This content is intended to serve as general information; it is not legal advice nor intended as legal advice. Click here for this information in Spanish / clic aquí para esta información en español.

Being stopped by police is a stressful experience that can go bad quickly. Here we describe what the law requires and also offer strategies for handling police encounters. We want to be clear: The burden of de-escalation does not fall on private citizens — it falls on police officers. However, you cannot assume officers will behave in a way that protects your safety or that they will respect your rights even after you assert them. You may be able to reduce risk to yourself by staying calm and not exhibiting hostility toward the officers. The truth is that there are situations where people have done everything they could to put an officer at ease, yet still ended up injured or killed.

Click on one of the scenarios below to jump to the information you need:

If you’re stopped by police

  • Stay calm. Don’t run, resist, or obstruct the officers. Do not lie or give false documents. Keep your hands where the police can see them.
  • You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud. (In some states, you may be required to provide your name if asked to identify yourself, and an officer may arrest you for refusing to do so.)
  • You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon. Note that refusing consent may not stop the officer from carrying out the search against your will, but making a timely objection before or during the search can help preserve your rights in any later legal proceeding.
  • If you are arrested by police, you have the right to a government-appointed lawyer if you cannot afford one.
  • You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports as well as for individuals on certain nonimmigrant visas, including tourists and business travelers. For more specific guidance about how to deal with immigration-related questions, see our immigrants’ rights section.)

If you’re stopped in your car

  • Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window partway, and place your hands on the wheel. If you are the passenger, put your hands on the dashboard.
  • If asked, show police your driver’s license, registration, and proof of insurance.
  • If an officer or immigration agent asks to search your car, you can refuse. But if police see or have probable cause that your car contains evidence of a crime, they can search it without your consent.
  • Both drivers and passengers have the right to remain silent. If you’re a passenger, you can also ask if you’re free to leave. If yes, you may silently leave.

If you’re asked about your immigration status

  • You have the right to remain silent. You do not have to answer questions about where you were born, whether you’re a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain non-immigrant visas, including tourists and business travelers.)
  • If you’re not a U.S. citizen and have valid immigration papers, you should show them if an immigration agent requests it.
  • Do not lie about your citizenship status or provide fake documents.

If the police or immigration agents come to your home

  • You don’t have to let them in unless they have a search warrant signed by a judge.
  • Ask to see the warrant. It must have your address as the place to search or your name as the subject of an arrest warrant and be signed by a judge. Officers can only search the areas and for the items listed on the warrant. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent.
  • Even if officers have a warrant, you may remain silent. If you choose to speak, step outside and close the door. Never lie.
  • If you are a guest inside the house and end up answering the door, you should make clear to the police that you are a guest and do not have the authority to let them inside without the homeowner’s permission.

If you’re arrested by police

  • To reduce risk to yourself, do not resist and follow the officer's commands, even if you think the commands are not fair.
  • If you are arrested, you must truthfully answer an officer’s questions about your name, the address where you live and your birthdate if asked.
  • Say you wish to remain silent regarding all other questions and ask for a lawyer. If you can’t afford a lawyer, the government must provide one.
  • Don’t say anything, sign anything, or make any decisions without a lawyer.
  • You have the right to make a local phone call. The police cannot listen if you call a lawyer.
  • Don’t discuss your immigration status with anyone but your lawyer.
  • An immigration officer may visit you in jail. Do not answer questions or sign anything before talking to a lawyer.
  • Read all papers fully. If you don’t understand or cannot read the papers, say you need an interpreter.

If you’re taken into immigration (or “ICE”) custody

  • You have the right to a lawyer, but the government will not provide one. If you don’t have a lawyer, ask for a list of free or low-cost legal services.
  • You have the right to contact your consulate or have an officer inform the consulate of your arrest.
  • Tell the immigration officer you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.
  • Do not sign anything without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S.
  • Know your immigration number (“A” number) and give it to your family. It will help them locate you.

If you feel your rights have been violated

  • Write down everything you remember, including officer’s badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses. If you’re injured, seek medical attention immediately and take photographs of your injuries. Obtain the medical records.
  • File a written complaint with the agency’s internal affairs division or civilian complaint board. You can usually file a complaint anonymously if you wish.

What you can do if you think you’re witnessing police abuse or brutality

  • Stand at a safe distance and, if possible, use your phone to record video of what is happening. As long as you do not interfere with what the officers are doing and do not stand close enough to obstruct their movements, you have the right to observe and record events that are plainly visible in public spaces.
  • Do not try to hide the fact that you are recording. Police officers do not have a reasonable expectation of privacy when performing their jobs, but the people they are interacting with may have privacy rights that would require you to notify them of the recording. In many states, including Montana, (see here) you must affirmatively make people aware that you are recording them.
  • Police officers may not confiscate or demand to view your photographs or video without a warrant, and they may not delete your photographs or video under any circumstances. If an officer orders you to stop recording or orders you to hand over your phone, you should politely but firmly tell the officer that you do not consent to doing so, and remind the officer that taking photographs or video is your right under the First Amendment. Be aware that some officers may arrest you for refusing to comply even though their orders are illegal. The arrest would be unlawful, but you will need to weigh the personal risks of arrest (including the risk that officer may search you upon arrest) against the value of continuing to record.
  • Whether or not you are able to record everything, make sure to write down everything you remember, including officers’ badge and patrol car numbers, which agency the officers were from, how many officers were present and what their names were, any use of weapons (including less-lethal weapons such as Tasers or batons), and any injuries suffered by the person stopped. If you are able to speak to the person stopped by police after the police leave, they may find your contact information helpful in case they decide to file a complaint or pursue a lawsuit against the officers.

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