My son was stopped by the police last night on his way home on his bicycle. My son was with two other boys right before eight o'clock on their way home. The officers pulled them apart and started harassing them about the cameras stolen from the high school. They told my son's friend that they knew that my son stole them, and he just needed to confess. They were lying and pressuring them to give them information that the boys did not know. They made threats, got in their face, and generally scared the crap out of them. They held the boys in a parking lot for over an hour, without notifying me. My son was an hour late home, and they did not seem to care that I might be worried. My son was shaking when he got home. He already told him everything he knew, which is nothing, when they raided our house. I am so tired of this treatment. I can't afford a lawyer to fight this harassment.
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Is there any advisor that worked with your son who could offer some suggestions?
Know Your Rights
I hope that none of you will ever need to use these, but in case you ever have to deal with the police, please take heed of these suggestions. This is only good for Washington State. It's likely that many of these apply to other states but please check out your rights by going to google and typing in ACLU Rights with police. The ACLU is the American Civil Liberties Union. Alright, here goes. More or less the take home message is to not say anything except that you do NOT consent to any searches and to ask for a lawyer immediately.
What To Do If You're Stopped By THE Police
Be polite and respectful.
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; you can do this later.
Do not make any statements regarding the incident.
Ask for a lawyer immediately upon your arrest.
Remember officers' badge 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, contact a lawyer.
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 most other situations, Washington law does not make it a crime to refuse 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. You have a right to refuse to answer questions. You should politely assert this right.
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 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. 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.
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.
American Civil Liberties Union of Washington
705 Second Avenue, Suite 300
Seattle, WA 98104
(206) 624-2184