Anchorage, Alaska

• Stay calm. You have the right to remain silent, but if you do speak to the police, try to do so respectfully and carefully.
• Keep your hands where the police can see them. Avoid sudden movements and do not touch the officers.
• It is not a good idea to run or resist in any way, even if you're innocent or the police are acting unfairly or unlawfully.

a. Can the police arrest you for refusing to answer questions?

ANSWER:

Generally, no. However, you are required to provide the police with your name and identifying information, if they ask for it. Alaska Statutes § 12.50.201(a)(3). Otherwise, you have the right to remain silent and cannot be punished for refusing to answer an officer's questions. Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9. It is a good idea to be respectful and cooperative with the officer, even if you do invoke your right to remain silent.

b. What if the officers do not identify themselves?

ANSWER:

Anchorage police officers do not have to voluntarily identify themselves, but if you ask them for their identifying information, they must provide it. Specifically, they must provide their name, rank, and discharge serial number (DSN) and display their badge or official credentials. Anchorage Police Dept. Policy, Regulations and Procedures Manual, P.I. 1.03.005I - Identification.

c. What if an officer just begins speaking to me but does not order me to do anything?

ANSWER:

If an officer begins speaking to you but does not order you to do anything, you can either answer the officer's questions or invoke your right to remain silent. Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9. If you do decide to speak to the officer, do so calmly and carefully as anything you say may be used against you in court. To invoke your right to remain silent, tell the police officer that you do not want to respond to questions and then ask the officer if you are free to leave. If the officer says "yes" then you are free to go.

d. What if the officer is not in uniform or identified as an officer but I think it is one?

ANSWER:

If you think you have been approached by an officer, you can ask the person to identify themselves. In Anchorage, police officers on duty are required to identify themselves if asked. Anchorage Police Dept. Policy, Regulations and Procedures Manual, P.I. 1.03.005I - Identification. Keep in mind that there are exceptions, for example, if the officer is undercover. If you suspect that you are speaking to an undercover officer, speak carefully as you words or actions could be used against you in court.

e. Can I tell police I do not want to speak without a lawyer?

ANSWER:

Yes, anytime you speak with the police, you have the right to remain silent, other than the requirement to provide the police with your name and other identifying information. Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9; Alaska Statutes § 12.50.201(a)(3). You are only entitled to an attorney if you are in police custody and are being interrogated, or if you are being charged with a crime. Hammonds v. State, 442 P.2d 39 (1968).  You should first ask the police if you are free to go, and if they say yes, then calmly leave. If the police tell you that you cannot leave, you can remain silent until your attorney arrives or until one is appointed to you. Collier v. Municipality of Anchorage, 138 P.3d 719 (2006). If you or your family cannot afford a lawyer, you have the right to a court-appointed lawyer. Alaska R. Crim., Rule 39.

f. If I sit down, am I resisting?

ANSWER:

Possibly. If an officer is peacefully trying to arrest you, you cannot make the arrest more difficult unless excessive force is being used by the officer. Gray v. State, 463 P.2d 897 (1970). If you have any doubt about whether sitting down would be considered resisting or creating a risk of injury to the police officer, you should try to respectfully ask the police officer if you can sit.

g. If I am stopped in a group, and some kids run, can I run?

ANSWER:

If the police tell you to stop, you are required to follow their lawful commands. Anchorage Municipal Code 8.30.010. This is the case even if you are in a group and other kids are also running away. Running from the police is risky and can result in serious consequences, such as arrest, fines or even jail time. AMC 8.30.010; 8.30.030. It can also escalate the situation and result in the use of force by the police. Technically, there are limited exceptions where running is legally permitted, for example, if the police are using excessive force or making an unlawful arrest and you are trying to protect yourself. State v. Sundberg, 611 P.2d 44 (1980). However,the risk of the officer using force in that situation often outweighs the benefits of running.

h. Can I tell others (siblings, for example) to run?

ANSWER:

It is safest to not tell or encourage others to run from the police, as it could escalate the interaction with the police and put that person, you, the police or the public in greater danger. However, it is unlikely that you'll be criminally prosecuted for telling others to run. You typically need to interfere with an actual arrest and either use force, or create a substantial risk of physical injury to another person in order to be guilty of a crime. Anchorage Municipal Code 8.30.010. So, while it is not a good idea to tell someone to run from the police, you are probably not committing a crime in doing so.

i. If the officer's language is not my first language, can I tell them without waiving my rights?

ANSWER:

Yes, just because you speak to the police does not mean that you lose your right to remain silent -- you can invoke this right at any time. Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9. If you do not understand a police officer well enough to communicate effectively, be sure to tell the officer they are not speaking your first language and you will then have the right to an interpreter. Sixth Amendment, U.S. Constitution; PI §3.10.060. It is safest to remain silent until the interpreter arrives and you are able to communicate effectively with the police.

j. If I did not do anything, can they stop me?

ANSWER:

An officer can always approach you and ask questions. However, if you did not do anything illegal, you can ask the officer if you are free to leave and if the officer says "yes" then you should calmly leave. Keep in mind that if the officer has reasonable suspicion to believe that you present a public danger or have recently caused serious harm to certain people or property, then they can temporarily detain you. Coleman v. State, 553 P.2d 40 (1976).

Generally, the police are required to obtain a warrant before searching you or your surroundings. However, there are exceptions to this general rule. Some of the common exceptions include:

• If you voluntarily consent to a search. Schraff v. State, 544 P.2d 834 (Alaska 1975).
• If the search involves an area in which you have no reasonable expectation of privacy, such as a public place. Smith v. State, 510 P.2d 251 (Alaska 1976).
• If you are being lawfully arrested, the police can search you and your immediate surroundings. McCoy v. State, 491 P.2d 197 (Alaska 1971).
• If the police see evidence of a crime in plain sight. Stevens v. State, 443 P.2d 600 (Alaska 1968).
• If there is an emergency situation where there is an immediate threat to public safety, however the Alaska courts interpret this exception narrowly. Schraff v. State, 544 P.2d 834 (Alaska 1975).

a. What if a police officer wants to search my phone?

ANSWER:

Without a warrant, the police cannot search any area where you have a reasonable expectation of privacy, including your phone. Erickson v. State, 507 P.2d 508 (Alaska 1973); Smith v. State, 510 P.2d 793. The police may search your phone if you provide consent, so it is best to not do so. Schraff v. State, 544 P.2d 834 (Alaska 1975). Keep in mind that if a court determines that the police searched your phone unlawfully, any evidence that they discover in the search is likely to be inadmissible in court. Hammonds v. State, 442 P.2d 39 (1968).

b. What if a police officer asks me for my password to my phone?

ANSWER:

You have the right to remain silent, which includes not providing the police with your phone password. Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9. You can assert your right to remain silent by telling the police officer that you decline to answer any questions. Without a warrant, the police also cannot search any area where you have a reasonable expectation of privacy, including your phone. Erickson v. State, 507 P.2d 508 (Alaska 1973); Smith v. State, 510 P.2d 793. Unless a limited exception exists, such as an immediate threat to public safety, the police will need your permission or a warrant to search your phone. Schraff v. State, 544 P.2d 834 (Alaska 1975).

c. What if they tell me to give them my password or other access to my phone?

ANSWER:

You have the right to remain silent, which includes not providing the police with your phone password. Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9. You can assert your right to remain silent by telling the police officer that you decline to answer any questions. Without a warrant, the police also cannot search any area where you have a reasonable expectation of privacy, including your phone. Erickson v. State, 507 P.2d 508 (Alaska 1973); Smith v. State, 510 P.2d 793. Unless a limited exception exists, such as an immediate threat to public safety, the police will need your permission or a warrant to search your phone. Schraff v. State, 544 P.2d 834 (Alaska 1975).

d. Do I have to give them my device password if they demand it from me if I am not under arrest? What if they just ask for it?

ANSWER:

You have the right to remain silent, which includes not providing the police with your phone password. Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9. You can assert your right to remain silent by telling the police officer that you decline to answer any questions. Without a warrant, the police also cannot search any area where you have a reasonable expectation of privacy, including your phone. Erickson v. State, 507 P.2d 508 (Alaska 1973); Smith v. State, 510 P.2d 793. Unless a limited exception exists, such as an immediate threat to public safety, the police will need your permission or a warrant to search your phone. Schraff v. State, 544 P.2d 834 (Alaska 1975).

e. What tools can police use to search me? What technology? (Facial recognition, hidden cameras, finger print searches, etc.)

ANSWER:

The use of technology by the police to conduct searches has become more common in recent years. The laws governing the use of this technology are still evolving, but under the Alaska Constitution you are generally protected from unreasonable searches. Fourth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 14. If a search is overly intrusive, the police will typically require a warrant.

Facial Recognition

The use of facial recognition technology has raised some privacy concerns, but the police in Alaska are known to use facial recognition technology to compare images of your face to a database of other images, such as those with the DMV, in order to identify you.

Hidden Cameras

Law enforcement agencies may use hidden cameras to conduct surveillance, but there are limitations to how far the police can legally search with the hidden camera before it constitutes an unreasonable search. The police generally cannot record you in places where you have a reasonable expectation of privacy. Cowles v. State, 23 P.3d 1168 (2001).

Finger Print Searches

The use of fingerprint searches to identify suspects and investigate crimes is generally permitted. Alaska Code Section 12.80.060.

Aerial Surveillance

Under Alaska state law, the police are required to obtain a warrant in order to conduct aerial surveillance of a property. McKelvey v. State, 474 P.3d 16 (Alaska Ct. App. 2020).

Intercepted Communications

Interceptions of private communications may be authorized in specific circumstances including murder, kidnapping, certain drug offenses and human trafficking. Alaska Statutes § 12.37.010. Police officers may also intercept communication during an investigation to ensure an officer's safety or to make an arrest if the officer is a party to the conversation and the communication is not recorded. Alaska Statutes §12.37.400.

f. Can they search my backpack or other item I am carrying?

ANSWER:

The Alaska Constitution protects you from unreasonable searches of your backpack and other items you're carrying. Fourth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 14. The police typically must obtain a warrant to search your belongings, unless an exception applies. One common exception is a search incident to an arrest, which allows police to search the areas within your control, such as your backpack, following an arrest. McCoy v. State, 491 P.2d 197 (Alaska 1971). If a police officer asks to search your backpack, if they do not have a warrant and there is no applicable exception, you can tell the officer that you do not consent to the search and they will be required to comply.

g. Can they take my picture or record me?

ANSWER:

It depends on the circumstances. If you are in a public place where you can easily be seen or your conversations can be easily heard, such as a sidewalk or a park, you do not have a reasonable expectation of privacy and the police can take your picture or record you. However, if you are in a place where you do have a reasonable right to privacy, such as your home, the police most likely do not have the right to take your picture or record you. Cowles v. State, 23 P.3d 1168 (2001).

h. Can they ask me where I am going and why?

ANSWER:

The police can ask you where you are going and why, but you are not legally required to provide them with an answer--you have the right to remain silent and cannot be punished for refusing to respond. Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9. However, it's important to be respectful, particularly if you have not done anything illegal. If you are not comfortable speaking to the officer, you can always ask if you are free to leave. The police are legally required to allow you to leave unless you are under arrest or if they have reasonable suspicion to believe that you present a public danger or have recently caused serious harm to another person or property. Coleman v. State, 553 P.2d 40 (1976).

• The police may arrest you if they have seen you commit a crime, if they have "probable cause" to believe that you have committed certain crimes (even if they did not see you commit the crime) or they have a warrant for your arrest. Alaska Statute 12.25.030.
• The police may detain you if they have "reasonable suspicion" to believe that you present a public danger or that you have recently caused serious harm to certain people or property. Coleman v. State, 553 P.2d 40 (1976). "Reasonable suspicion" is a lower standard than probable cause. If you are detained, rather than arrested, the police cannot hold you for an unreasonable amount of time -- only enough time for the police to investigate their reasonable suspicion. After conducting their investigation, it is possible the police may find probable cause and then arrest you. Goss v. State, 390 P.2d 220 (1964).

a. What if I did not do anything illegal, must I speak with the police and answer questions?

ANSWER:

The police can ask you questions, but you do not have to answer, other than to provide your name and identifying information. Alaska Statutes § 12.50.201(a)(3). The police cannot arrest you for refusing to answer their questions.

b. What if they tell me something they are investigating that is wrong? Must I correct them?

ANSWER:

You do not need to correct the police if they say something incorrect, but you can if it want to make sure they have accurate facts in their investigation. If you do speak, do so carefully as anything you say may be used against you in court. After speaking to the police, you have the right to stop speaking at any time. Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9. To invoke your right to remain silent, you can simply tell the police officer that you do not want to respond to any more questions.

c. What if an officer just begins speaking to me but does not order me to do anything?

ANSWER:

If an officer begins speaking to you but does not order you to do anything, you don't need to respond, and the police cannot arrest you for doing so. Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9. The only communication you must make to the police is to provide them with your name and identifying information, if they ask. Alaska Statutes § 12.50.201(a)(3). To invoke your right to remain silent, you can simply tell the police officer that you do not want to respond to any more questions.

d. What is the legal difference between talking to them if they do not tell me I am under arrest, versus after they inform me that I am under arrest?

ANSWER:

There is no legal difference. The words you say to a police officer always matter and can be used against you in court. You also have the right to remain silent in both situations. Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9.

AGREEING

4. The difference between police TELLING me what to do and asking me to do something.

a. What is the difference between the police deciding to search me or my belongings (phone, person, backpack) and me agreeing to the search?

ANSWER:

Police are generally not allowed to search you or your belongings without a warrant. Fourth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 14. In contrast, if you allow the police to search you or your belongings, the police do not require a warrant, and if they find evidence of a crime it can be used against you in court. Schraff v. State, 544 P.2d 834 (Alaska 1975). If you do not consent to a search, the police must follow strict legal rules to obtain a warrant, including proving to a judge that they have probable cause to believe that a crime has been committed and that evidence of a crime is likely to be found in a search--otherwise they can only conduct the search in limited circumstances. Spinelli v. United States, 393 U.S. 410 (1969).

Common situations where the police do not require a warrant include:

1. if you are being arrested, the police may search the area within your immediate surroundings. McCoy v. State, 491 P.2d 197 (Alaska 1971).
2. police may briefly detain and pat you down if they have reasonable suspicion to believe that you present a public danger or that you have recently caused serious harm to certain people or property. Coleman v. State, 553 P.2d 40 (1976).
3. if evidence of a crime is in plain view for the police to see. Harris v. United States, 390 U.S. 234 (1968).
4. if a situation presents immediate danger or an emergency, and there's an immediate need to conduct the search to protect life or property. Schraff v. State, 544 P.2d 834 (Alaska 1975).

Keep in mind that, if the police perform the search when they were not allowed and they find evidence of a crime, they may not be able to this such evidence against you in court. Hammonds v. State, 442 P.2d 39 (1968).

b. What if they tell me to give them information versus them asking and me providing answers voluntarily?

ANSWER:

Your rights do not change whether the police tell you to give them information or if they ask you to provide the information to them voluntarily--you can still remain silent and you do not need to provide them with any information, other than your name and identifying information. Alaska Statutes § 12.50.201(a)(3); Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9.

• No, police officers do not always need a warrant to arrest you, but certain legal requirements must be met in order for the police to arrest you without a warrant. Alaska Statute 12.25.030.
• For example, the police can arrest you without a warrant (1) they see you commit a crime; (2) if the officer has probable cause to believe that you committed a crime, even if they did not see the crime occur; or (3) if the police have an immediate need to prevent you from harming yourself or others. Alaska Statute 12.25.030.

a. If I did not do anything, can they stop me?

ANSWER:

If you did nothing wrong, the police cannot legally stop or detain you. If they do stop you unlawfully, it is still probably a good idea to avoid escalating the situation with confrontational behavior. If you feel you have been wrongly stopped, you ask the police to explain why they have stopped you or ask if you are free to leave. Unless the police have reasonable suspicion to believe that you present a public danger or that you have recently caused serious harm to certain people or property, they must let you leave. Coleman v. State, 553 P.2d 40 (1976). The police require specific facts that support their reasonable suspicion--they cannot stop you simply based on your race or because you appear suspicious. Howard v. State, 664 P.2d 603 (1983).

b. Can I ask for the reason they stopped me?

ANSWER:

Yes, you can ask the police why they have stopped you, but it is a good idea to be cautious and respectful when interacting with law enforcement. Remember, try to avoid escalating the situation and avoid saying anything that could be used against you in court. Miranda v. Arizona, 384 U.S. 436 (1966).

c. Can I advocate for another young person stopped by police if we are stopped together?

ANSWER:

Yes, you can advocate for another young person if you are both stopped by the police, but anytime you interact with the police it is important to be cautious and avoid escalating the situation. Keep in mind that if the police are making a lawful arrest of the young person, you cannot interfere with the arrest and doing so could result in your arrest as well. Anchorage Municipal Code § 8.30.010.

If you feel that you need to speak on behalf of the young person, you can ask the police to explain why you were both stopped and try to advocate as needed for yourself or the other person. You could also provide advice to the young person and remind them their right to remain silent. Finally, you can also ask the police if you and the other person are free to leave and if the officer says yes, you can both walk away.

d. If I think the stop is unjustified, what can I do?

ANSWER:

If you believe a stop by the police is unjustified, you should ask for, and write down, the officer's name and badge number. They are required to provide you with this information. Anchorage Police Dept. Policy, Regulations and Procedures Manual, P.I. 1.03.005I - Identification. Other helpful information to collect could include the officer's patrol car number, the name and phone numbers of any witnesses and any pictures of or medical records about any injuries you might have suffered as a result of the stop.

If you wish to file a complaint against a police officer, corrections officer, probation/parole officer, municipal corrections officer, or a village police officer you may use this form and submit it to the Alaska Police Standards Council office by e-mail, fax, mail, or in person.

e. Can I get the officer's identifying information for a future complaint?

ANSWER:

Yes, in Anchorage, police officers on official business have to provide their identifying information if asked, which includes their name, rank, and DSN and display their badge or official credentials. Anchorage Police Dept. Policy, Regulations and Procedures Manual, P.I. 1.03.005I - Identification.

• If you are within police custody and you do not feel free you have the right to leave an officer's presence then you are probably under arrest. Alaska Code Section 12.25.160. If you have any doubt, you can always ask the police officer if you are under arrest.
• In general, a person is considered to be under arrest when they have been physically retrained and are deprived of their freedom to move freely. If the following happens, you are likely under arrest under the law:
  • an officer handcuffs you;
  • an officer forcibly holds you down; or
  • an officer puts you into the back seat of a police car; or
  • if an officer warns you about your right to remain silent.

a. What if I do not know if I am under arrest?

ANSWER:

If you not sure if you're under arrest, politely ask the officer: "Am I under arrest?"

b. What is the difference between detention and arrest?

ANSWER:

If you are arrested, the police have much more control over you than if you are just being detained. For example, if you're arrested, the police can hold you within their custody, search you and your immediate surroundings, take your fingerprints, photograph you and bring you to the police station for questioning. McCoy v. State, 491 P.2d 197 (Alaska 1971); Alaska Code Section 12.80.060. Because you lose so much freedom in an arrest, the police can only arrest you if they have warrant, see your commit a crime or have "probable cause" to believe you have committed a crime, which is a relatively high legal standard. Beck v. Ohio, 379 U.S. 89 (1964); Alaska Statute 12.25.030.

In contrast, the police can detain you if that have reasonable suspicion you present a public danger or that you have recently caused serious harm to certain people or property, which is a lower legal standard than the "probable cause" required to arrest you. Once detained, the police can only hold you for enough time to investigate their reasonable suspicion. Coleman v. State, 553 P.2d 40 (1976). However, after conducting their investigation, it is possible the police may find probable cause and then arrest you. Goss v. State, 390 P.2d 220 (1964)

c. If I am handcuffed, am I arrested?

ANSWER:

Not necessarily. Although you will probably be handcuffed if you being are arrested, handcuffing does not automatically mean that you are under arrest. However, because it restricts you from moving freely, police generally can only detain you in this way when they have reasonable suspicion to believe that you present a public danger or that you have recently caused serious harm to certain people or property. Coleman v. State, 553 P.2d 40 (1976); Howard v. State, 101 P.3d 1054 (Alaska Ct. App. 2004).

d. If my liberty is restricted, am I under arrest?

ANSWER:

Not necessarily. The police can legally "detain" you to conduct an investigatory stop when they have reasonable suspicion to believe that you present a public danger or that you have recently caused serious harm to certain people or property. Coleman v. State, 553 P.2d 40 (1976). You can always ask "am I free to leave?" and, if they answer no, then you can ask the police officer if you are under arrest.

• If you are in police custody and being interrogated by the police, they must warn you of your rights. This warnings includes (1) the right to remain silent, (2) that anything you say can and will be used against you in a court of law (3) that you have the right to an attorney and (4) if you cannot afford an attorney, one will be appointed to you. Hammonds v. State, 442 P.2d 39 (1968).
• You can use your right to remain silent or any of your other rights, such as the right to an attorney, by saying so the police.
• You are also able to waive your rights by, for example, saying 'Yes, I understand my rights but I am ready to talk to you.' This is generally not a good idea without a lawyer present.
• Even if you waive your rights for some period of time, you do not lose your right to remain silent -- you can always stop and exercise your right to remain silent.

a. How do things change if I am read my rights by police?

ANSWER:

If police officers take you into custody, they are required to read you your rights before asking you questions. Hammonds v. State, 442 P.2d 39 (1968). If the police arrest you but fail to read you your rights, any statements you make may not be allowed in court--therefore, it's important to pay attention to whether or not the police actually read you your rights. To invoke your right to remain silent, you should affirmatively state that you wish to remain silent, and then stop speaking. To invoke your right to an attorney, you should affirmatively state that you wish to speak to an attorney and then remain silent.

b. Does it matter where I am when the police read me my rights? (street, station, police car, etc.)

ANSWER:

No, it doesn't matter where you are when the police read your rights to you. If you are being questioned and you are unable to leave, no matter where you are, the police officer must read you your rights to remain silent and to have an attorney present. Hammonds v. State, 442 P.2d 39 (1968).

• You are not required to make a statement, answer the police's questions or participate in a police investigation.
• You do not have to go anywhere with the police unless they have arrested you.
• If police arrest you and you are under the age of 18, they are required to promptly notify your parent, caretaker or legal guardian.

a. Am I required to make a statement?

ANSWER:

No, you are not required to make a statement to the police. Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9. The only information that you are required to provide the police is your name or other identifying information. Alaska Statutes § 12.50.201(a)(3). You don't have to answer any other questions and the police cannot arrest you for refusing to answer. Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9.. To invoke your right to remain silent, simply tell the police officer that you do not want to respond to any questions.

b. Must police notify my guardian?

ANSWER:

Yes, if you are under the age of 18, the police must make reasonable efforts, within 12 hours, to notify your parent or guardian or foster parent that the officer had detained you. Alaska Statutes §47.12.250; PI 3.02.055.

c. Must I confess?

ANSWER:

No. You have the right to remain silent and do not need to confess to the police. Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9. To invoke your right to remain silent, tell the police officer that you do not want to respond to any questions.

d. What adults can I ask to be with me?

ANSWER:

You can ask for your parent, guardian, and/or an attorney to be present if you speak with the police. PI §3.02.055.

e. Who do police have to contact if I am a legal minor?

ANSWER:

Yes, if you are under the age of 18, the police must make reasonable efforts, within 12 hours, to notify your parent or guardian or foster parent that the officer had detained you. Alaska Statutes §47.12.250; PI 3.02.055.

• If you are being questioned during the course of a criminal investigation, you should seek legal advice as soon as possible, and always before making any statements to the police. This applies even if you are told that the police only want to question you or that you are only a witness.
• You should assert your right to remain silent immediately and ask for a lawyer as soon as you are being questioned or arrested by the police.
• Depending on the circumstances of the case, you may need to wait until you attend court to get a lawyer appointed, but you should remain and not answer any questions without an attorney in the meantime.

a. What if I am just a witness?

ANSWER:

If you are a witness to a crime, the police may try to ask you questions about what happened. You do not have to answer their questions and the police cannot arrest you for refusing to answer. Fifth Amendment, U.S. Constitution; Alaska Constitution, Art. 1, Section 9. If you decide to speak the police, though, you should be careful about what you say, because anything you say can be used against you or others in court. Miranda v. Arizona, 384 U.S. 436 (1966). As a witness, you are not entitled to have a lawyer present, but it is a good idea to speak with one or have one present while speaking to the police, if possible. State v. Cassell, 602 P.2d 410 (1979).

If you witness a crime, you may also be ordered to come to court to testify. The order to appear in court is called a subpoena. If you receive a subpoena, you are legally required to come to court at the time and place identified in the subpoena. Alaska Rule of Criminal Procedure Rule 17. In court, you will be asked to swear that what you are saying is true, and making a false sworn statement that you do not believe to be true is a punishable crime. Alaska Criminal Code § 11.56.200. Even if you are ordered to come to court as a witness, you still have the right to remain silent--you just cannot make untrue statements. Alaska Constitution, Art. I, Section 9; Fifth Amendment, U.S. Constitution.

• In general, police officers are expected to tell the truth when carrying out their duties, but there are situations in which police officers are permitted to use deception as a tactic to obtain information during an investigation or interrogation. For example, the police can use deception as part of an undercover operation, or lie about the strength of the case they have against you and particular evidence they have in their possession to try and get you to talk more.

a. Can the police lie to me?

ANSWER:

Police officers can deceive you during the course of their investigations, as long as they do not coerce or intimidate you into confessing. United States v. Lall, 607 F.3d 1277 (9th Cir. 2010). For example, the police may bluff and pretend that they have more information about a case than they actually do in order to obtain information or a confession. Frazier v. Cupp, 394 U.S. 731 (1969). To "deceive" can be similar to lying, because the officer can provide false or unverified information to you.

b. Do I have to tell the police the truth?

ANSWER:

As a general rule, you are not required to speak to the police--you have right to remain silent. Alaska Constitution, Art. I, Section 9; Fifth Amendment, U.S. Constitution. However, if you do speak to the police, you are obligated to tell the truth, and making false statements to the police can result in criminal charges. For example, it is a punishable crime to lie to a police officer in the following scenarios: (1) if you lie to a police officer with the intent of implicating another in an offense; (2) if you lie to a police officer concerning your identity if you are under arrest, in detention, or under investigation for a crime or you are being served with an arrest warrant or being issued a citation; or (3) if you lie to a police officer by reporting that a crime has occurred or is about to occur. Alaska Criminal Statutes §11.56.800.

REMEDIES:

In Anchorage, complaints against the police can be made to the Anchorage Police Department's Internal Affairs Unit. You can file a complaint at the police department, by phone, or by submitting a complaint form on the Anchorage Police Internal Affairs Unit's website, available here: https://www.anchoragepolice.com/internal-affairs.

If you believe your rights have been violated by a police officer, you should ask for and write down the their name and badge number. You may also want the officer's patrol car number, the name and phone numbers of any witnesses and any pictures of or medical records about any injuries you suffered.

REMEDIES:

If you feel that you have been a victim of discrimination or racism by the police, there are several steps you can take to address the issue. First, you can file a complaint against the police officers by submitting a form at the police department or online, available here: https://www.anchoragepolice.com/internal-affairs. You may also wish to consult with an attorney who specializes in civil rights law, to help you understand your legal rights and options for pursuing a legal remedy. Finally, it is important to document the incident as thoroughly as possible, which can include writing down the details of what happened, taking photos or videos, and gathering any other evidence that may be relevant. If possible, you should also write down the officer's name and badge number, patrol car number, and the name and phone numbers of any people who witnessed to the incident.

REMEDIES:

Police officers in Anchorage are not permitted to act with discrimination in their policing. P.I. 1.04.005. However, it can still occur and if you do find yourself confronted with discrimination by a police officer, it is important to remain calm and avoid escalating the interaction with the police, even if you are being treated unfairly. You should ask the officer for, and write down, the officer's name and badge number to file a complaint, which they are legally required to provide. Anchorage Police Dept. Policy, Regulations and Procedures Manual, P.I. 1.03.005I - Identification. Try to also document the incident as thoroughly as possible, which can include writing down the details of what happened, taking photos or videos, and gathering any other evidence that may be relevant. Finally, you can file a complaint against the police officers by submitting a form at the police department or online, available here: https://www.anchoragepolice.com/internal-affairs.

REMEDIES:

If you believe the police have performed an improper search or that you were improperly detained, you should ask for, and write down, the officer's name, and badge number to file a complaint. You can file a complaint at the police department, by phone, or by submitting a complaint form on the Anchorage Police Internal Affairs Unit's website, available here: https://www.anchoragepolice.com/internal-affairs.