www.flexyourrights.com/faqFrequently Asked Questions
If you have a specific question, please take some time to peruse our answers to these most frequently asked questions. Believe me -- we get asked lots of questions, and we do our best to answer all of them. Keep in mind that while laws and police procedures vary from state-to-state, our answers apply to all 50 states. If you have questions regarding your state's police procedures, check out your state's criminal code. If you've recently been charged with a crime or are under investigation, contact a lawyer ASAP.
4th Amendment (1)
What is the History of the 4th Amendment?
5th Amendment (1)
What is the History of the 5th Amendment?
The Fifth Amendment Self-incrimination Clause
The Sixth Amendment Right to Counsel Clause
Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
airline security (1)
What are my rights with airline security?
arrest (6)
Do police have to tell me why I'm being arrested?
No. Police are not required to tell you what you're being arrested for. Within 72 hours you have right to be brought before a judge or released. When brought before a judge, that's when the charges against you will be read.
Nevertheless, at the time of arrest, police will typically give you a basic explanation for why you're being taken into custody. Remember to keep your mouth shut and ask for a lawyer.
How long can I be detained without being formally arrested?
That depends. The answer is as long as it reasonably takes police to conduct the investigation. If you choose to challenge a detention, your lawyer will have to argue that police kept you longer than necessary under the circumstances. If the judge agrees, any criminal charges that resulted from your detention will likely be dropped.
Remember that detentions are voluntary unless you verbally ask to leave. Any time police detain you, it's a good idea to ask if you're free to go. If the officer says you may leave, it's up to you to leave the scene of the encounter. If you choose to stay, the detention is automatically legal.
What is "resisting arrest"?
Resisting arrest is just like it sounds. If police have probable cause to arrest you and you delay or resist them in any way, you can be charged with a misdemeanor of resisting arrest. Examples of resisting arrest include running away from police or providing an officer with a false ID.
Be aware that officers may threaten to arrest you if you refuse to comply with a search request or refuse to answer their questions. Don't get tricked. You always have the right to refuse police searches ("Officer, I don't consent to any searches") and refuse to answer questions without a lawyer present. ("I have nothing to say. I want to see a lawyer.")
Also, be aware that just touching an officer could get you tasered or beaten and stuck with a felony charge for assaulting a police officer.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
Once police have arrested me, do I have to answer their questions?
No. If you're arrested you have the right to remain silent and to see an attorney.
If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.
If you are innocent, it is especially important not to talk to the police until you have a lawyer. Our prisons are full of people who claim they are innocent, and many of those people are actually telling the truth.
To learn more, watch the famous "Never Talk to the Police" lecture by Regent University Law School Professor James Duane. It's followed up by an equally compelling lecture by Officer George Bruch who talks about how he successfully interrogates suspects.
What are my rights when I'm under arrest?
If you're arrested you have the right to remain silent. You have the right to an attorney. You have the right to be brought before a judge within 72 hours and charged. And you have the right to be treated fairly under the law.
If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.
If I'm arrested, aren't police required to read me my Miranda rights?
No. Many people believe that they can "beat the case" if the officer doesn't read them their Miranda rights during an arrest. This is a myth.
The only time an officer must read a person his or her Miranda rights is when: (1) the person has been placed under arrest, AND (2) the officer is about to question the person about a crime. For example, if you're placed under arrest after consenting to a search request and confessing to ownership of found contraband, police do not need to read you your rights unless they want to question you about an unrelated crime.
The courts have made clear that police do not have to tell you about your right to refuse searches. Also, despite the myth to the contrary, an officer does not need to get your consent in writing; oral consent is completely valid.
If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.
boaters (1)
What are the rights of boaters?
border checkpoints (1)
What are my rights at the U.S. border?
drug checkpoints (1)
Are drug checkpoints legal?
No. Drug checkpoints are a trap!
DUI checkpoints (1)
What are my rights at sobriety checkpoints?
Sobriety checkpoints -- also known as DUI checkpoints -- are the most common roadblocks you might encounter. They function as a general purpose investigatory tactic where police can get a close look at passing motorists by detaining them briefly. A roadblock stop is quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to peer into the vehicle for a moment.
Remember that your constitutional rights still apply in a roadblock situation. Though police are permitted to stop you briefly, they may not search you or your car unless they have probable cause or you agree to the search. Keep in mind that if you’re driving under the influence, your constitutional rights provide very little protection in this situation.
Since the Supreme Court’s ruling in Illinois v. Caballes police have more leeway to use drug-sniffing dogs in roadblock situations. There’s no need to waive your rights simply because dogs are present. But be advised that your legal options are limited if you're arrested as a result of a dog sniff during a roadblock.
Also keep in mind that police closely monitor cars approaching the roadblock. So you’re not likely to have any success trying to evade it.
Sobriety checkpoints are generally permitted by the courts, but only if conducted properly. If you’re arrested at a police roadblock always consult an attorney before confessing or agreeing to a plea bargain. There might be some legal options that your lawyer can pursue.
college dorm (1)
What are my rights in a college dorm?
College students suffer from an unfortunate lack of privacy rights in many situations. Dorms are the property of the university, thus school officials and campus police tend to feel a sense of entitlement with regards to entering student housing.
The rental agreement for your dorm room should specify when school officials may and may not enter, so make sure you're familiar with the terms of your lease and keep a copy on hand. In many cases, student housing affords less privacy protection than a standard rental agreement, so be mindful of the potential for random inspections and other intrusions that are common on college campuses.
Campus policies are written and enforced differently from one school to the next, so it's wise to familiarize yourself with the rules and the people who enforce them. Although the campus environment may reduce individual privacy, it provides great opportunities to get to know school officials and security staff. Building good relationships with the people around you is the best strategy for preventing problems before they occur.
Regardless of the specific policies and practices at your school, there's generally no harm in attempting to protect your privacy by politely refusing searches and declining to incriminate yourself. We've heard many success stories from college students who asserted their rights, so remember that keeping calm and knowing the rules will help improve your odds of avoiding problems.
Finally, we've observed that marijuana smoking is the quickest and easiest way to get in trouble in your dorm. Many schools put significant resources into catching and punishing marijuana users on campus, often resulting in severe sanctions such as arrest, removal from the dorms, suspension, urine testing, fines, parental notification, etc.
copyright (1)
Do I need special permission to use Flex Your Rights materials
All Flex Your Rights educational materials -- including original web content and videos -- are licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License.
Under the terms of our license, you are free to copy, distribute, and display Flex Your Rights materials for non-commercial purposes. If you have additional questions, you may refer to the specific terms of the license.
detention (2)
How long can I be detained without being formally arrested?
That depends. The answer is as long as it reasonably takes police to conduct the investigation. If you choose to challenge a detention, your lawyer will have to argue that police kept you longer than necessary under the circumstances. If the judge agrees, any criminal charges that resulted from your detention will likely be dropped.
Remember that detentions are voluntary unless you verbally ask to leave. Any time police detain you, it's a good idea to ask if you're free to go. If the officer says you may leave, it's up to you to leave the scene of the encounter. If you choose to stay, the detention is automatically legal.
When are police allowed to frisk me?
If they have reasonable suspicion to detain you, police may conduct a pat down (frisk) of the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed.
If they feel a hard item that might be a weapon, police may reach into your pockets. Sometimes officers reach into suspects' pockets looking for drugs even if they don't feel a weapon. This is common, but it's illegal.
Police may ask you to reveal the contents of your pockets. Just like other search requests, you have the right to refuse.
(See also "How to Deal with Police on the Street")
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
drug dogs (1)
What if police threaten to call the dogs?
Your rights do not disappear if the officer threatens to call in the dogs, so don’t let this all-too-common tactic intimidate you into consenting to search requests.
Usually, the officer won't have a police dog on hand and he needs reasonable suspicion to detain you while waiting for the K-9 unit. Before the dogs arrive, you have the right to determine if you can leave by asking "Officer, am I free to go?" If the officer refuses and detains you until the dogs come, you have the right to remain silent and refuse to consent to any searches.
If a K-9 unit arrives, you have the right the right to refuse to consent to a dog sniff, even if the officer claims you have to. Be aware that unlocking your car at the officer's request or handing the officer your keys is the same as consenting to a search. You always have the right to refuse by stating "Officer, I don't consent to any searches." Repeat, if necessary.
If a judge determines that officer had no justification to detain you until the dog arrived, any evidence discovered by the dog can be thrown out in court.
For Flex's take on the most recent Supreme Court ruling on dog sniffs, click here.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
drugs (0)
marijuana (1)
What if police say they smell marijuana?
This is a tough situation. Smelling marijuana does give police probable cause to search your car. For this reason, police are quick to claim that they smell something and sometimes they might even lie about it. All you can really do is say, "Officer, I have nothing to hide, but I don't consent to any searches." If they search you anyway and something is found, you'll need an attorney to help you fight the charges.
Unfortunately, police sometimes use tricks like this to circumvent your constitutional rights and there's no perfect way to handle the situation. Of course, they are most likely to do this if they are suspicious of you for some reason, so do your best to stay calm. In many cases, the officer will mention marijuana just to see how you react. If you appear nervous, the officer's suspicions will escalate.
Police often think they can tell by looking at you whether you're a "pothead," so be extra careful if there's anything about your appearance that might draw their attention. How you dress and what kind of vehicle you drive is a personal choice, but police definitely look out for certain "stoner" stereotypes. If your look makes you stick out, you should think carefully about what items to keep in the car with you.
Finally, never smoke marijuana in or around your car. At Flex Your Rights, we hear many stories from people who've been arrested, and smoking marijuana in public places like vehicles is the #1 cause of avoidable arrests.
DUI (1)
How do I avoid a DUI?
In addition to threatening your safety and the safety of others, drunk driving is one of the easiest ways to create overwhelming legal problems for yourself. DUI laws vary from state to state, and they have become increasingly harsh over the years.
Refusal of breathalyzer and sobriety tests generally carries a punishment equivalent to being found guilty of DUI. While drunk driving enthusiasts often tout "silver bullet" strategies for beating DUIs, there’s really nothing you can do except find a good lawyer and hope you get your driver’s license back someday. The best way to learn your state’s DUI laws and find a local DUI attorney is to run an Internet search for "DUI + (your state)."
(See also "Are sobriety checkpoints constitutional")
entrapment (1)
What is entrapment?
frisk (2)
What do I do if police frisk me?
If police detain and frisk you, you have the right to clearly state your refusal to consent to the search. For example, you may say "Officer, I'm not resisting. I do not consent to this search."
But you should only verbally refuse. Never physically resist. Just touching an officer could get you tasered or beaten. You could also get a felony charge for assaulting a police officer.
If you believe you were wrongly frisked, consider filing a police misconduct report.
(See also "When are police allowed to frisk me?" and "How to Deal with Police on the Street")
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
When are police allowed to frisk me?
If they have reasonable suspicion to detain you, police may conduct a pat down (frisk) of the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed.
If they feel a hard item that might be a weapon, police may reach into your pockets. Sometimes officers reach into suspects' pockets looking for drugs even if they don't feel a weapon. This is common, but it's illegal.
Police may ask you to reveal the contents of your pockets. Just like other search requests, you have the right to refuse.
(See also "How to Deal with Police on the Street")
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
home entry (5)
How do I deal with police at my door?
Don't be intimidated by police at your door. These rules will help protect your rights and improve your odds of avoiding a home search.
No Warrant, No Search!
The Supreme Court has ruled that the home is entitled to maximum search protection. Even if they have probable cause to believe something illegal is going on inside your home, the 4th Amendment requires police to get a signed search warrant from a judge to legally enter and search.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
The major exception to the search warrant requirement is where consent is given to an officer's request to enter. If, for example, an officer is legally invited into your home, any illegal items that are out in the open -- or in "plain view" -- can be seized as evidence, which can lead to an arrest. That being the case, it's always wise to keep any private items that you don't want others to see out of view of your entrance area.
Don't Let Them Inside
It's a good safety habit to determine who is at your door before opening it. If after looking out the window, through your peephole, or asking "Who is it?" you find police at your door, you have several options that may help keep them from unexpectedly entering.
1). If you're concerned they might try to force an entry, you may great them outside after exiting through another door.
2). You may speak with officers through the opening protected by your chain lock.
3). If police come to your door and you don't require their help, you may simply decline to answer the door at all. Unless they have a warrant, they will eventually leave.
Determine the Reason for the Visit
While you might not be pleased to have police at your door, it's wise to treat them as you would any other unexpected visitor. Calmly and respectfully ask, "How can I help you?"
In many cases, an officer's visit will have little to do with you or be something you can easy fix. For example, an officer may be seeking information about a crime committed in your neighborhood. Or she might be responding to a noise complaint. If so, it's wise to apologize for the inconvenience, then turn down the music or bring in your barking dog from the backyard.
In other instances, an officer might want to investigate activities taking place in your home and ask to enter. You might even be a suspect in a criminal investigation. In such a case you should remain silent -- except to say "Officer, I can't let you inside without a search warrant." Following such an encounter, you should immediately contact a lawyer before speaking to police again.
Educate Friends & Family
As is often the case, a naïve friend, family member, or roommate may invite police into your home. They too should be aware of their right to refuse police entry. (See "Can someone else consent to a search of my property?")
When are police allowed to search my home?
The Supreme Court has ruled that the home is entitled to maximum protection from police searches and seizures. Specifically, the court has ruled that even if police have probable cause to believe that something illegal is going on inside your home, the 4th Amendment requires them to get a signed warrant from a judge to legally enter and search.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
The major exception to the search warrant requirement is where consent is given to an officer's request to enter. If, for example, an officer is legally invited into your home, any illegal items that are out in the open -- or in "plain view" -- can be seized as evidence, which can lead to an arrest. That being the case, it's always wise to keep any private items that you don't want others to see out of view of your entrance area.
As is often the case, a naïve friend, family member, or roommate may invite police into your home. So they too should be aware of their right to refuse police entry.
The other less frequently invoked exception to the warrant requirement falls under the category of emergency -- or exigent -- circumstances where there's immediate danger. For example, if police enter your home in pursuit of a violent criminal suspect, any illegal items in plain view many be seized as evidence.
(See also "How do I keep police from searching my home?" & "Can someone else consent to a search of my property?")
Can someone else consent to a search of my property?
This depends on the circumstances. The Supreme Court has ruled that any occupant of a residence can refuse consent, even if other roommates agree to a search. Unfortunately, you must be present in order to assert your refusal. For this reason, it’s important to make sure that your roommates understand their 4th Amendment rights in case something happens when you’re not around. You may want to talk to your roommates about how to handle police visits and reach an agreement about how to handle such situations just in case.
As a general rule, police can obtain consent to search from anyone with control over the property. Someone who has a key, or whose name appears on the lease, can legally consent to a search of the property if no one else is present, or if no one else objects. If you rent the property, be advised that your landlord can also let the police in.
Finally, keep in mind that the courts often determine your “expectation of privacy” on a case-by-case basis. Keeping your room locked and maintaining control of your personal space can help protect you if a roommate ever lets police in. If your room is off-limits to your roommates and their friends, courts will often rule that it is off-limits to police as well.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
How do I keep police from searching my home?
Don't be intimidated by police at your door. These rules will help protect your rights and improve your odds of avoiding a home search.
No Warrant, No Search!
The Supreme Court has ruled that the home is entitled to maximum search protection. Even if they have probable cause to believe something illegal is going on inside your home, the 4th Amendment requires police to get a signed search warrant from a judge to legally enter and search.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
The major exception to the search warrant requirement is where consent is given to an officer's request to enter. If, for example, an officer is legally invited into your home, any illegal items that are out in the open -- or in "plain view" -- can be seized as evidence, which can lead to an arrest. That being the case, it's always wise to keep any private items that you don't want others to see out of view of your entrance area.
Don't Let Them Inside
It's a good safety habit to determine who is at your door before opening it. If after looking out the window, through your peephole, or asking "Who is it?" you find police at your door, you have several options that may help keep them from unexpectedly entering.
1). If you're concerned they might try to force an entry, you may great them outside after exiting through another door.
2). You may speak with officers through the opening protected by your chain lock.
3). If police come to your door and you don't require their help, you may simply decline to answer the door at all. Unless they have a warrant, they will eventually leave.
Determine the Reason for the Visit
While you might not be pleased to have police at your door, it's wise to treat them as you would any other unexpected visitor. Calmly and respectfully ask, "How can I help you?"
In many cases, an officer's visit will have little to do with you or be something you can easy fix. For example, an officer may be seeking information about a crime committed in your neighborhood. Or she might be responding to a noise complaint. If so, it's wise to apologize for the inconvenience, then turn down the music or bring in your barking dog from the backyard.
In other instances, an officer might want to investigate activities taking place in your home and ask to enter. You might even be a suspect in a criminal investigation. In such a case you should remain silent -- except to say "Officer, I can't let you inside without a search warrant." Following such an encounter, you should immediately contact a lawyer before speaking to police again.
Educate Friends & Family
As is often the case, a naïve friend, family member, or roommate may invite police into your home. They too should be aware of their right to refuse police entry. (See "Can someone else consent to a search of my property?")
How do I deal with police during a traffic stop?
A traffic stop can be stressful and terrifying -- especially if you're not prepared. These rules will help protect your rights and improve your odds of driving away safely.
Always Be Calm & Cool
If police flag you down, pull over immediately, turn off your car, and place your hands on the wheel. Police like to see your hands for their own safety -- so wait until they request your paperwork before reaching for it. At night, it's also a good idea to turn on the dome light, so the officer can see you're not armed.
Clip from the DVD BUSTED: The Citizen's Guide to Surviving Police Encounters
Always greet policemen and policewomen as "Officer". For example, you may start off with "Good afternoon, Officer. How's it going today?" Under no circumstances should you ever talk back, raise your voice, or use profanity with a police officer. Being hostile with police is stupid and dangerous. You can't win that game.
If the officer writes you a ticket, accept it quietly and never complain. Listen to any instruction on paying the fine or contesting the ticket, and drive away slowly.
Remain Silent: What You Don't Say Can't Hurt You
Police may try to get you to admit to having broken a law. For example, an officer may ask, "Do you know how fast you were going?"
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
You may assert your 5th Amendment protection against self-incrimination by refusing to admit you might have broken a law. As such, the best answer to that and similar questions is "No, Officer."
Because anything you say can and will be used against you in court, the less you say the better. You also don't want to announce to police that you know your rights. They'll take that as a challenge. Just keep quiet and calm.
You Have the Right to Refuse Search Requests
Police may order the driver and any passengers out of the vehicle. If this happens, step out of the car. If they have reasonable suspicion to detain you, police may frisk the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed.
If police detain and frisk you, you have the right to clearly state your refusal to consent to the search. For example, you may say "Officer, I'm not resisting. I do not consent to this search." But you should only verbally refuse. Never physically resist. Just touching an officer could get you tasered or beaten. You could also get a felony charge for assaulting a police officer.
Whether or not they frisk you, an officer may ask you a series of questions, which may include something like "You don't mind if I have a look in your car?" While this might sound like a command, it's usually a request -- and the 4th Amendment protects your right to refuse search requests. (See also "When are police allowed to search my car?")
In response to such request, you may politely decline by saying "Officer, I know you're just doing your job, but I don't consent to searches." Some officers may use their authority to make you feel obligated to prove your innocence by asking "What do you have to hide?" Don't fall for such tricks. If necessary, repeat your refusal.
Refusing a search request is not an admission of guilt and does not give the officer the legal right to search or detain you. In fact, most avoidable police searches don't occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests.
The 4th Amendment protects your right to refuse search requests, but you must clearly state your refusal for the protection to legally apply.
(See also "If I'm not doing anything wrong, why not let police search me?")
Determine if You're Free to Go
Unless you're detained or arrested, you may terminate the encounter anytime. But don't wait for the officer to dismiss you. Ask if you're free to go.
For example, if an officer threatens to call in a K-9 unit if you refuse a search, you should ask "Officer, are you detaining me, or am I free to go?"
Not only can this line can help withdraw you from an encounter, it also deflects any of the officer's probing questions or threats. So if an officer says "If you cooperate with me, everything will go easy for you." You may respond by saying either "Officer, I don't consent to any searches" or "Officer, am I free to go?"
If the officer lets you leave, do so immediately. If the officer's answer is unclear, or if he asks additional questions, persist by repeating "Officer, am I free to go?"
Ask for a Lawyer
If you are not free to go, you are being detained. The officer might have some reason to suspect you of a crime, and you may be arrested.
In such a situation, your magic words are "I'm going to remain silent. I wold like to see a lawyer." These magic words are like a legal condom. They're your best protection if you're under arrest.
Never rely on police to inform you of your right to remain silent and see a lawyer. Repeat the magic words as necessary, but say no more. Remember that anything you say can and will be used against you in court.
How do I deal with police on the street?
In any given public police encounter, the below rules will help protect your rights and improve your odds of walking away safely.
Determine the Reason You've Been Stopped
Just as police may approach a citizen and initiate a conversation, you have the right to terminate such "voluntary" conversations. Legally, an officer must have reasonable suspicion to believe you're engaged in criminal activity in order to escalate the encounter into a legal detention.
Clip from the DVD, Busted: The Citizen's Guide to Surviving Police Encounters
But because officers are not required to tell you if you're free to leave a voluntary encounter, it's up to you to determine if you're being detained or if you're free to go. Before answering an officer's questions, you may courteously ask "Officer, am I free to go?" If you're free to go, th