Police brutality has become a very big issue in the past year or more, mostly for African Americans. The most recent know case is that of Sandra Bland. Bland had been pulled over for a minor traffic violation on July 10, by state trooper Brian Encinia. Encinia arrested Bland following an escalating conflict, which was caught on audio and video recordings, and alleged that she had assaulted him. The American Civil Liberties Union (ACLU) has these tips for when you are face-to-face with law enforcement.
- You have the right to remain silent. You may give your name if asked to identify yourself, however, you may exercise your right to remain silent by telling an officer.
- You do not have to consent to a search. Officers may “pat down” your clothes if they suspect you have a weapon, however, you have the right to refuse consent the search of your belongings.
- You have the right to refuse to consent to search. Officers may search your car if they believe it contains evidence, however, you can refuse to consent to a search.
- Both driver and passenger have the right to remain silent.
- You do not have to let them in without a warrant. Ask for the officers to show you a warrant so you can inspect it before they enter your home. Officers can only search the areas and items on the warrant or the person inside.
- You have the right to remain silent. Even if the officers have a warrant, you have the right to remain silent. If you choose to speak, step outside and close the door.
- You have the right to remain silent and ask for a lawyer. Do not give any explanations or excuses, even if you are innocent. If you cannot pay for a lawyer, you have the right to a free one. Do not say anything, sign anything or make decisions without a lawyer.
- You have the right to make a phone call.
- You have the right to record anything that is public, if it is in plain view.
- When you are on private property, the owner may set rules about recording. If you disobey the owner’s rules, they can order you off the property and have you arrested.
- Officers may not delete recordings. Officers can face felony charges for tampering with evidence, obstruction and theft.
- Officers may not confiscate or demand to view your recording without a warrant. Officers may not search your phone without a warrant.
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