped on reasonable suspicion of criminal activity, the police can search within your arm's reach. This means they can search anywhere in the passenger compartment for weapons. If the police have probable cause to believe that something involved in a crime is in a specific place in your car, then they can search that specific place even if you are not under arrest. However, they are not allowed to search other parts of your car without probable cause.

Police can arrest you if they see or smell anything in "plain view" in your car. It is not lawful for police to arrest you simply for refusing to consent to a search.

Your House

If the police come to your house, step outside and close the door while talking with them. If the police do not have a warrant to search your house, you can refuse to let them in. If you refuse to allow a search of your home, the police cannot come in unless there is some emergency inside of the house or they are chasing someone into your home. Police can search your house if they are let in by someone who they believe lives there with you. However, if you are at home and tell the police that they cannot come inside without a warrant, they cannot use anything incriminating that they find against you, even if they are let in by your roommate. If the police try to go into your house without a warrant, you should say repeatedly "I do not consent to the search" and ask for a lawyer.

In all cases, a court may review whether a search of your body, car or house was lawful.

Arrested by the Police?

If you are arrested, you have the right to remain silent and you have the right to have an attorney present while you are questioned. You should not answer any questions for the police except questions about your name and address. By law, if the police ask you questions you do not have to answer them. Tell the police "I want to remain silent. I want a lawyer." 0nce you say this, the police should not ask you any more questions. If you are arrested, you should not talk to anyone about your case except your lawyer. Anything you say to friends, family, district attorneys, or other people in jail may be used against you in court.

Your Rights if Arrested:

If you are a law-abiding citizen, your chances of being arrested are slight. It is important, though, that you know “Your Rights If Arrested.” An informed and alert citizenry is the best guarantee that these rights will be upheld for the benefit of all persons at all times. The basic rights of a citizen under arrest are stated in the Fifth, Sixth and Eighth Amendments of the “Bill of Rights” of the United States Constitution.




  1. You have a Constitutional right to remain silent.
  2. Anything you say can be held against you.

In addition to advising you of your rights, the arresting authorities must respect your rights. For example, you cannot legally be required or forced by a police officer or anyone else to talk, to answer questions, or sign any papers. If by threats, by persistent questioning or other means of coercion, you are forced to give incriminating information, you can prevent its use against you in court.


If you are not a U.S. citizen, you must be informed without delay of your right to contact your local consulate or embassy. Consular officials may visit you, help you arrange for legal representation, and contact your family. You have a right to an itemized receipt for all money and property taken from your person after you are taken into custody.







If you or a loved one have been arrested or accused of a crime contact William J. Routsis as soon as possible for an assessment of your case and begin protecting your rights as soon as possible.

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