I would never consider myself a criminal, so I have never fathomed the scenario of personally dealing with a cop in a sticky situation. This wasn’t until I noticed a video on my Facebook newsfeed about a law student schooling a cop on his rights when he was trying to detain the student.
This made me think–at any point in time a cop really could stop me and in some way, shape or form infringe my rights. I began to wish I knew some more of my basic rights, in the case I were to ever be stopped by a cop and protocols were violated.
A right is not something that a country, constitution or someone else gives you—you have rights by virtue of your birth. A constitution just acknowledges rights and the fact that they should not be infringed. In short, it means that people have rights because of themselves, and it is up to you to protect your rights. The right to information is crucial in current times because it is a right that enables you to secure and safeguard all other rights. When denied such information, you’re unable to take effective action in protection any of your rights.
The following are some basic rights, typically violated by law enforcement that every colliegette should be aware of:
DUI Checkpoints: Police ARE PERMITTED to stop you briefly but CANNOT search you or your car unless they have probable cause that you’re under the influence or you agree to the search. You ARE NOT REQUIRED to answer their questions or admit to breaking the law.
Customs and Border Protection Checkpoints: The Department of Homeland Security agents ARE PERMITTED to search you and your belongings at the U.S. border without probable cause or a search warrant. So anytime you cross the border, you consent to a search.
Drug Checkpoints: Random checkpoints for the purpose of finding illegal drugs were ruled unconstitutional by the Supreme Court. BEWARE: Police sometimes put up signs warning drivers of up-coming drug checkpoints and instead pull over people who make illegal U-turns. If you see a sign saying “Drug Checkpoint Ahead,” just keep driving.
Transportation Security Agent (airport) Checkpoints: Agents ARE PERMITTED to search you and your belongings without probable cause or a search warrant anytime you pass through a TSA security zone.
Identification: In the United States, there is NO LAW REQUIRING citizens to carry identification of any kind. Police can never force you to identify yourself without probable cause or reasonable suspicion to believe you’re involved in illegal activity.
What is reasonable suspicion?
Reasonable suspicion gives the police officer the right to briefly detain a suspect for investigatory purposes and frisk the outside of their clothing. It requires facts or circumstances that would lead a person to believe that a crime has been or will be committed in the near future. You may also be detained if you fit the description of a criminal suspect, drop a suspicious object or run after seeing the police.
Cops will often use your uncertainty as an opportunity to ask probing questions even if the conversation is legally “voluntary.” It’s up to you to determine if you’re being detained or are free to go.
Before answering any of the officers questions ask, “Officer, am I free to go?‘ If you’re free to go — go. If the officer’s answer is unclear or he continues to ask questions, repeat yourself “Officer, am I free to go?“
Refusing to not answer questions does not create reasonable suspicion… acting nervous and answering questions inconsistently can create reasonable suspicion.
If you ever feel like your constitutional rights have been infringed, the best thing to do is to immediately write down what happened—be very detail oriented in your description as to what happened, consult with an attorney and file a police misconduct report.