WHAT TO DO…WHEN STOPPED BY THE POLICEPresented By: The Allegheny County Chiefs of Police AssociationIn Partnership With The: Allegheny County Chief Executive, Allegheny County District Attorney’s Office, Fraternal Order of Police Lodge #91, Pennsylvania Attorney General’s Office, Pennsylvania Human Relations Commission, United States Attorney’s Office and Our Communities
FORWARDThe basic materials in this pamphlet were reproduced by the Allegheny County Chiefs of Police Association with permission from Deputy Chief Ondra Berry of the Reno NV. Police Department. The guidelines have been modified, when appropriate, to reflect the operations of the various MUNICIPAL Police Departments in Allegheny County. It is designed to encourage cooperation and improve relations between the police and the citizens that we serve in the culturally diverse communities of Allegheny County. The information contained in this pamphlet is for your information and assistance. If you should have any additional questions about what the police can and cannot do, please contact your local police department or the District Attorney’s Office. IT COULD HAPPEN TO YOU… What is your name? Where do you live? Do you have any identification? These are simple questions that under certain circumstances police officers have the right and sometimes the obligation to ask. They can be answered easily by almost everyone. However, when a police officer asks these questions, it could cause problems for the police officer and YOU. Most of the time there is a reason why the officer is asking you such questions even though it may seem to you at the time that there is not a reason.
The officer may be investigating a complaint phoned into the police by someone in the neighborhood. The officer may have been informed by the police radio that a crime has just been committed in the area. For one reason or another, you may be the person he or she suspects may be involved. You may have knowledge that will help the officer in the investigation, or the officer may think you need assistance or help. The officer has a responsibility and an obligation to obtain pertinent information to resolve any calls or incidents that he or she is involved in. Part of the investigative process is to ask questions that are relevant to the information the officer has received regarding the assignment. If you overreact to the officer’s questions, you may create an even more serious situation. We will attempt to explain what rights you have, things you should remember and what you can expect when a police officer starts asking you questions……………………. IF YOU ARE STOPPED BY THE POLICE IN YOUR CAR…While you are driving a car, if a police officer has reasonable suspicion or probable cause to believe that a violation of the Vehicle Code has been committed or a crime has occurred, you may be pulled over. You will probably be asked to show your driver’s license, the registration to the vehicle, and proof that the vehicle is insured. You must comply with these requests. The best thing to do in this situation is to pull over, stay cool and calm and remain in your car, unless told to do otherwise by the police officer(s). If you are stopped at night, turn on your dome light and show the officer that there is nothing wrong, or any reason to fear for his or her safety. It is best not to make any sudden movement or do anything that would give the officer a reason to search further. Having your light on and keeping your hands on the steering wheel will usually put the officer’s mind at ease. Remember, the officer cannot read your mind, he or she does not know if you are a law-abiding citizen or a criminal, and unfortunately for his or her safety, must assume the worst-case scenario at first. Only, when you are asked for your ID, should you go about getting it. At this point, you may start to explain or question what you were doing that caused you to get stopped, but that is as far as you should take it. There is a chance that the officer will write you a ticket or warning notice for a traffic violation. When the officer asks you to sign the ticket or warning notice, it is not an admission of guilt, you are simply acknowledging that you received it. If you refuse to sign, the officer will still issue the ticket but will mark it “Refused”. The officer may legally start to check your car for equipment code violations under the Vehicle Code. Be careful about how you protest. This is not the place to argue your case. If you feel that you are getting a ticket for something you didn’t do or for something that is not fair, you should take your protest to court and explain your case to the Judge. Just because the officer gives you a ticket, does not automatically mean that you are guilty, or will be found guilty, or that you will have to pay a fine. Remember, in America, you are innocent until proven guilty. You have the right to go to Court and to have the Judge hear your explanation, and if you don’t agree with the Judge’s decision, you can appeal. IF YOU ARE STOPPED BY THE POLICE ON THE STREET…Most of the problems that you may have with the police can be avoided at the time they first stop and talk with you. Remember, they think they have a reason (reasonable suspicion or probable cause) to stop and ask you some questions. When the officer(s) approaches you, you should stop, and again, remain cool and calm. There are many factors that a police officer will take into consideration when he or she is observing you and thinks you may be breaking the law or doing something suspicious. Every situation is different, and the officer will usually consider the following factors:
While all these things are taken into consideration by the officer in determining whether he or she should stop you or ask you more questions, remember the officer has the right and the obligation to find out what is going on. If the officer feels, after talking to you, that you have committed a crime and places you under arrest, he or she will inform you that: you have the right to remain silent; anything you say can and will be used against you in court; you have the right to talk to a lawyer for advice before you answer any questions and to have a lawyer with you during questioning; if you cannot afford a lawyer, one will be appointed for you before any questioning, if you wish. The officer will ask you if you understand your rights, and are you willing to answer some questions, or make a statement. If you don’t want to talk after you have been informed of your rights, then you DO NOT have to. IF THE POLICE COME KNOCKING AT YOUR DOOR…If the police knock at your door and ask to come into your home, you do not have to let them in unless they have a warrant that has been signed by a judge, or under emergency circumstances, or the officer is in pursuit of a suspect. Ask to see the warrant. If it is an ARREST WARRANT, make sure that you look at the name on the warrant to be sure the police have the right person. If it is a SEARCH WARRANT, make sure it is for your specific address and check to see what is listed on the warrant to be searched for in your home or location. The warrant gives the officer(s) the legal right to temporarily seize the listed property on the warrant. The police may also search without a warrant whenever they have arrested a person. They may search his or her person and the immediate area where the arrest was made. The police may also search after consent is given. If you object to their request to search, be sure to make it clear that you do not agree to any kind of search. They may also search when there is an emergency (for example, someone screaming for help inside your home) or when they are chasing you or someone else into your home (hot pursuit). If the police do not have a warrant, you may, but do not have to let them in, UNLESS they demand to come in. Perhaps you can settle this matter at the door, if they do insist on coming in over your objections then:
REMEMBER
*7. You have the right to audio & video record police activity if you can do so safely and do not interfere with an officer’s lawful duties.
IMPORTANT NUMBERS LOCAL POLICE DEPARTMENT BLUES PAGES OF PHONE BOOK Allegheny County District Attorney’s Office 412-350-4400 |