🚨 Know Your Basic Rights
Right to Remain Silent
You are not required to answer questions beyond providing your name, address, and date of birth when stopped.
Right to Refuse Searches
You can clearly state "I do not consent to a search" unless they have a warrant or probable cause.
Right to Leave
Ask "Am I being detained or am I free to leave?" You can leave if you're not being detained.
Right to an Attorney
Always ask to speak to a lawyer before answering any questions about a crime.
What Happens When Police Stop You?
Police Powers During a Stop
Police have the authority to investigate suspected crimes and maintain community safety. They can approach and question people, but simply being questioned doesn't mean you're suspected of a crime. Understanding when you must comply versus when you can exercise your rights is crucial.
🔍 What Police Can Do
- Stop and ask questions if they believe you witnessed or have information about a crime
- Detain you if there's a warrant for your arrest
- Detain you if they have "reasonable suspicion" you committed, are committing, or are about to commit a crime
- Request identification if you're driving a motor vehicle
⚖️ Your Obligation
In Ohio, you must provide:
- Your name, address, and date of birth when lawfully stopped
- Driver's license if you're operating a motor vehicle
Failure to provide this information can result in:
- Misdemeanor charges (up to 30 days in jail and/or fine up to $250 for those 18+)
- Fine up to $100 and juvenile detention for those under 18
Your Rights During the Stop
Identification Requirements
Unless you are driving, you are not required to show police your identification, and you are not required to tell them anything beyond your name, address, and date of birth.
Right to Leave
If you are stopped by police, ask loudly and clearly: "Am I being detained or am I free to leave?" If the officer says you are free to leave, stay calm and walk away. You can ask if you are free to leave more than once during an encounter. If the officer says you are under arrest, you have the right to know why.
Right to Remain Silent
You do not have to answer any questions beyond providing your name, address, and date of birth. You do not have to give a statement or provide any information about something you witnessed or are suspected of doing. You have the right to remain silent even if you have not been read your Miranda rights.
🚫 Never Lie to Police
While you have the right to remain silent, never lie to law enforcement. Lying to police can result in charges for "obstructing official business." If you don't want to answer questions, simply state: "I choose to remain silent."
Right to Refuse Searches
You do not have to agree to a search. If you do not want your person or belongings searched, you should state loudly and clearly: "I do not consent to a search." If you do not consent to a search, police cannot conduct a search, but they can protect themselves by conducting a "pat-down" search to check for weapons without your consent.
Exceptions to this rule:
- Police can search your vehicle if they have probable cause to believe it contains drugs, contraband, or criminal evidence
- Police can conduct a search with a warrant signed by a judge
- Police must provide you with a copy of any search warrant
Your Rights If You Are Arrested
Before Questioning
An officer who wants to ask you questions other than your name and address must advise you that you have a right not to answer the questions.
Right to Know Why You're Arrested
You have the right to be told why you are being arrested and the nature of the charges against you (the crime for which you are being arrested).
🔒 Your Miranda Rights
You have the right to be told your constitutional rights before being questioned following your arrest:
- The right to remain silent and not answer any questions
- The right to know that if you waive (give up) your right to remain silent and do answer questions, the police can use your answers against you in court
- The right to stop answering questions at any time and talk with an attorney, even if you have begun to answer questions
- The right to speak privately with an attorney before answering any questions or signing anything
- If you cannot afford an attorney and if the crime has jail time as a possible penalty, you have a right to have an attorney appointed at no cost before being questioned
⚖️ Important: Always Ask for a Lawyer
You cannot be penalized for refusing to answer questions. If you try to cooperate by answering questions while in police custody, you may create difficulties for your lawyer in defending you. Always ask to speak to a lawyer.
Additional Rights When Arrested
- Contact someone: Right to contact a responsible person by telephone to tell them you've been arrested and what the charges are. You are not limited to one phone call.
- Refuse tests: Right to refuse physical or chemical tests (polygraph, breathalyzer, field sobriety tests, etc.) until you can talk to your lawyer.
- Attorney at lineup: Right to have your attorney present at any lineup or identification procedure.
- Reasonable bail: Right to reasonable bail or bond unless charged with a capital crime.
- Court appearance: Right to be brought before a court as soon as reasonably practicable for a preliminary hearing.
Tips for Any Police Interaction
Do not run
Stay calm and be aware of your emotions, voice, and body language.
Do not argue
A stop or arrest is not the time to argue guilt or innocence. That can be addressed later in court.
Do not touch or reach
Keep your hands where police can see them.
Do not resist
Even if you didn't do anything, resisting can lead to further criminal charges, injury, or death.
What to Do If Police Violate Your Rights
If you are stopped, you can ask the police why they stopped you, but the police are not required to answer that question. You should say out loud, in your clearest voice, so that your goal is to de-escalate the situation, and that you will follow the officer's commands.
📹 Document Everything
The safest thing to do is to continue complying with the officer's commands. You should ask the officer if the encounter is being recorded on a bodycam or dashcam. If it is not being recorded, you can ask the officer to turn on their camera. Say out loud the things that you and the police are doing so your narration is recorded on the video.
After the encounter: Write down or record everything you remember about what happened as soon as possible. It is important to make a record of what happened as soon as you can.