The Fourth Amendment to the Bill of Rights of the United States Constitution states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Fifth Amendment reads, in part, "No person shall be...compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law...." These amendments provide the foundation for the rights that protect all U.S. Citizens from intrusive law enforcement practices.

1. Don't Leave Contraband in Plain View Although law enforcement officers must obtain a warrant before they can conduct a privacy-invading search, any illicit material that can be plainly seen by any person from a non-intrusive vantage point is subject to confiscation. An arrest and a valid warrant to search the rest of the area is likely to ensue. A "roach" in the ashtray, a pipe or baggie on the coffee table, or a joint being smoked in public are common mistakes which all too-frequently lead to arrests.

2. Don't Put Anything Incriminating Into the Trash Various courts have ruled that law enforcement officers are allowed to rummage through curbside trash bags without a warrant. A few seeds or stems can then be used as a basis for obtaining a warrant to search the individual's home. In fact, anything discarded into the public domain can be picked up by the police and used as evidence.

3. Never Consent to a Search Many individuals arrested on marijuana charges could have avoided that arrest by exercising their Fourth Amendment rights. If a law enforcement officer asks permission to search, it is usually because: (1) there is not enough evidence to obtain a search warrant; or (2) the officer does not feel like going through the hassle of obtaining a warrant. Law enforcement officers are trained to intimidate people into consenting to searches. If an individual does consent, he waives his constitutional protection and the officers may search and seize items without further authorization. If officers find contraband, they will arrest the person.

If an individual does not consent to a search, the officer must either release the person or detain the person and attempt to get a warrant. The fact that an individual refuses to consent does not give the officer grounds to obtain a warrant. The individual should politely say, "I do not consent to a search of my person, belongings, home, or vehicle. I retain my Fourth Amendment rights and all other rights under the United States Constitution. I will say nothing until my attorney is present."

If the officer conducts a search anyway, without a warrant, any contraband will likely be declared invalid evidence by the judge, and any charges will probably be dropped. If the officer does attempt to obtain a warrant and is successful in doing so, the validity of the warrant can still be challenged in court. It is always better to refuse to consent to a search.

4. Don't Answer Questions Without Your Attorney Present Whether arrested or not, individuals should always exercise the right to remain silent. Anything a person says to law enforcement officers, reporters, cell mates, or even their friends can be used as evidence against him or her. Individuals have the right to have an attorney present during questioning. The right to remain silent should always be exercised.

5. Determining if You Can Leave A person may terminate an encounter with officers unless the person is being detained under police custody or has been arrested. If the person cannot tell whether he or she may leave, the person can ask officers, "Am I under arrest or otherwise detained?" If the answer is, "No," the person may leave.

6. Do Not Be Hostile; Do Not Physically Resist There are times when individuals politely assert their rights and refuse to consent to a search but the officers nonetheless proceed to detain, search, or arrest them. In such cases, it is important not to physically resist. Rather, the individual might say, "Do what you feel you must; I will not physically resist. However, I do not consent to this." The individual can later challenge the search in court.

7. Informing on Others The police and prosecutors often try to pressure individuals into providing information that would lead to the arrest and conviction of others. Threats and promises by police and prosecutors should be viewed with caution and skepticism. Decisions should only be made after consulting with an experienced criminal defense attorney and examining one's own conscience.

ACLU's "Bustcard" -- a quick reference guide to your rights and obligations when you are stopped by the police.

  • Be polite and respectful. Never bad-mouth a police officer.

  • Stay calm and in control of your words, body language and emotions.

  • Don't get into an argument with the police.

  • Remember, anything you say or do can be used against you.

  • Keep your hands where the police can see them.

  • Don't run. Don't touch any police officer.

  • Don't resist even if you believe you are innocent.

  • Don't complain on the scene or tell the police they're wrong or that you're going to file a complaint.

  • Do not make any statements regarding the incident. Ask for a lawyer immediately upon your arrest.

  • Remember officers' badge & patrol car numbers.

  • Write down everything you remember ASAP.

  • Try to find witnesses & their names & phone numbers.

  • If you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first.

  • If you feel your rights have been violated, file a written complaint with police department's internal affairs division or civilian complaint board.

    KEEP THIS CARD HANDY! IF YOU HAVE A POLICE ENCOUNTER, YOU CAN PROTECT YOURSELF.

    1. What you say to the police is always important. What you say can be used against you, and it can give the police an excuse to arrest you, especially if you bad-mouth a police officer.

    2. You don't have to answer a police officer's questions, but you must show your driver's license and registration when stopped in a car. In other situations, you can't legally be arrested for refusing to identify yourself to a police officer.

    3. You don't have to consent to any search of yourself, your car or your house. If you DO consent to a search, it can affect your rights later in court. If the police say they have a search warrant, ASK TO SEE IT.

    4. Do not interfere with, or obstruct the police -- you can be arrested for it.

    IF YOU ARE STOPPED FOR QUESTIONING

    1. It's not a crime to refuse to answer questions, but refusing to answer can make the police suspicious about you. You can't be arrested merely for refusing to identify yourself on the street.

    2. Police may "pat-down" your clothing if they suspect a concealed weapon. Don't physically resist, but make it clear that you don't consent to any further search.

    3. Ask if you are under arrest. If you are, you have a right to know why.

    4. Don't bad-mouth the police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest.

    IF YOU'RE STOPPED IN YOUR CAR

    1. Upon request, show them your driver's license, registration, and proof of insurance. In certain cases, your car can be searched without a warrant as long as the police have probable cause. To protect yourself later, you should make it clear that you do not consent to a search. It is not lawful for police to arrest you simply for refusing to consent to a search.

    2. If you're given a ticket, you should sign it; otherwise you can be arrested. You can always fight the case in court later.

    3. If you're suspected of drunk driving (DWI) and refuse to take a blood, urine or breath test, your driver's license may be suspended.

    IF YOU'RE ARRESTED OR TAKEN TO A POLICE STATION

    1. You have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Don't give any explanations, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decide is best.

    2. Ask to see a lawyer immediately. If you can't pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer can be contacted. Don't say anything without a lawyer.

    3. Within a reasonable time after your arrest, or booking, you have the right to make a local phone call: to a lawyer, bail bondsman, a relative or any other person. The police may not listen to the call to the lawyer.

    4. Sometimes you can be released without bail, or have bail lowered. Have your lawyer ask the judge about this possibility. You must be taken before the judge on the next court day after arrest.

    5. Do not make any decisions in your case until you have talked with a lawyer.

    IN YOUR HOME

    1. If the police knock and ask to enter your home, you don't have to admit them unless they have a warrant signed by a judge.

    2. However, in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant.

    3. If you are arrested, the police can search you and the area close by. If you are in a building, "close by" usually means just the room you are in.

    We all recognize the need for effective law enforcement, but we should also understand our own rights and responsibilities -- especially in our relationships with the police. Everyone, including minors, has the right to courteous and respectful police treatment. If your rights are violated, don't try to deal with the situation at the scene. You can discuss the matter with an attorney afterwards, or file a complaint with the Internal Affairs or Civilian Complaint Board.

    Produced by the American Civil Liberties Union.