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1.  Stopped By The Police On The Street, Now What?

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Stay calm. It is not a good idea to run. Speak carefully and clearly. It is not a good idea to touch officers. Keep your hands where the police can see them.

You are not required to answer police questions. Anything you say can be used against you in a court of law. You can request an attorney, even if you are not a US citizen.It is not a good idea to answer questions from someone who has not identified themselves as police.

It is not a good idea to resist, even if you’re innocent or you think the police are acting unfairly or unlawfully. Resisting arrest is a crime.

You are not required to identify yourself if stopped unless you are driving a motor vehicle, in which case you have to provide your driving license when requested.

The police can stop you if they have a good faith belief that you were involved in a crime. Under the Fifth Amendment right against self-incrimination, you are not required to answer questions. The law, however, requires you to give your name if requested. This means that if questioned about a crime by the police, you are not required to respond other than giving your name.

Law enforcement officers must inform you of your Miranda rights to remain silent and to have an attorney present. This means that you have a right to remain silent. Nevertheless, whether an officer engages you in an easygoing conversation or something that seems more official or serious, this information is admissible against you in a court of law. If you want to exercise this right, you would need to state your demand for an attorney clearly to the police - such as "I want an attorney."

The law says you have to "invoke" your right if you do not want to speak to police, that means you have to tell police you will not speak to them.  You can say something like: "I invoke my Miranda right to remain silent."

Or

"I want to exercise my right to remain silent." As soon as you invoke your right to remain silent, all police questioning must stop.

When walking on the street you are not required to carry an ID with you, but you are  required to tell police your legal name if they ask for it. You are required to carry and demonstrate your driver's license when being pulled over and driving a vehicle, otherwise you may be charged with driving without a license. (Mass. Gen. Laws Ann. ch. 41, § 98; Mass. Gen. Laws Ann. ch. 90, § 25).

Never resist arrest. Resisting arrest is a crime that carries a maximum penalty of two and a half years imprisonment and a $500 maximum fine (Mass. Gen. Laws ch. 268, § 32B).

Sources: 

Case law:

  • Com. v. Barreto, 483 Mass. 716 (2019) "The mere fact that an officer observes a driver's ’"nervousness and fidgeting, without more, does not warrant a belief that the safety of the officers or others is threatened."
  • Com. v. Buckley, 478 Mass. 861 (2018) Pretextual stops “Police may stop a vehicle for an observed traffic violation, even if it is actually a pretext to investigate other crimes.”
  • Com. v. Clark, 461 Mass. 336 (2012). Invoking Miranda rights by shaking head. “Defendant invoked right to remain silent by shaking head “no” in response to a question whether he wanted to speak.”
  • Com. v. German, 483 Mass. 553 (2019) Police must provide an instruction to witnesses before a showup identification. Going forward, police must instruct: "You are going to be asked to view a person; the alleged wrongdoer may or may not be the person you are about to view; it is just as important to clear an innocent person from suspicion as it is to identify the wrongdoer; regardless of whether you identify someone, we will continue to investigate; if you identify someone, I will ask you to state, in your own words, how certain you are."
  • Com. v. Gautreaux, 458 Mass. 741 (2011). Foreign national has right to consular assistance "[T]he notifications required by art. 36 [of the Vienna Convention] must be provided to foreign nationals on their arrest; and, if not provided, a challenge to the soundness of any conviction resulting therefrom may be made in a motion for a new trial. The standard to be applied in such circumstances is the substantial risk of a miscarriage of justice standard."
  • Com. v. Goncalves-Mendez, 484 Mass. 80 (2020) Allowing passenger to take custody of vehicle “When police arrest a driver, and know that a passenger is a licensed driver, they should offer the driver the option of having the passenger take the car, rather than impounding it.”
  • Com. v. Long, 485 Mass. 711 (2020) Pretextual traffic stops and racial profiling
  • Com. v. Matta, 483 Mass. 357 (2019) Seizure of a person "Rather than attempting to determine whether a reasonable person would believe he or she was free to leave, in our view, the more pertinent question is whether an officer has, through words or conduct, objectively communicated that the officer would use his or her police power to coerce that person to stay."
  • Com. v. Vasquez, 482 Mass. 850 (2019) Inadequate Spanish translation of Miranda warning led to suppression of defendant's statements.
  • Miranda v. Arizona, 384 US 436 (1966). Required warnings "When dealing with custodial interrogation, we will not presume that a defendant has been effectively apprised of his rights and that his privilege against self-incrimination has been adequately safeguarded on a record that does not show that any warnings have been given or that any effective alternative has been employed.”
  •  See also Miranda v. Arizona Explanation from National Paralegal College.

2. When Can Police Search You and Your Surroundings?

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The police are only allowed to pat you down in situations where they have a reasonable suspicion of a crime or intent to commit a crime.

You have the right to say no to searches of your car, house or other surroundings. For example, you are not required to provide your phone, password, or to unlock your phone.

You cannot be arrested for refusing to consent to a search without a warrant. If the police search you, do not physically resist, but make it clear that you do not consent to any further search.

If the officer has a warrant, you must consent to a search.

If you give your consent to a search without a warrant, any evidence found may be used against you.

The Fourth Amendment to the U.S. Constitution prevents illegal searches and seizures and is one of the most fundamental rights guaranteed to Americans. You have the right to be secure from all unreasonable searches and seizures of your person, your houses, your papers and all your possessions (Article 14 of the Massachusetts Declaration of Rights).

Nevertheless, the police may engage in "reasonable" searches. For a search to be "reasonable," law enforcement generally must have adequate reason to believe that evidence of a crime will be found there. This is referred to as probable cause. In many situations, the police must first make this showing to a judge, who will then issue a search warrant.

If you're stopped by the police, they may frisk you by performing a "pat-down" of your outer clothing to see whether you're concealing a weapon. Bear in mind that the police can perform a search without a warrant only if you don't have a "reasonable expectation of privacy" in the area to be searched. You have a reasonable expectation of privacy on your body, clothing and personal belongings (e.g. bags, purses, briefcases, phone). In these cases, you may refuse to consent to a search without a warrant. Cars have regularly been given a "lowered" expectation of privacy in U.S. law. Even if you think you have a right to privacy in your car, there's a good chance a court won't agree, so never bring anything in your car that you wouldn't mind the police seeing.

Once a warrant is obtained, police may enter the identified location and search for the items listed in the warrant. Police may sometimes expand the search beyond the warrant's specifications, such as when they spot obvious evidence of a crime in "plain view."

If you're arrested, they can perform a full-blown search of your person and immediate surroundings to ensure that you don't have any weapons, stolen items, contraband, or evidence of a crime. If the police take possession of your car, it may be searched as well.

The police may take and secure any personal property or money that you have with you after performing an inventory. The police will ask you to sign the inventory, but you should only do so if you agree with the contents of the inventory.

Evidenced discovered by an illegal search and seizure is generally inadmissible in court under what is known as the "exclusionary rule".

Sources:

Case law:

  • Collins v. Virginia, U.S. (2018) US Supreme Court held that a warrant is needed to search a car parked in a driveway at a private home. The "automobile exception" does not give an officer the right to enter a home or its curtilage to access a vehicle without a warrant.
  • Com. v. Narcisse, 457 Mass. 1 (2010) Frisk during consensual encounter "[P]olice officers may not escalate a consensual encounter into a protective frisk absent a reasonable suspicion that an individual has committed, is committing, or is about to commit a criminal offense and is armed and dangerous."
  • Com. v. Ortiz, 478 Mass. 820 (2018) Search under the hood “[U]nless it is reasonably clear that consent to search extends beyond interior of vehicle, police must obtain explicit consent be extend beneath hood.”
  • Com. v. Torres-Pagan, 484 Mass. 34 (2020) Patfrisk of driver To justify a patfrisk of a driver who has exited the car, "an officer needs more than safety concerns; he or she also must have a reasonable suspicion that the suspect is armed and dangerous."
  • Carpenter v. United States, 585 U.S. (2018) A warrant is required to obtain a suspect's historical cell phone location information. An "order issued under § 2703(d) of the [Stored Communications] Act, [18 U.S.C.S. § 2703(d)] is not a permissible mechanism for accessing historical cell-site records."

3.  Reasons Police may detain or arrest you

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You may be arrested if an officer,

  • personally observes you commit a crime;
  • suspects that you committed or are about to commit a crime;
  • has a warrant for an arrest.

You should always ask whether you are under arrest. When an officer stops you and asks you a few simple questions, this is a detention. When an officer limits your free movement in a more serious ways (e.g., using handcuffs), this qualifies as an arrest.

If you are between 14 and 18, you cannot be held in police custody for longer than 6 hours.

If a police officer personally sees you commit a crime, they may take you into custody. For example, while on street patrol, a police officer sees a purse-snatching take place. The officer can apprehend the purse-snatcher and take them to jail, based on the officer's personal observation of the theft.

The police can also arrest you if they have a reasonable belief, based on facts and circumstances, that you have committed or are about to commit a crime. This belief, known as "probable cause," may arise from any number of different facts and circumstances.

An arrest is lawful if a police officer has obtained a valid warrant. A warrant is a legal document issued by a judge or magistrate, usually after a police officer has submitted a sworn statement, that sets out the basis for taking the individual into custody. There are a variety of different types of warrants and police and other authority figures must conduct their duties within the parameters of that warrant.

The police officers must respect a person’s constitutional rights. These rights include the right to remain silent and the right to be free from unreasonable searches. If these rights are violated, a court may deem the arrest unlawful and dismiss the case. It's also possible that while the case isn't dismissed, certain evidence may be deemed inadmissible because it was discovered during an unlawful arrest.

The criminal justice process typically begins when a police officer places a person under arrest, which is when a person has been taken into police custody and is no longer free to leave or move about. This can occur when a police officer simply tells a suspect that they're "under arrest," and the suspect submits without the officer's use of any physical force. The use of physical restraint or handcuffs isn't necessary. Instead, the key is the exercise of police authority over a person, and that person's voluntary or involuntary submission.

Driving under the influence is a common example of a police officer detaining someone after observing a crime. Here's a more specific scenario: a police officer pulls over a car that's being driven erratically, administers a Breathalyser test and discovers that the driver's blood alcohol concentration is twice the state's legal limit, so the officer takes the driver into custody.

Sources:

Case law:

“It is required, however, for the police to at least provide an opportunity for the parent, attorney, or other interested adult to meet alone before questioning begins. "The ultimate question is whether the juvenile has understood his rights and the potential consequences of waiving them before talking to the police."

4.  Do Police need a warrant to arrest you?

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No. Police officers can legally arrest you without a warrant when they witness a crime being committed or have reason to suspect that a crime was committed, regardless of whether it was committed in front of them.

If the police arrest you, they also have the right to search you. Anything found during this search may be used as evidence against you.

When you are placed under arrest, the police must immediately notify a parent, caretaker or legal guardian.

You should always ask for the reason why you were stopped. The police must tell you. If the officer has a warrant, ask to see it and be clear on what kind of warrant  it is.

If the police have "probable cause," a reasonable belief that a person has committed a crime, it is unnecessary to obtain a warrant before making an arrest. However, the police must obtain a warrant when arresting a person in their home if it is for a non-serious offense and there is not a reasonable belief that the person will destroy evidence or harm the public. The arrest warrant must establish that a crime was committed, that the person named on the warrant committed the crime, and the warrant must comply with the rules of the court.

The police do not need to give the Miranda warnings before making an arrest. To use self-incriminating evidence against a person at trial, however, the police must give Miranda warnings or an equivalent warning before questioning a person.

If a juvenile is arrested without a warrant and held in custody (to include while being held at the Overnight Arrest Program) , for more than twenty-four (24) hours, he/she is entitled to a Jenkins Hearing to determine whether or not there was probable cause to make the arrest and to continue to hold the juvenile.

Sources:

Case Law:

  • Jenkins v. Chief Justice of the District Court, 416 Mass. 221, 223
  •  In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona that the police must advise people of their rights before a law enforcement officer questions those in police custody. Custody refers to the deprivation of a person's freedom of action in a significant way.

5. How do you know if you are under arrest?

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You are under police custody if you do not feel free to leave an officer's presence, or if a reasonable person in your shoes would not feel free to leave.

If the following happens, you are likely under arrest:

  • an officer handcuffs you;
  • an officer forcibly holds you down;
  • an officer puts you into the back seat of a police car; or
  • an officer warns you about your rights.

The police only have to warn you of your rights before they question you, not before arresting you.

If you don’t know whether you are under arrest, ask if you are free to leave. If the officer says no, ask why not.

You can be stopped by the police while they determine if they have reason to arrest you.

The police may not necessarily handcuff you, but you can be handcuffed for safety reasons. You should ask the officer why they are handcuffing you.

When someone is arrested, a specific series of events follows. The police must follow certain legal procedures during and after the actual arrest process in order to comply with your legal and constitutional rights. An arrest occurs when police take you into custody and you, as suspect, are no longer free to walk away from the arresting officer.

The rights are designed to protect your Fifth Amendment right to be free from self-incrimination and are read in a warning as follows:

  • You have the right to remain silent and to refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.

Sources:

Case law:

  • Diggs - Commonwealth Vs. Marcel A. Diggs. Commonwealth Vs. Damiane K. Soto. 475 Mass. 79.
  • Vellucci - on whether handcuffing is an arrest.
  • Com. v. Matta, 483 Mass. 357 (2019) Seizure of a person

"Rather than attempting to determine whether a reasonable person would believe he or she was free to leave, in our view, the more pertinent question is whether an officer has, through words or conduct, objectively communicated that the officer would use his or her police power to coerce that person to stay."

6.  What to do after being warned of your rights?

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You have the right to remain silent and the right to an attorney. You can invoke these rights by stating them to the police.

You are also able to waive your rights (not use them) by, for example, saying 'I understand my rights but am ready to talk to you.' This is not a good idea without an attorney present.

Note that Miranda rights must only be read when an individual is in police custody and under interrogation which would not apply to situations like traffic stops.

Once arrested, you'll be booked. During this part of the arrest process, the police will ask for basic information about yourself (such as your address and birthdate), and fingerprint and photograph you. You may also be asked to participate in a line-up, or provide a handwriting sample.

If you're detained but not booked within a reasonable period of time (usually several hours, or overnight) your attorney may go to a judge and obtain a writ of habeas corpus. This is an order issued by the court instructing the police to bring you before the court to determine if you're being lawfully held.

To learn more about your US law  Miranda rights to find their equivalents in all jurisdictions, visit www.mirandawarning.org.

 Sources:

7. Police questioning you

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You are not required to answer questions, make a statement or participate in a police investigation, and you never have to go anywhere with the police unless they have arrested you.

If police have arrested you and if you are under the age of 18, police are required to immediately notify your parent, caretaker or legal guardian.

Remember, in any case you have the right to remain silent and the right to have an attorney present during interrogation. Police officers must inform suspects of their Miranda rights to remain silent and to have an attorney present. As long as the suspect understood these rights as explained, statements made in subsequent interrogation may be admissible as evidence against the suspect if he or she did not clearly invoke the right to remain silent or the right to an attorney.

Even when a suspect fails to properly invoke the right to remain silent, it must be established that the suspect waived the right in order for statements made during interrogation to be admissible as evidence against the suspect. However, this waiver does not need to be explicit. Suspects can waive their right to remain silent if they proceed to make voluntary statements after being informed of and understanding their Miranda rights.

The clearest way to invoke your right to remain silent is to tell an interrogator, "I invoke my Miranda right to remain silent." The Supreme Court has determined that the statement, "maybe I should talk to a lawyer" is ambiguous and doesn't constitute an invocation. Also, while the statement, "I plan to invoke my right to silence" could be considered an invocation, it could also be interpreted to mean that you will invoke the right in the future and not at the present. After invoking your right to remain silent, police questioning must stop because the "right to counsel," embedded in the Sixth Amendment including the legality of police questioning in the absence of counsel.

Miranda v. Arizona U.S. Supreme Court decision further empowered individuals who are arrested by requiring police to inform them of their right to legal counsel.
 
 
 
 
 
 
 

Sources:

Case law:

  • Re Gault, 387 U.S.1 (1967)). Miranda rights apply to juvenile cases.
  • Commonwealth v. Juvenile, 389 Mass.128 (1983) the Supreme Judicial Court set the burden on the prosecution to prove that a statement made by a juvenile was both a knowing and intelligent waiver of the Miranda Rule. The court recognized that juveniles are quite different from adults in terms of both their full possession of their senses and their ability to recognize the consequences of making an admission to police.
  • J. D. B., Petitioner V. North Carolina, whether the age of a child subjected to police questioning is relevant to the custody analysis set out in Miranda v. Arizona. The court acknowledged that it is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave. Seeing no reason for police officers or courts to blind themselves to that common-sense reality, the Supreme Court ruled that a child’s age properly informs the Miranda custody analysis.
  • Com. v. Clark, 461 Mass. 336 (2012). Invoking Miranda rights by shaking head. Defendant invoked right to remain silent by shaking head “no” in response to a question whether he wanted to speak.
  • Com. v. German, 483 Mass. 553 (2019) Police must provide an instruction to witnesses before a showup identification. Going forward, police must instruct: "You are going to be asked to view a person; the alleged wrongdoer may or may not be the person you are about to view; it is just as important to clear an innocent person from suspicion as it is to identify the wrongdoer; regardless of whether you identify someone, we will continue to investigate; if you identify someone, I will ask you to state, in your own words, how certain you are."
  • Com. v. Gautreaux, 458 Mass. 741 (2011). Foreign national has right to consular assistance. "[T]he notifications required by art. 36 [of the Vienna Convention] must be provided to foreign nationals on their arrest; and, if not provided, a challenge to the soundness of any conviction resulting therefrom may be made in a motion for a new trial. The standard to be applied in such circumstances is the substantial risk of a miscarriage of justice standard."
  • Miranda v. Arizona, 384 US 436 (1966). Required warnings

"In dealing with custodial interrogation, we will not presume that a defendant has been effectively apprised of his rights and that his privilege against self-incrimination has been adequately safeguarded on a record that does not show that any warnings have been given or that any effective alternative has been employed." See also, Miranda v. Arizona Explanation from National Paralegal College.

8. Reporting crimes to the Police

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You have no obligation to confess to a crime and you are not required to report to the police a crime that you have witnessed or heard about.

It is never a good idea to give false information to the police. Even if you are responsible for something or have information that they want, you should consult an attorney first. Do not share it without an attorney present.

If you want to report a crime to the police you must go to the police station in the city/town closest to where the incident/offense took place, get a Police Incident Report form and fill out the form and submit the form to the police.

If you are the victim of a crime or if you witness a crime or suspicious incident, dial (800) 445-8989 within Massachusetts only and be prepared to provide as much information as possible:

  • Your name, where you are calling from, and your telephone number.
  • Persons involved—Names, sex, age, height, weight, clothing, and distinguishing characteristics (such as facial hair, scars, hair color).
  • Method and direction of travel (very important).
  • Motor vehicle registration number, type of vehicle, color, identifying features, etc.
  • Description of stolen property, and any other details that may apply.

 

 Useful webpages:
 

Massachusetts laws:

  • MGL c. 6, § 178A Right of victim of crime, witness or family member of homicide victim to obtain criminal offender record information of person accused or convicted; disclosure of other information by criminal justice agencies
  • MGL c.10, § 66 Victims of drunk driving fund
  • MGL c.12, § 11K Crime victim compensation division
  • MGL c.258B Rights of victims and witnesses of crime
  • MGL c.258C Victim compensation
  • MGL c.263A Witness protection
  • MGL c.268, § 13B Intimidation of witness, jurors and persons furnishing information in connection with criminal proceedings
  • 120 CMR 400 Victim input and notification of parole hearings and decisions
  • 120 CMR 401 Victim access hearings
  • 803 CMR 9 Victim notification registry
  • 940 CMR 14 Compensation of victims of violent crimes

Case law:

  • Commonwealth v. Gonsalves , 445 Mass. 1 (2005). Victim/Witness Statements. Most statements given to police investigating a crime may not be used at trial unless the witness can be cross-examined.
  • Commonwealth v. McGonagle, 478 Mass. 675 (2018). "We all stand equal before the bar of justice, and it is neither cruel nor unusual or irrational, nor is it violative of a defendant's due process guarantees, for a judge to listen with intensity to the perspective of a crime victim" when making a sentencing decision.
  • Commonwealth v. Potter, 39 Mass. App. Ct. 924 (1995) Intimidation of witness
  • Commonwealth v. Torres, 479 Mass. 641 (2018) Victim compensation records are  subject to normal discovery rules for confidential, third-party records

 

9.  Responding to bad treatment by the Police

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If you are being harassed by the police, there are steps you can take to address it:

  • Carefully write down each time it happens. Record the date, time, location, officer details (name, badge number, physical appearance), witnesses, conversation and actions of all participants.. Your notes will be used as the basis for any formal complaint you may file later.
  • To file a formal complaint, contact Internal Affairs by phone at (617) 343-4320 or by filling out an online form. Demand that an investigation be conducted into the officer's conduct. If you make a complaint in person, involve an adult in the process.
  • If the behavior does not stop, consider filing a civil rights lawsuit. Consult an attorney that specializes in this area.

Police officers take an oath to follow a set of rules and guidelines for dealing with the public and criminals. When they fail to follow these rules, it is referred to as police misconduct. Law enforcement officers are guilty of misconduct when they break the law, violate their oath as a police officer, or otherwise abuse their position of power. Some of the most common forms of misconduct include falsely arresting someone, falsifying evidence, imprisoning someone without cause, intimidating a witness or suspect, physically harming a suspect, profiling suspects based on race or other characteristics and sexual abuse.

Boston has created the Civilian Review Board to decide whether police conduct has occurred, and the officer or officers in question are subject to disciplinary measures at work as well, including firing and imprisonment.

Even convicted criminals have rights as private citizens to be free from police abuse and misconduct. Many people who are victims of police misconduct do not report it because they worry about police intimidation or fear that they have no legal recourse. Police misconduct cases can be tried in criminal court, as well as in civil court to award damages to the victims. The police officers may be stripped of their badge and lose their benefits. They can even be put in jail for their wrong behavior. It is important that victims of police misconduct stand up for themselves to prevent future cases of abuse by law-enforcement officers.

The best option for victims of police misconduct is to contact a law firm that is experienced in these cases. Lawyers that have a history of working with victims of police brutality, abuse and false arrest or imprisonment are better able to serve their clients and get them justice and compensation. This is because they know the laws about police brutality and are not intimidated by police officers or the police department.

Sources:

 

10. How do I contact an attorney and when?

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You should always contact an attorney before making any statements to anyone in a criminal case or investigation.

This applies even if you are told that police officers only want to question you or you are only a witness.

You should ask for an attorney as soon as you are questioned or arrested by the police, even if you cannot afford one. If you are arrested, you have the right to remain silent and to not speak until your attorney is present.

If you've been charged with a crime, an experienced attorney is critical to help manage your case and obtain the best possible outcome. Many defendants will be able to get a public defender to represent them at no cost, but others may not qualify financially or prefer to hire a private attorney.

The Municipal Court for the City of Boston established in 1974 the Marginally Indigent Defendant’s Attorneys Program (MIDA). This rule establishes a program of similar content for all District and Superior Courts.

The referral process for the appointed attorney is monitored by either the local bar association or the clerk of the District Court. The list of attorneys is comprised of those who volunteer and who are qualified to provide competent legal assistance. An established list will better ensure fairness in the distribution of appointments and will “avoid the appearance of patronage.” ABA Standards, supra § 2.3.

In determining your eligibility for the appointment of counsel under this rule, the court should consider employment status, income, obligations, dependents, etc. (G.L. c. 261, § 27C ). The final determination as to the defendant’s eligibility as marginally indigent is within the court’s discretion.

You have to make the initial contact and it is your responsibility to afford the attorney adequate time for investigation and preparation before trial. If appointed counsel chooses not to, or is unable to, represent the defendant, he is to notify you and the court.

Note that the case may proceed to trial on the set date notwithstanding the fact that the attorney has not been contacted by the accused or has been given insufficient time for preparation (Mass.R.Crim.P. 8(d)).

Sources:

Lawyers are available and what organizations a youth should contact:

11.  How do I make a complaint if I have questions or feel my rights have been violated?

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If you believe your rights have been violated, you can file a civil rights complaint online.

You need to provide information, such as the type of complaint and the name of the organization that you are filling the complaint against.

You also need to include your name and contact information. It is very important to give a detailed description about what happened with as many names and dates as you can remember.

For any further information, you may contact Attorney Generals Civil Rights Division.

If you experience discriminatory treatment you may file a complaint in person at a Massachusetts Commission Against Discrimination (MCAD) office. You can also do it by mail or phone, the important thing is that you need to explain what happened to you. Once the complaint is received and accepted by the MCAD, they will start your complaint process by launching a formal investigation.

You can file an application for criminal complaint against an officer in a state district court. If possible, get legal advice before your complaint and get a copy of any records that police hold about the incident. Note that all formal complaints must be in writing.

It is recommended to include:

  • the place, date, time and details of the incident, including the name of the officer and area command
  • how the act made you feel
  • the names of other people included
  • the list of evidences you have in support of your complaint the desired outcome for the complaint.

Sources

12.  What can you do if the police perform an improper search or in case of unlawful detention or arrest?

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You can claim that your rights have been violated by the police if:

  • The police searches or seizes your: body (e.g., you are taken into custody and/or searched); house (including the porch, garden, etc.) or hotel room; papers; or any other personal belongings without a warrant in areas where you have reasonable expectation of privacy.
  • The police officer physically entered your house, touched you, took your papers and/or personal belongings, or the officer did not respect what you could reasonably expect your privacy to be.

In case of wrongful arrest or detention you have a right to be silent, and you should use it. Remain relatively mute, unless you are experiencing pain or injury as a result of the incident.

Answer only the questions that you are required to answer, such as your name.

Do not resist arrest or use threatening physical force, even if you believe that your detention or arrest is unlawful.

If you experience unlawful search and seizures, detention or arrest, document everything. Try to document the accurate timeline of events and when each event occurred, contact information for possible witnesses and anything that was said, who said it, and who they said it to.

Documentation is important so you can provide trustworthy information and evidence in your complaint. If you, as a witness to the misconduct of a law enforcement officer, you should take notes about what you have seen and call someone immediately.

If you believe that the police performed improper search and seizure, illegal detention or arrest, you may bring a civil action against the officers in question for a violation of civil rights under 42 U.S.C. § 1983.

You may also seek the suppression of any evidence seized by police officers or incriminating statements made by the defendant because of that illegal arrest. This means that the evidence that was improperly seized could be thrown out at court, and not be used against you.

Wrongful arrest includes when:

  • the wrong person is placed under arrest;
  • an arrest is made without probable cause that the individual caused a crime;
  • an arrest is made without informing the suspect of his or her Miranda Rights;
  • an arrest is made without just cause;
  • a law enforcement officer obtains an arrest warrant by providing false information to the court;
  • an arrest is made for personal gain or based on pure malice;
  • an arrest is based on race;
  • the arrest was made with excessive force.

If you have been charged with resisting arrest, you may plead self-defense as an affirmative defense and argue that the level of force used in “resisting” the arrest was reasonable in light of the force used by the officer to effect the arrest. Finally, under the 2018 Criminal Justice Reform Act, if you have been convicted  for resisting arrest, you have the right to have those records sealed.

Note that false imprisonment and unlawful restraint, depending on the severity of the crime can be prosecuted as a misdemeanor or felony and you can seek civil claims as well for damages.

Sources:

A few opportunities with free consultation: