English
Baker Mckenzie Baker Mckenzie Alt Logo
Search by keyword or person

Hartford, Connecticut


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

expand accordion
  • Stay calm. It is not a good idea to run. Speak carefully and clearly. Anything you say can be used against you in a court of law.
  • It is not a good idea to touch the officers. Keep your hands where the police can see them.
  • It is not a good idea to resist, even if you’re innocent or if you think the police are acting unfairly or unlawfully.

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

ANSWER:

No.

You don’t have to answer any questions and the police cannot arrest you for refusing to answer. For example, if the police ask you “where are you kids coming from tonight?”, you do not have to volunteer any information. You can ask the officer if you are free to go and leave if they say yes.

If arrested, you have a right to remain silent and do not have to answer any questions. According to the Supreme Court, you have the right to remain silent and cannot be punished for refusing to respond. (Miranda v. Arizona). The police cannot use your silence against you. (Hartford Police G.O. 1.06, Hartford Police G.O. 6.17). This means that they cannot argue in court that you are guilty because you refused to talk to them or answer questions. To invoke your right to remain silent, you could tell the police officer that you do not want to respond to any questions.

Authority:

b. What if the officers do not identify themselves?

ANSWER:

There is no federal law that states that police officers have to identify themselves. However, federal courts have held that a police officer’s failure to identify themselves can be a factor in determining that actions during a stop were unreasonable. (Atkinson v. City of Mountain View; Doornbos v. City of Chicago).

In Hartford, police officers are supposed to clearly identify themselves as a law enforcement officer and, if they are not in uniform, they are supposed to announce their identity and display their departmental identification. (Hartford Police G.O. 1.06).

Authority:

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

ANSWER:

Ask the officer if you are free to go. If the officer says “yes”, then you are free to leave. Leave calmly. If the officer says “no”, then ask the office if you are under arrest. If the officer says “no”, then you are free to leave. Leave calmly.

If the officer says “yes” then tell the officer clearly that you do not want to answer any of his/her questions. If arrested, you do not have to answer any questions. According to the Supreme Court, you have the right to remain silent and cannot be punished for refusing to respond. (Miranda v. Arizona). The police cannot use your silence against you. (Hartford Police G.O. 1.06, Hartford Police G.O. 6.17). This means that they generally cannot argue in court that you are guilty because you refused to talk to them or answer questions. However, you must affirmatively invoke your right to remain silent or subsequent admissions may be used against you (Berghuis v. Thompkins). For example, to invoke your right to remain silent, you could tell the police officer that you do not want to respond to any questions.

Authority:

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

ANSWER:

The officer, even if in plain clothes, should identify himself and show his badge. In Hartford, police officers are supposed to clearly identify themselves as a law enforcement officer and, if they are not in uniform, they are supposed to announce their identity and display their departmental identification when stopping an individual. (Hartford Police G.O. 1.06).

While you do not necessarily have a legal or constitutional right to do so, depending on the situation you may be able to call 911 and ask the operator to confirm that an attempted stop is legitimate.

Authority:

G.O. 1.06 - Investigatory Stop Policy - Hartford Police - PowerDMS

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

ANSWER:

If you are being questioned but you are able to leave, you do not have a right to have a lawyer with you. If you are being questioned and you are unable to leave (i.e., you are being held in custody) you have a right to have a lawyer with you. (Fifth Amendment; Miranda v. Arizona). If you ask for a lawyer, the police must stop talking to you entirely, however, if you willingly re-engage in conversation the police may begin interrogating you again without violating your rights (Edwards v. Arizona).

Even if you are free to leave, the Fifth Amendment of the U.S. Constitution and the U.S. Supreme Court decision Miranda v. Arizona state that you have the right to remain silent when asked questions by the police and you cannot be arrested for refusing to answer. (Fifth Amendment; Miranda v. Arizona).

To invoke your right, you must clearly state that you wish to speak to an attorney and then remain silent until an attorney arrives. You have the right to a court-appointed lawyer if you or your family cannot afford a lawyer. (Miranda v. Arizona).

The fact that you asked for a lawyer cannot be used against you in court. Whether you are guilty or innocent, a lawyer can do many things to help you. A lawyer can steer you through the criminal process and help protect your rights. A lawyer is an expert in the law and the processes that you will go through. A lawyer may also think of things that you did not consider. Even if you think you didn’t do anything wrong the situation can be confusing and frightening and it is always a good idea to have someone who understands the processes on your side.

Authority:

f. If I sit down, am I resisting?

ANSWER: 

If the police proceed to arrest you, you should not resist. It is illegal to use physical force to resist an arrest by a police officer. (CT Chapter 951). If you believe the arrest is unlawful, you can report and/or legally challenge the arrest later.

Authority

https://www.cga.ct.gov/current/pub/chap_951.htm

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

ANSWER:

You should not run.

Running from the police can be treated as a misdemeanor crime called “interfering with an officer.”. If you run you could get charged with this crime even if you did nothing else wrong. (CT Chapter 952 Section 53a-167a).

Authority:

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

ANSWER:

You should not tell others to run.

If you tell others to run, you may be committing a misdemeanor crime called “interfering with an officer.” You or your advisee could get charged with this crime even if you did nothing else wrong. (CT Chapter 952 Section 53a-167a).

Authority:

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

ANSWER:

Yes.

If the officer’s language is not your first language, you should tell the officer that you need an interpreter or that you do not understand the officer. Police officers must not only give Miranda warnings but must also assess your ability to understand the rights and determine if you have freely and knowingly waived your rights. (Hartford G.O. 6.17; United States v. Garibay).

If you decide to answer any of the officer’s questions, you will waive your right to remain silent, and anything you say could be used as evidence against you in a trial in court. (Miranda v. Arizona; Berghuis v. Thompkins). However, even if you decide at first to talk to the arresting officer you can decide to stop talking or answering questions at any time.

Authority:

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

ANSWER:

Generally, yes.

Under the Fourth Amendment of the U.S. Constitution, you have a right to be protected from unreasonable searches and seizures of your person and personal effects. (Fourth Amendment). However, a police officer may stop a suspect on the street and frisk them without probable cause to arrest and without a warrant if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous.” (Terry v. Ohio).

Under Connecticut law, a law enforcement officer can ask you if he or she can search you, if he or she has reasonable and articulable suspicion that weapons, contraband, or other evidence of a crime is on you, or that the search is reasonably necessary to further an ongoing law enforcement investigation. (CT Chapter 959 Section 54-33b).

Authority:

2. When Can Police Search Your and Your Surroundings?

expand accordion
  • You have the right to say no to searches of your person.
  • You have the right to say no to searches of your car, house or other surroundings.
  • You cannot be arrested for refusing to consent to a search without a warrant.
  • A warrant is a court order so you have no choice but to consent.

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

ANSWER:

In most situations, the police need your permission to search your person or your property, including your phone. (Constitution of Connecticut).

If a police officer asks to search your phone, you can politely but clearly say that you are not comfortable sharing that with them so you do not consent to a search of your phone. You do not need to give an explanation or excuse, just tell them they do not have your permission to search your phone (or other electronic device).

In most cases, the police need a valid search warrant (court order) to take your phone or search through it for information. This also applies to any information they hope to obtain from your cell phone provider. You cannot be forced to unlock your phone for the police without a warrant unless you consent to them doing so. (Terry v. Ohio, Riley v. California, Carpenter v. US). The Fourth Amendment protects you from unreasonable searches. (Fourth Amendment, Riley v. California). In general, police officers need to have your permission or a search warrant to search your phone. (Riley v. California)

Authority:

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

ANSWER:

The Fourth Amendment protects you from unreasonable searches. (Fourth Amendment, Riley v. California). In general, police officers need to have your permission or a search warrant to search your phone. (Riley v. California). If the police ask you for the password to your phone and they don’t have a warrant, you can politely but clearly say no and that you do not consent to a search of your phone.

Even if there is a warrant that says they are allowed to search your phone, or if the police arrest you and take your phone, you still may be able to refuse to provide a password. Courts have held that the contents of an individual’s mind is protected under the Fifth Amendment. (Doe v. US, Fifth Amendment). For example, police officers generally cannot force someone to tell them a combination to a wall safe. (Doe v. US).

However, it remains unclear whether your rights under the Fourth Amendment apply to face ID or touch ID when there is a warrant or when you are arrested and your phone is seized. (Fourth Amendment).

Authority:

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

ANSWER:

If a police officer tells you to give them the password or access to your phone, you can politely but clearly say that you are not comfortable sharing that with them and you do not consent to a search of your phone. The police can’t search the information on your phone when they stop you unless they either have your permission or they have a warrant.

The Fourth Amendment protects you from unreasonable searches. (Fourth Amendment; Riley v. California). In general, police officers need to have your permission or a search warrant to search your phone. (Riley v. California).

Even if the police show you a warrant that says they are allowed to search your phone, or if the police arrest you and take your phone, you still may be able to refuse to provide a password. Courts have held that the contents of an individual’s mind is protected under the Fifth Amendment. (Doe v. US, Fifth Amendment). For example, police officers generally cannot force someone to tell them a combination to a wall safe. (Doe v. US).

However, it remains unclear whether your rights under the Fourth Amendment apply to face ID or touch ID when there is a warrant or when you are arrested and your phone is seized. (Fourth Amendment).

Authority:

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:

No. If a police officer demands your phone password from you, you can politely say that you are not comfortable sharing that with them and you do not consent to a search of your phone. The police can’t search the information on your phone when they stop you unless they either have your permission or they have a warrant.

The Fourth Amendment protects you from unreasonable searches. (Fourth Amendment, Riley v. California). In general, police officers need to have your permission or a search warrant to search your phone. (Riley v. California).

Even if there is a warrant that says they are allowed to search your phone, or if the police arrest you and take your phone, you still may be able to refuse to provide a password. Courts have held that the contents of an individual’s mind is protected under the Fifth Amendment. (Doe v. US, Fifth Amendment). For example, police officers cannot force someone to tell them a combination to a wall safe. (Doe v. US).

However, it remains unclear whether your rights under the Fourth Amendment apply to face ID or touch ID when there is a warrant or when you are arrested and your phone is seized. (Fourth Amendment).

Authority:

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

ANSWER:

See generally privacy-rights.pdf (acluct.org)

Fingerprint searches:

If you are lawfully arrested, the Fourth Amendment allows the police officers to fingerprint you. (Davis v. Mississippi :: 394 U.S. 721 (1969) :: Justia US Supreme Court Center).

In Connecticut, any person arrested by a state police officer must submit to the collection of fingerprints, a photograph, and a physical description. (CT Chapter 529, Section 29-12  - Connecticut General Statutes § 29-12 (2020) - Fingerprints, photograph and physical description of arrested persons. Regulations. :: Title 29, Chapter 529 - Division of State Police :: 2020 Connecticut General Statutes :: US Codes and Statutes :: US Law :: Justia)

If that person is not convicted, they have a right to demand the samples be returned to them. (CT Chapter 529, Section 29-15 - Connecticut General Statutes § 29-15 (2020) - Return or destruction of fingerprints, photograph and physical description. :: Title 29, Chapter 529 - Division of State Police :: 2020 Connecticut General Statutes :: US Codes and Statutes :: US Law :: Justia)

Facial Recognition

There are currently no laws in Connecticut that prevent police from using facial recognition software in investigations.

Electronic Surveillance

In order to legally use wiretaps in Connecticut, a prosecutor must file an application with a three judge panel. Wiretaps are only authorized for gambling, bribery, racketeering, manufacturing and selling narcotics or hallucinogens, and felonies involving violence. (CT Chapter 529, Section 54-41a  - Connecticut Wiretapping and Electronic Surveillance Laws - 2020 Connecticut General Statutes Title 54, Chapter 959a - Wiretapping and Electronic Surveillance :: 2020 Connecticut General Statutes :: US Codes and Statutes :: US Law :: Justia).

Connecticut police can access cell phone and internet subscriber records with “reasonable and articulable suspicion” and must notify the affected individual within 90 days of access. (CT Chapter 529, Section 54-47a - Connecticut General Statutes § 54-47aa (2020) - Ex parte order to compel disclosure of or direct application to carrier or provider for certain telephone and Internet records. :: Title 54, Chapter 960 - Information, Procedure and Bail :: 2020 Connecticut General Statutes :: US Codes and Statutes :: US Law :: Justia).

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

ANSWER:

Generally, no but there are some exceptions. You have the right to say no to searches of your person, car, house, or other property. You cannot be arrested for refusing to consent to a search without a warrant. However, police may be able to legally search your person, car, house or other property, without your consent and/or without a warrant, in certain circumstances, and you cannot intervene to prevent them from doing so.

Under the Fourth Amendment of the U.S. Constitution, you have a right to be protected from unreasonable searches and seizures of your person and personal effects, including your home and car. (Fourth Amendment).

A police officer may stop a suspect on the street and frisk them without probable cause to arrest and without a warrant if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous.” (Terry v. Ohio).

Under Connecticut law, a law enforcement officer can ask you if he or she can search you, if he or she has reasonable and articulable suspicion that weapons, contraband, or other evidence of a crime is on you, or that the search is reasonably necessary to further an ongoing law enforcement investigation. (CT Chapter 959 Section 54-33b).

Additionally, schools can authorize police to search lockers or other school property available for use by students for the presence of weapons, contraband or the fruits of a crime if (1) the search is justified at its inception (meaning there are reasonable grounds for suspecting the search will turn up evidence that the student has violated or is violating the law or the rules of the school) and (2) the search as actually conducted is reasonably related in scope to the circumstances that justified the interference in the first place (meaning the measures used are not excessively intrusive in light of your age and sex and the nature of the infraction). (CT Chapter 959 Section 54-33n).

Authority:

g. Can they take my picture or record me?

ANSWER: 

If you are in a public place or arrested, yes.

The police may watch, photograph or record you on regular cameras with ordinary zooms in public places (California v. Ciraolo). However, you have a general right to privacy when you have a reasonable expectation of privacy. (Katz v. US).

People have reasonable expectations of privacy in our person, house, vehicles, offices and in telephone calls, letters, and journals. If police need a key or password to gain entry into a space, there is a reasonable expectation of privacy in that space. Examples include cell phones, computers, bank safety deposit boxes, lockers, and luggage.

In contrast, people have no reasonable expectation of privacy in public spaces where they can be seen or conversations heard. Public places include sidewalks, venues hosting sporting events, and public parks. There is also no reasonable expectation of privacy in phone numbers dialed, the GPS location of a vehicle, electronic bank records, communications via the Internet (including e-mail, chat room or social media), files accessible through file sharing software, and information provided by customers to Internet providers (including your address).

DISCLAIMER: The above is in part based on publications by Nolo and LegalShelf and may not represent current developments in the law.

In Connecticut, any person arrested by a state police officer must submit to the collection of fingerprints, a photograph, and a physical description. (Conn. Gen. Stat. §§ 29-12).

Authority:

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

ANSWER:

The police can ask, but you are not obligated to give an answer. You don’t have to answer any questions and the police cannot arrest you for refusing to answer. (Hartford Police G.O. 1.06). For example, if the police ask you “where are you kids coming from tonight?,” you do not have to volunteer any information. However, if you do not respond the police may further observe and investigate your actions. Therefore, you should evaluate the situation and then ask the officer if you are free to go and leave if they say yes.

If arrested, you have a right to remain silent and do not have to answer any questions. According to the Supreme Court, you have the right to remain silent and cannot be punished for refusing to respond. (Miranda v. Arizona). The police cannot use your silence against you. (Hartford Police G.O. 1.06). This means that they cannot argue in court that you are guilty because you refused to talk to them or answer questions. To invoke your right to remain silent, you should tell the police officer that you do not want to respond to any questions. (Berghuis v. Thompkins).

Authority:

3. Reasons Police May Detain or Arrest You

expand accordion
  • The police may arrest you because they suspect you of committing (or having committed) a violation of the law, or if they suspect that you currently have evidence of a crime.
  • Sometimes police have a warrant for an arrest. You should be clear on what kind of warrant is being presented to you if that is the case.
  • It is a good idea to review any paper from police/warrant carefully, to ensure you understand what exactly is covered.
  • If arrested, you may be charged with a felony for a more serious crime (with potential jail time of one year or more), a misdemeanor for a less serious crime (with jail time of less than one year) or a violation.
  • 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.

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

ANSWER:

The police can ask, but you are not obligated to give an answer. You don’t have to answer any questions and the police cannot arrest you for refusing to answer. (Hartford Police G.O. 1.06). For example, if the police ask you “where are you kids coming from tonight?,” you do not have to volunteer any information. However, if you do not respond the police may further observe and investigate your actions. Therefore, you should evaluate the situation and then ask the officer if you are free to go and leave if they say yes.

If arrested, you have a right to remain silent and do not have to answer any questions. According to the Supreme Court, you have the right to remain silent and cannot be punished for refusing to respond. (Miranda v. Arizona). The police cannot use your silence against you. (Hartford Police G.O. 1.06). This means that they cannot argue in court that you are guilty because you refused to talk to them or answer questions. To invoke your right to remain silent, you should tell the police officer that you do not want to respond to any questions. (Berghuis v. Thompkins).

Authority:

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

ANSWER:

No, you do not need to correct the officer.

You have the right to remain silent. You don’t have to answer any questions and the police cannot arrest you for refusing to answer. For example, if the police ask you “where are you kids coming from tonight?,” you do not have to volunteer any information. However, if you do not respond the police may further observe and investigate your actions. Therefore, you should evaluate the situation and then ask the officer if you are free to go and leave if they say yes.

If arrested, you have a right to remain silent and do not have to answer any questions. According to the Supreme Court, you have the right to remain silent and cannot be punished for refusing to respond. (Miranda v. Arizona). The police cannot use your silence against you. (Hartford Police G.O. 1.06). This means that they cannot argue in court that you are guilty because you refused to talk to them or answer questions. To invoke your right to remain silent, you should tell the police officer that you do not want to respond to any questions. (Berghuis v. Thompkins).

Authority:

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

ANSWER:

You can decline or end a consensual police encounter and you do not have to agree to talk to them if you are not the victim or witness of a crime.

You have the right to remain silent and don’t have to answer any questions and the police cannot arrest you for refusing to answer. For example, if the police ask you “where are you kids coming from tonight?”, you do not have to volunteer any information. However, if you do not respond the police may further observe and investigate your actions. Therefore, you should evaluate the situation and then ask the officer if you are free to go and leave if they say yes.

If arrested, you have a right to remain silent and do not have to answer any questions. According to the Supreme Court, you have the right to remain silent and cannot be punished for refusing to respond. (Miranda v. Arizona). The police cannot use your silence against you. (Hartford Police G.O. 1.06). This means that they cannot argue in court that you are guilty because you refused to talk to them or answer questions. To invoke your right to remain silent, you should tell the police officer that you do not want to respond to any questions. (Berghuis v. Thompkins).

Authority:

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. In both situations you do not have to talk to the police.

You have the right to remain silent and don’t have to answer any questions and the police cannot arrest you for refusing to answer. For example, if the police ask you “where are you kids coming from tonight?”, you do not have to volunteer any information. However, if you do not respond the police may further observe and investigate your actions. Therefore, you should evaluate the situation and then ask the officer if you are free to go and leave if they say yes.

If arrested, you have a right to remain silent and do not have to answer any questions. According to the Supreme Court, you have the right to remain silent and cannot be punished for refusing to respond. (Miranda v. Arizona). The police cannot use your silence against you. (Hartford Police G.O. 1.06). This means that they cannot argue in court that you are guilty because you refused to talk to them or answer questions. To invoke your right to remain silent, you should tell the police officer that you do not want to respond to any questions. (Berghuis v. Thompkins).

Authority:

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

expand accordion

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:

You have the right to say no to searches of your person, car, house, or other property. You cannot be arrested for refusing to consent to a search without a warrant. However, police may be able to legally search your person, car, house or other property, without your consent and/or without a warrant in certain circumstances and you cannot intervene to prevent them from doing so. (Arizona v. Gant; Riley v. United States).

Under the Fourth Amendment of the U.S. Constitution, you have a right to be protected from unreasonable searches and seizures of your person and personal effects, including your home and car. (Fourth Amendment).

A police officer may stop a suspect on the street and frisk them without probable cause to arrest and without a warrant if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous.” (Terry v. Ohio).

The police may also search you without a warrant if given consent to search you. (Davis v. United States).

Under Connecticut law, a law enforcement officer can ask you if he or she can search you, if he or she has reasonable and articulable suspicion that weapons, contraband, or other evidence of a crime is on you, or that the search is reasonably necessary to further an ongoing law enforcement investigation. (CT Chapter 959 Section 54-33b).

Additionally, schools can authorize police to search lockers or other school property available for use by students for the presence of weapons, contraband or the fruits of a crime if (1) the search is justified at its inception (meaning there are reasonable grounds for suspecting the search will turn up evidence that the student has violated or is violating the law or the rules of the school) and (2) the search as actually conducted is reasonably related in scope to the circumstances that justified the interference in the first place (meaning the measures used are not excessively intrusive in light of your age and sex and the nature of the infraction). (CT Chapter 959 Section 54-33n).

Authority:

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

ANSWER:

There is no difference between giving police information voluntarily or not. The police can ask you questions, but you do not have to answer any questions the officers ask.

You have the right to remain silent and don’t have to answer any questions and the police cannot arrest you for refusing to answer. For example, if the police ask you “where are you kids coming from tonight?”, you do not have to volunteer any information. You can ask the officer if you are free to go and leave if they say yes.

If arrested, you have a right to remain silent and do not have to answer any questions. According to the Supreme Court, you have the right to remain silent and cannot be punished for refusing to respond. (Miranda v. Arizona). The police cannot use your silence against you (Hartford Police G.O. 1.06). This means that they cannot argue in court that you are guilty because you refused to talk to them or answer questions. To invoke your right to remain silent, you could tell the police officer that you do not want to respond to any questions.

Authority:

5. Do Police Need A Warrant To Arrest You?

expand accordion
  • No. Police officers can legally arrest you without a warrant in several circumstances:
    • When the crime is committed in front of the police officers; or
    • When the officer has probable cause (reason to suspect) that the suspect committed a felony, whether or not the act was done in front of them.

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

ANSWER:

Yes.

In general, police can come up and talk to you whenever they want to but you do not have to answer their questions. You have the right to remain silent under the Fifth Amendment. (Fifth Amendment, Miranda v. Arizona). Thus, you don’t have to answer any other questions and the police cannot arrest you for refusing to answer.

Authority:

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

ANSWER:

Yes.

To clarify why you are being stopped you can ask “am I free to go?”  If the officer says no, you can ask “am I under arrest?”

In general, police can come up and talk to you whenever they want to but you do not have to answer their questions. You have the right to remain silent under the Fifth Amendment. (Fifth Amendment, Miranda v. Arizona). Thus, you don’t have to answer any other questions and the police cannot arrest you for refusing to answer.

Authority:

U.S. Constitution - Fifth Amendment :: Congress.gov :: Library of CongressMiranda v. Arizona :: 384 U.S. 436 (1966) :: Justia US Supreme Court Center

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

ANSWER:

While you may speak, you also do not have to make any statements and can chose to remain silent. You have the right to remain silent under the Fifth Amendment. (Fifth Amendment, Miranda v. Arizona). Thus, you don’t have to answer any other questions and the police cannot arrest you for refusing to answer.

You can ask if you and the other person are free to leave. If the officer says yes, you can both calmly and silently walk away.

Authority:

U.S. Constitution - Fifth Amendment :: Congress.gov :: Library of CongressMiranda v. Arizona :: 384 U.S. 436 (1966) :: Justia US Supreme Court Center

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

ANSWER:

You may file a complaint but you should not take action in the moment.

If you believe the stop is unjustified, you should ask for, and write down, the officer’s name and badge number. Other helpful information you may want: the officer’s patrol car number the name and phone numbers of any bystanders, and any pictures of or medical records about any injuries you suffer.

To file a complaint against a Hartford, CT police officer, you can use the following link: File a Complaint against a Hartford Police Officer. Complaints can be filed online, over the phone, in-person, or by mail. If you need to file a complaint against state police or resident state troopers you will need to contact the Connecticut State Police Headquarters instead. (Connecticut Police Complaints).

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

ANSWER:

Yes, an officer must provide his department identification card for you to look at if you ask him. (Hartford Police Procedures). 

The officer, even if in plain clothes, should identify himself and show his badge. In Hartford, police officers are supposed to clearly identify themselves as a law enforcement officer, and, if they are not in uniform, they are supposed to announce their identity and display their departmental identification when stopping an individual. (Hartford Police G.O. 1.06).

Authority:

6. How Do You Know If You Are Under Arrest?

expand accordion
  • 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 under the law:
    • 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.
  • An officer only has to warn you of your rights before the police question you. This means an officer can arrest you before warning you of your rights.
  • An arrest without rights warnings is still a valid arrest; it just may mean that evidence collected from it is not admissible in court later.

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

ANSWER:

If you are unsure if you are being arrested or detained, you may ask police officers whether you are free to leave.

You may leave if the officer says you are free to leave. If the officer says “no,” you are likely in custody. If the officer asks any questions after that point, the officer is required to provide you with your “Miranda Rights,” which include the right to remain silent, that any statement you make may be used as evidence against you, and that you have the right to have an appointed or chosen attorney present. (Miranda v. Arizona).

If the police do decide to arrest you, they must tell you what you are being arrested for. If they indicate you are not free to leave, politely ask, “Officer, what am I being arrested for?”

Authority:

b. What is the difference between detention and arrest?

ANSWER:

You should always ask an officer if you are being “arrested or detained.”

If you are under arrest, the police should tell you your “Miranda Warning” or “Miranda Rights,” which means they need to tell you your rights, including the right to remain silent and the right to a lawyer. (Miranda v. Arizona).

You can invoke your “Miranda Rights” at any time during questioning. In other words, even if you engage with the police and reply to some of their questions, they are required to stop questioning you as soon as you clearly state that you are invoking your right to remain silent and your right to a lawyer. If you talk to the police after asking for an attorney, the information you provide may be used against you.

The police must have “probable cause” to arrest you. In order to “stop” or “detain” you, the police only need a “reasonable suspicion” that you may have been involved in a violation of law or ordinance. If you are detained, you are likely to be held for a shorter period of time than if you are arrested. (Terry v. Ohio, Hartford Police G.O. 1.06).

Authority:

c. If I am handcuffed, am I arrested?

ANSWER:

Not necessarily.

The Connecticut Supreme Court determined that handcuffing and removing the defendant to a secure location one-half block away from the gathering crowd does not mean that the defendant is under arrest. But the court agreed with the defendant’s position that the police may not bring him to the police station as part of an investigative detention. The court concluded that it would not be within the narrow scope of a permissible investigative stop to handcuff and transport a detainee to a police station solely for the purpose of interrogation (State v. Nash; State v. Edwards).

Authority:

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

ANSWER:

Not necessarily.

The Connecticut Supreme Court determined that handcuffing and removing the defendant to a secure location one-half block away from the gathering crowd does not mean that the defendant is under arrest. But the court agreed with the defendant’s position that the police may not bring him to the police station as part of an investigative detention. The court concluded that it would not be within the narrow scope of a permissible investigative stop to handcuff and transport a detainee to a police station solely for the purpose of interrogation (State v. Nash; State v. Edwards).

You can always ask “am I free to leave?” and, if the answer is no, “am I under arrest?” You can also always decline to answer questions beyond your name and identifying information. If you are under arrest, you also have the right to request a lawyer.

Authority:

7. What To Do After Being Warned of Your Rights

expand accordion
  • You can use your right to remain silent or any of your other rights (e.g., the right to an attorney) by saying that you want to use that right.
  • You are also able to waive your rights (that is, not use them) by, for example, saying ‘Yes, I understand my rights but I am ready to talk to you.’  This is not a good idea without a lawyer present.
  • Make sure you know what you’re doing in giving up your rights

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

ANSWER:

Being “read your rights” is a requirement of police officers prior to asking you questions when you being taken into custody. (Miranda v. Arizona).

If the police fail to read you your rights, any statements you make may not be allowed in court. (Miranda v. Arizona). Therefore, it’s important to notice whether or not the police actually read you your rights.

To invoke your right to remain silent, you must affirmatively state that you wish to remain silent, and then remain silent. To invoke your right to an attorney, you must affirmatively state that you wish to speak to an attorney and then remain silent.

Authority:

Miranda v. Arizona :: 384 U.S. 436 (1966) :: Justia US Supreme Court Center

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 the Miranda rights to you. (Miranda v. Arizona).

If you are being questioned and you are unable to leave, no matter where you are, the police officer must read you your Miranda rights. (Miranda v. Arizona).

Authority:

Miranda v. Arizona :: 384 U.S. 436 (1966) :: Justia US Supreme Court Center

8. Police Questioning You

expand accordion
  • You are not required to make a statement, answer police questions 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.

a. Am I required to make a statement?

ANSWER:

No.

You have the right to remain silent under the Fifth Amendment as well as under Connecticut law. (CT Section 46b-137, Miranda v. Arizona, Fifth Amendment). Thus, you don’t have to answer any other questions and the police cannot arrest you for refusing to answer.

To invoke your right to remain silent, you must tell the police officer that you do not want to respond to any questions. Remember, anything you say even after invoking your right to remain silent can be used against you.

Authority:

b. Must police notify my guardian?

ANSWER:

Yes.

If you are under the age of 16, any statement you make to a police officer can only be used as evidence if your parent or guardian is with you and both you and your parent or guardian have been told your Miranda rights. (CT Section 46b-137, Hartford Police G.O. 6.06).

If you are age 16 or 17, any statement you make to a police officer generally can only be used as evidence if the police made reasonable efforts to contact your parent or guardian, told you that you have the right to contact your parent/guardian, and have your parent or guardian with you during any interview and other rights. (CT Section 46b-137, Hartford Police G.O. 6.06).

Authority:

c. Must I confess?

ANSWER:

No.

You have the right to remain silent under the Fifth Amendment and Miranda laws. (Fifth Amendment, Miranda v. Arizona). To invoke your right to remain silent, you must tell the police officer that you do not want to respond to any questions. Remember, anything you say even after invoking your right to remain silent can be used against you.

Authority:

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

ANSWER:

You can request to have your lawyer or a parent or guardian with you. 

If you are under the age of 16, any statement you make to a police officer can only be used as evidence if your parent or guardian is with you and you, and your parent or guardian have been told your Miranda rights. (CT Section 46b-137, Hartford Police G.O. 6.06).

If you are age 16 or 17, any statement you make to a police officer generally can only be used as evidence if the police made reasonable efforts to contact your parent or guardian, told you that you have the right to contacts your parent/guardian, and have them with you during any interview and other rights. (CT Section 46b-137, Hartford Police G.O. 6.06).

Authority:

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

ANSWER:

Your parent or guardian. 

If you are under the age of 16, any statement you make to a police officer can only be used as evidence if your parent or guardian is with you, and you and your parent or guardian have been told your Miranda rights. (CT Section 46b-137).

If you are age 16 or 17, any statement you make to a police officer generally can only be used as evidence if the police made reasonable efforts to contact your parent or guardian, told you that you have the right to contacts your parent/guardian, and have them with you during any interview and other rights. (CT Section 46b-137).

Authority:

Chapter 815t - Juvenile Matters (ct.gov)

9. How do I Contact A Lawyer and When?

expand accordion
  • You should always contact a lawyer before making any statements to anyone in a criminal case or investigation.
  • This applies even if you are told that (i) police officers only want to question you and/or (ii) you are only a witness.
  • While you do have to wait until you attend court to get a lawyer appointed if you cannot afford your own lawyer, you should still ask for a lawyer as soon as you are questioned or arrested by the police. If you are arrested, you have the right to remain silent and to not speak until your lawyer is present.

 a. What if I am just a witness?

ANSWER:

If you are a witness to a crime, the police may ask you questions about what happened. You don’t have to answer any other questions and the police cannot arrest you for refusing to answer. You can politely decline to make a statement. (Miranda v. Arizona).

You may be ordered to come to court to testify by a written order called a subpoena. If you receive a subpoena, you must attend the court hearing as described in the subpoena. (CT Chapter 960 Section 54-47f; CT Chapter 959 Section 54-2a). In court, you will be asked to swear or affirm that what you say is true. This is also called testifying under oath. It is important to know that if you testify under oath, you must not lie.

Authority:

10. Do Police Always Have To Tell The Truth?

expand accordion
  • No. The police may lie to you during the course of an investigation, including lying about the strength of the case they have against you and particular evidence they have in their possession.
  • Sometimes police will lie to try and get you to talk more.

a. Can the police lie to me?

ANSWER:

Likely yes.

Police officers can deceive you during the course of their investigation, which typically occurs during an interview or interrogation. “Deceive” can be similar to lying, as the officer can provide false or unverified information to you. (Frazier v. Cupp). Police are also allowed to use bluffing as a tactic to try and trap you, for example, by pretending that they have more information than you think. (Frazier v. Cupp)

That said, the Connecticut Supreme Court has recognized that there is a common public interest in the integrity and trustworthiness of local police forces. (Town of Stratford v. Am. Fed. & Mun. Emps). 

Authority:

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

ANSWER:

Yes.

Depending on the nature and circumstances of the lie, lying to the police could be a crime. For example, it is a crime to give a false statement (a written statement made under oath or on a form stating that false statements are punishable), if you know it is not true and you intend to mislead a public servant in their official duties. (C.G.S. Section 53a-157b).

As a note, you do not have to answer questions the police ask because you have the right to remain silent. (Fifth Amendment; Miranda v. Arizona). However, remember, anything you say even after invoking your right to remain silent can be used against you.

Authority:

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

expand accordion

REMEDIES:

You may make a Citizen Complaint online, by email, over the telephone, in-person or by mail.

Online:
Citizen Complaint forms are available at www.hartford.gov/police. 

Email:
You may email the commander of Internal Affairs at PoliceIAD@Hartford.gov

Telephone:
You may call 860-757-4030 or 860-757-9789 between the hours of 8:00 A.M. - 4:00 P.M.

In-person:
You may go in-person between the hours of 8:00 A.M. - 4:00 P.M. to the Hartford Police Headquarters located at:
Hartford Public Safety Complex,
253 High Street
Hartford, CT

Mail:
You may mail a letter to one or both of these addresses:
The Commander of Internal Affairs
The Hartford Police Department
253 High Street
Hartford, CT 06103

or

City of Hartford Office of Human Relations, Suite 303,
Hartford City Hall
550 Main Street
Hartford, CT 06103

Authority:

12. What if I feel I was a victim of discrimination or racism?

expand accordion

REMEDIES:

If you believe you have suffered from discrimination or racism by a police officer, you should write down the officer’s name and badge number to file a complaint. You may make a Citizen Complaint and/or consult with a lawyer. You may make a Citizen Complaint online, by email, over the telephone, in-person or by mail.

Online:
Citizen Complaint forms are available at www.hartford.gov/police.

Email:
You may email the commander of Internal Affairs at PoliceIAD@Hartford.gov

Telephone:
You may call 860-757-4030 or 860-757-9789 between the hours of 8:00 A.M. - 4:00 P.M.

In-person:
You may go in-person between the hours of 8:00 A.M. - 4:00 P.M. to the Hartford Police Headquarters located at:
Hartford Public Safety Complex,
253 High Street
Hartford, CT

Mail:
You may mail a letter to one or both of these addresses:
The Commander of Internal Affairs
The Hartford Police Department
253 High Street
Hartford, CT 06103

or

City of Hartford Office of Human Relations, Suite 303,
Hartford City Hall
550 Main Street
Hartford, CT 06103

Authority:

13. How can I respond to circumstances involving discrimination?

expand accordion

REMEDIES:

If you believe you have suffered discrimination by a police officer, you should write down the officer’s name and badge number to file a complaint. You may make a Citizen Complaint and/or consult with a lawyer. You may make a Citizen Complaint online, by email, over the telephone, in-person or by mail.

Online:
Citizen Complaint forms are available at www.hartford.gov/police.

Email:
You may email the commander of Internal Affairs at PoliceIAD@Hartford.gov

Telephone:
You may call 860-757-4030 or 860-757-9789 between the hours of 8:00 A.M. - 4:00 P.M.

In-person:
You may go in-person between the hours of 8:00 A.M. - 4:00 P.M. to the Hartford Police Headquarters located at:
Hartford Public Safety Complex,
253 High Street
Hartford, CT

Mail:
You may mail a letter to one or both of these addresses:
The Commander of Internal Affairs
The Hartford Police Department
253 High Street
Hartford, CT 06103

or

City of Hartford Office of Human Relations, Suite 303,
Hartford City Hall
550 Main Street
Hartford, CT 06103

Authority:

14. What can you do if the police perform an improper search? Or I was improperly detained?

expand accordion

REMEDIES:

If you feel as if your rights have been violated, you may make a Citizen Complaint and/or consult with a lawyer. You may make a Citizen Complaint online, by email, over the telephone, in-person or by mail.

Online:
Citizen Complaint forms are available at www.hartford.gov/police.

Email:
You may email the commander of Internal Affairs at PoliceIAD@Hartford.gov

Telephone
You may call 860-757-4030 or 860-757-9789 between the hours of 8:00 A.M. - 4:00 P.M.

In-person
You may go in-person between the hours of 8:00 A.M. - 4:00 P.M. to the Hartford Police Headquarters located at:
Hartford Public Safety Complex,
253 High Street
Hartford, CT

Mail
You may mail a letter to one or both of these addresses:
The Commander of Internal Affairs
The Hartford Police Department
253 High Street
Hartford, CT 06103

or

City of Hartford Office of Human Relations, Suite 303,
Hartford City Hall
550 Main Street
Hartford, CT 06103

Authority: