Getting stopped by police can be a frightening and violating experience. Although the burden should not fall to you to deescalate a stop, an interaction with police can sometimes turn volatile. You can reduce the risk of a charged police encounter by knowing your rights and employing the following strategies. Below, you will find information on:
As of 2021, new laws in Virginia were introduced to address pretextual stops and enforcement of minor traffic violations. If the police search you after stopping you for one of the following, the evidence found would be inadmissible in court.
You can ask a law enforcement officer if you are free to leave. If you are not under arrest, you have the right to calmly leave.
If you are being pulled over, you can verify you are indeed being pulled over by real law enforcement and state that you are complying but waiting to pull over until you come upon a more public area by calling 911 and telling the dispatcher, who will then tell the responding officers.
While it's not your job to deescalate the situation, speaking respectfully and avoiding hostile language may ease the encounter. Communicate clearly to the police about your rights. Do not consent to unwarranted searches. If you are feeling nervous or scared, say it out loud. Make sure you have everything recorded.
Don’t resist arrest, even if you think the arrest is unfair. Comply with the officer’s commands for the time being and leave it for your lawyer to deal with later.
Keep your hands on the steering wheel where the officer can see them, or hold them both in the air.
Write down everything you can remember as soon as you get the chance. Record officer’s names, badge and patrol car numbers and get contact information for any witnesses if you can. Write down the moments you invoked your rights or when you believe your rights might have been violated.
If you have physical injuries, take time-stamped photos and seek medical attention. Keep documented proof of your visit to medical services.
File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.
This information is prepared for general information purposes only and is not legal advice, which is dependent upon the specific circumstances of each situation. Also, the law may vary from state to state and the information on our website is not guaranteed to be up to date. Therefore, the information on our website cannot replace the advice of competent legal counsel licensed in your state.
Know Your Rights During Police Encounters — For Youth (from National ACLU, opens in new window)
What to Do When Dealing with Police – Deaf Rights (from National ACLU, opens in new window)
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