Seven Tips for Handling the Police

The next time you are pulled over or stopped by the police, keep in mind these seven key rights to protect yourself:

1. You have the right to film your interaction with law enforcement.
2. You have the right to refuse consent to be searched.
3. You have the right to remain silent.
4. The words you say can and will be used against you in a court of law.
5. If you are not being arrested, you have the right to leave.
6. If you are being questioned, you have the right to an attorney present for the questioning.
7. If you get arrested but cannot afford an attorney, one will be appointed for you by the court, should you so choose.

You have the right to film your interaction with law enforcement 

In Georgia, you have the right to film your entire interaction with the police as long as you are stopped or walking. If you are driving, however, they can choose to ignore videos that were filmed while the car was in motion.

Even if you know the police body cams were rolling during your stop, always have a backup of your footage in case anything goes wrong. Additionally, this will help to keep track of everything that is said (and not said) during the interactions. You don’t need to inform anyone that you are filming – as long as you are in a public space. Although, if the police still try to stop you from recording, do what they say for now, but remember your other rights too.

To stay on the safe side and protect your legal rights, keep meticulous records of everything.

You have the right to refuse consent to be searched

You have the right to refuse an unwarranted police search in the state of Georgia; however, you must declare it verbally. Saying “I do not consent to this search” is crucial for any legal procedures that may occur afterward. If the officers have a warrant, you can legally ask to see it (if your name or address is listed on the warrant). However, if they do have a warrant, you are required by law to let them search but remember your first right and remain silent.

If the police don’t have a warrant and try to search or seize your possessions after you tell them they can’t, remember that it’s important not to resist. It will be difficult, but if you stand by and don’t take any actions that could be interpreted as hostile towards the police, it will be much easier to sort out legally. The police might use your resistance as justification for their actions if you do something like trying to run away or confront them.

You have the right to remain silent

Remember, you can stay silent when an officer stops you whether you’re on foot or in a car. You don’t have to share your address, name, or other identifying information if they ask, but if you’re the driver of the car, then you will need to show them your driver’s license, registration and proof of insurance.

If you remain silent, it is crucial that you state “I wish to remain silent”, so the police know you are exercising your right to do so. If you say anything else, they could regard it as hostile behavior (like arguing about said rights), which might be used as justification for arrest.

The Fifth Amendment of the United States Constitution protects citizens from self-incrimination.

The words you say can and will be used against you in a court of law.

Like we referenced in the last paragraph, the Fifth Amendment of the United States Constitution protects citizens by not allowing them to incriminate themselves in a court of law. However, this right does not apply if you are being questioned as a witness or are the victim of a crime. If you are arrested, you have the privilege to remain silent and speak with an attorney before answering any questions.

Be aware that if you answer any questions the police ask when they stop you, what you say could be held against you in a court of law. Remember: even if they seem nice and understanding, their job is not to be your friend, but to catch you doing something illegal, if that’s what you’re doing. Always be polite and remember that you’re most likely being filmed at all times, so even saying things out of earshot may be used against you, too.

If you are not being arrested, you have the right to leave

If you are stopped for questioning by a law enforcement officer, whether you are walking or driving, you have the right to ask questions like, “Can I go?” “Am I under arrest?” or “Why are you arresting me?”

If you are unsure whether you are being detained or arrested, asking the officer these questions can help confirm your status. If it is determined that you are free to leave, do so calmly and slowly in order to avoid provoking the officers. Always remember: you’re being filmed the whole time.

If you are being questioned, you have the right to an attorney present for the questioning.

If you are being detained and the police want to question you, and you want to talk, remember that you have the right to have an attorney present with you while being questioned. The attorney can help you by fielding any suspect or illegal questions, and can also give you confidence in speaking with the police, to show you don’t have anything to hide or any reason for them to come after you. If you want to have an attorney there, you must state outloud your request to the attorney, and the police have to give you some time to get one there. Otherwise, it’s best to bring up your other right not to talk without an attorney and keep from incriminating yourself.

If you get arrested but cannot afford an attorney, one will be appointed for you by the court, should you so choose.  

It’s inevitable that some of these police “interviews” are going to end in an arrest. If that happens, stay calm and be respectful. Once you have been charged with a crime, you have a right to be represented by an attorney at all stages of the case. If you can’t afford an attorney, then by law, the court has to appoint one for you. This process may take a while due to bureaucracy and high caseloads, but at least your rights will be protected. It’s always best practice to at least talk with a lawyer once you’ve been charged with a crime – but even if you can’t hire a private attorney, it’s good to wait it out for the court-appointed attorney, even if they may be overworked and underpaid. At least you will have an attorney on your side, to help you navigate the court process.