Latest / Wrongful Conviction / #198 Wrongful Conviction Podcasts PSA - What to Do When Stopped by the Police (Routine Foot Stop)
Transcript
- 0:00Speaker 1: Hi.
- 0:00Speaker 2: I'm Robbia Jodry, attorney and co host of Undisclosed.
- 0:03Speaker 1: And I'm Jason Flamm, the host of Wrongful Conviction. With
- 0:06Speaker 1: Jason Flamm.
- 0:07Speaker 2: We want to talk to you today about your rights
- 0:09Speaker 2: and how they relate to interactions with the police.
- 0:12Speaker 1: So, Rabia, let's say you're walking along the street and
- 0:15Speaker 1: you're approached by police officers. What are some tips on
- 0:19Speaker 1: how to not allow this situation to escalate? How do
- 0:22Speaker 1: you defuse it?
- 0:22Speaker 2: Right now? So, look, if you've been stopped in public,
- 0:25Speaker 2: first of all, I always remember you have the right
- 0:26Speaker 2: to remain silent. You don't have to answer any questions
- 0:29Speaker 2: at all, state loudly. I have the right to remain silent,
- 0:32Speaker 2: and I'm exercising my right. I will not answer any questions. Now,
- 0:35Speaker 2: here's the thing. Twenty two states have stopped and Identify
- 0:38Speaker 2: statutes that require a person who's been stopped by an
- 0:41Speaker 2: officer to show some kind of ID. Some of those
- 0:44Speaker 2: states will require that an officer has to have a
- 0:46Speaker 2: reasonable suspicion that you're engaged or about to engage in
- 0:49Speaker 2: some illegal activity in order to demand that ID. But
- 0:52Speaker 2: you're going to have to look up your state by
- 0:54Speaker 2: searching for what states have stopped and identify statutes. It's
- 0:58Speaker 2: important to remember that you don't have to consent to
- 1:00Speaker 2: a search for your person or your belongings, and if
- 1:02Speaker 2: you don't consent, once again, clearly state I do not
- 1:05Speaker 2: consent to a search of my person or belongings. This
- 1:07Speaker 2: might not stop the search, but it could help you
- 1:09Speaker 2: legally down the road. If you have something right out
- 1:12Speaker 2: in the open, the police don't need search warrants for
- 1:14Speaker 2: items that are in plane view. So if you have
- 1:16Speaker 2: something you don't want the police to see, then we'll
- 1:18Speaker 2: keep those private items out of sight. And remember you
- 1:21Speaker 2: do not have to answer questions about your nationality or
- 1:24Speaker 2: your immigration status. If you are witnessing an attention and arrest,
- 1:28Speaker 2: an altercation, you're a bystander. Well, you can record the
- 1:31Speaker 2: police from a safe distance. That is your first amendment right,
- 1:34Speaker 2: but in some states you have to let the police
- 1:36Speaker 2: know that you're recording them. They might not confiscate your
- 1:39Speaker 2: phone or camera without a warrant, but if they try to,
- 1:41Speaker 2: just clearly tell them that you do not consent to
- 1:43Speaker 2: giving them your phone. But obviously if they try to
- 1:46Speaker 2: take it from you, don't resist. Now witnesses, and anybody
- 1:49Speaker 2: stops to write down all the possible information they can,
- 1:52Speaker 2: including officer names, badge numbers, the plates for patrol cars,
- 1:56Speaker 2: how many officers are present, what agency they're from, just
- 1:58Speaker 2: any kind of information you have, and finally, look if
- 2:01Speaker 2: you're being arrested, it's very very important do not resist arrest.
- 2:05Speaker 2: It does not end well.
- 2:07Speaker 1: Our goal is to help you stay safe during these
- 2:09Speaker 1: interactions and keep yourself out of jail and out of
- 2:12Speaker 1: harm's way. To learn more and get involved, listen to
- 2:17Speaker 1: Undisclosed and.
- 2:18Speaker 2: Listen to Wrongful Conviction podcasts.
- 2:21Speaker 1: These are your legal rights.
- 2:23Speaker 2: Know your rights, understand your rights, and most importantly, exercise
- 2:26Speaker 2: your rights,