New York City, NY

• 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 have the right to remain silent and are not required to answer questions asked by a police officer. Cooperating with the police may help the situation by answering basic questions (such as your name and your parent's contact information), but you are not required to speak to the police.

People v. Dunbar, 22 N.Y.3d 1100 (2014)

Florida v. Royer, 460 U.S. 491, 497 (1983)

Miranda v. Arizona, 384 U.S. 436 (1966)

www.homelessyouth.org

b. What if the officers do not identify themselves?

ANSWER:

In New York City, an officer should identify themselves. If they do not, you can ask for more information. Officers should also explain why they are speaking with you. When the police officer is finished speaking with you, they should provide you with a business card.

https://www1.nyc.gov/site/ccrb/complaints/right-to-know-act.page

https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=1681129&GUID=F650527A-AA60-49DB-8A02-97E9C4A0CBDE;

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

ANSWER:

You have the constitutional right to remain silent. Even if you do not feel free to walk away from the officer, you still do not have to speak with them. You cannot be punished for refusing to answer a question. You may ask the officer if you are under arrest or being detained. If the officer says no, then you have the right to walk away and not answer more questions.

Remember: Don't bad-mouth a police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest. Stay calm, keep your hands visible (not in pockets) and try to keep the situation calm.

Florida v. Royer, 460 U.S. 491, 497 (1983)

https://www1.nyc.gov/site/ccrb/investigations/nypd-patrol-guide.page

https://www1.nyc.gov/assets/ccrb/downloads/pdf/investigations_pdf/pg212-11-stop-frisk.pdf

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

ANSWER:

You can ask the officer to show you their badge and identify themselves first. If they do not have their badge and are unable to identify themselves you can remain silent and not share any information that would get you in trouble.

Under the Right to Know Act, if the officer reasonably believes there is criminal activity, officers are required to identify themselves and offer a business card with their name and shield number.

Further information can be found at the following link:

https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=1681129&GUID=F650527A-AA60-49DB-8A02-97E9C4A0CBDE; https://www1.nyc.gov/site/ccrb/complaints/right-to-know-act.page

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

ANSWER:

Yes. You have a constitutional right to remain silent. You also have the right to have a lawyer present when you are being questioned by the police, and you can tell this to the police. If you cannot afford a lawyer, the government is required to find one for you. The police must honor your request to wait for a lawyer and to stop questioning you, if you request one.

Miranda v Arizona, 384 US 436, 467 (1966)

People v. Dunbar, 22 N.Y.3d 1100 (2014)

In re Gault, 387 U.S. 1 (1967)

f. If I sit down, am I resisting?

ANSWER:

If you sit or go limp, but do not take any other action, this is usually not considered resisting arrest. Make sure your hands are visible and empty, and do not take any action that may be viewed as harming or attempting to harm an officer.

It is against the law to prevent or attempt to prevent a police officer from arresting you, even if you believe that you are innocent. Actively resisting arrest can result in other criminal charges against you. Some examples of actively resisting arrest include:

• pulling away from police officers
• spitting
• fighting, pushing, or shoving

People v. McDaniel, 154 Misc. 2d 89 (N.Y. App. Term 1992) (defendants who sat and went limp after being arrested for participation in antiabortion demonstration, requiring police to carry them away, could not be convicted of resisting arrest or obstruction of governmental administration in the second degree since their conduct did not prevent police from making the authorized arrest).

N.Y. Penal Law § 205.30

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

ANSWER:

We do not recommend running away, even if your friends run away. You can stay calm and ask the police if you are free to go. Running from the police could cause the situation to get worse or give the police a reason to use force.

Tennessee v. Garner, 471 U.S. 1 (1985)

NY Penal Law § 270.25 (attempting to run away in a motorized vehicle may be illegal).

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

ANSWER:

If you tell another person to run, you can be charged with resisting arrest.

NY Penal Law § 205.30

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

ANSWER:

In New York, to waive your rights, your words or actions should show that you knowingly, intelligently and voluntarily waived your Miranda rights. Telling the officer that you don't understand him does not mean that you waive your rights.

Example: If you tell the officer that you don't understand him because English is not your first language and just stop at that, that is not you waiving your Miranda rights.

https://www1.nyc.gov/site/ccrb/complaints/right-to-know-act.page#:~:text=Right%20to%20Know%20Act%20overview&text=The%20first%20outlines%20New%20York,the%20beginning%20of%20certain%20interactions ("As is required in all encounters, including when seeking consent for a search, officers are instructed to use language interpretation services pursuant to the NYPD's language access plan prior to the search. This can include the use of bilingual officers and telephonic interpretation.").

People v Tan Lin Jhu, 2018 NY Slip Op 50752

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

ANSWER:

Yes. The police may stop and briefly detain you only if there is reasonable suspicion that you committed, are committing, or are about to commit a crime. If you did not do anything, the police may stop you even if they only have a reasonable suspicion that you may be involved in a crime. You should ask if you are under arrest or free to leave.

• 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:

The police cannot search your phone without a warrant or without your agreement to let them search your phone. You have a right to say no to them if they ask to search your phone.

Riley v. California, 573 U.S. 373

NY CLS CPL § 690.35

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

ANSWER:

You are not required to provide the police with the password to your phone. Generally, it is a good idea to password-protect your phone and keep it out of view of the police.

Even if you are arrested, the police must first obtain a warrant (a court order from a judge) before searching (logging in to) your phone.

Riley v. California, 573 U.S. 373 (2014)

New York Electronic Communications Privacy Act (NY-ECPA, A1895A/S6044)

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

ANSWER:

In Riley v. California, the Supreme Court found that when law enforcement officers seize a cell phone in connection to a lawful arrest, they must first obtain a warrant prior to searching the phone. However, similar decisions have yet to be produced in New York, and so you may still encounter officers who attempt to get you to allow them to access your phone. In this situation, you should comply but calmly assert that you do not consent to the search.

Riley v. California, 573 U.S. 373 (2014)

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 do not need to give the police the password to your device. The police need a warrant in order to access your phone.

Riley v. California, 573 U.S. 373 (2014)

New York Electronic Communications Privacy Act (S4996)

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

ANSWER:

Police can monitor anything that people knowingly expose to the public with many different kinds of technology. Police use of technology not generally available to the public requires a warrant (a court order signed by a judge). The police also need a warrant to get your phone gps tracking information.

Katz v. United States, 389 U.S. 347 (1967)

Kyllo v. United States, 533 U.S. 27 (2001) (use of thermal imaging device needed a warrant).

United States v. Jones, 565 U.S. 400 (2012)

Carpenter v. United States, 138 S. Ct. 2206 (2018) ("A majority of this court has already recognized that individuals have a reasonable expectation of privacy in whole of their physical movements.").

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

ANSWER:

Police can search your backpack or other items that are near you if:

• you are being arrested
• they have a warrant (court order signed by a judge) to search you
• you give consent and say that it is okay for them to search you

If you're on the subway, you have the same rights to decline for police to search you and your possessions. However, you may then be required to stop your journey and leave the MTA system. If the police officer says they have a warrant, ask to see it.

https://www.smileylaw.com/blog/police-authorized-to-inspect-bag-right-to-refuse

https://www.nyclu.org/en/know-your-rights/what-do-if-youre-stopped-police

g. Can they take my picture or record me?

ANSWER:

Yes. As a constitutional right, anyone can take photographs and videos of things that are visible in public spaces.

https://www.acludc.org/en/know-your-rights/if-stopped-photographing-public#:~:text=Taking%20photographs%20and%20video%20of,officials%20carrying%20out%20their%20duties.

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

ANSWER:

Yes, they can ask. But you don't have to respond. You have a constitutional right to remain silent. If you wish to exercise your right to remain silent, saying that out loud does not mean you are giving up your right to stay silent. The officer does not have to tell you why you are being asked that information.

https://www1.nyc.gov/assets/ccrb/downloads/pdf/investigations_pdf/pg212-11-stop-frisk.pdf

https://www1.nyc.gov/site/ccrb/complaints/right-to-know-act.page#:~:text=Right%20to%20Know%20Act%20overview&text=The%20first%20outlines%20New%20York,the%20beginning%20of%20certain%20interactions.)

• 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:

Whether you did something illegal or not, you have a constitutional right to remain silent. You can always ask to speak to a lawyer, even if the police have not arrested you. Answering basic questions (like your name, your parents' names and contact information, and your age) might help during a tense encounter with police.

Miranda v Arizona, 384 US 436, 467 (1966)

In re Gault, 387 U.S. 1 (1967)

https://www.nysenate.gov/newsroom/in-the-news/michael-gianaris/police-routinely-read-juveniles-their-miranda-rights-do-kids

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

ANSWER:

You have the constitutional right not to answer questions, even if the police are investigating a crime. It might reduce tension to give the police officer basic information (your name, age, your parents' contact information). If you have been harmed by your parent or guardian, you may ask to speak to Child Protective Services (CPS). You may also ask for an attorney to represent you if your parent or guardian or another adult has harmed you.

Police Officers are allowed to lie to you or hide information from you. If you are under arrest, it is likely the better option to ask for your attorney and remain silent.

You are not required to correct the police. It is your decision to decide to correct them. If you know about another person's intent or plan to commit a very serious crime, or that a serious crime already occurred, you can be charged with a crime for withholding that information. If you are concerned that this might be the case, you can ask an adult, parent, or attorney that you trust.

https://www.wklaw.com/knowing-about-a-crime-and-not-saying-anything/

https://www.criminaldefenselawyer.com/resources/can-police-question-a-child-who-has-witnessed-or-been

In re Gault, 387 U.S. 1 (1967)

https://www.nysenate.gov/newsroom/in-the-news/michael-gianaris/police-routinely-read-juveniles-their-miranda-rights-do-kids; Miranda v Arizona, 384 US 436, 467 (1966)

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

ANSWER:

You have a constitutional right to remain silent, even if you do not feel free to walk away from the interaction with the officer. It is a good idea to speak with an attorney before you answer questions asked by the police. You may answer basic questions in order not to escalate the situation, but understand that anything said by you may eventually be used against you.

https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-questioning

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:

You cannot be arrested for refusing to answer questions, however, the police can use any information they gain from you before an arrest in order to determine if an arrest is appropriate. Those statements may also later be used in court. If you are arrested, your responses to questions may also be used against you in court.

http://www.mirandarights.org/prearrestquestioning.html

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 a constitutional right to not be searched by the police. This right can only be taken away in two situations:

1. If the police officer has a good reason to search you, your phone, or your backpack. Some example situations where a police officer may search you without your consent:
   • If they have a warrant (a court order signed by a judge) that allows them to search you
   • If you have been arrested.
   • If you or someone else tells the officer that you have a weapon, or if you have something that looks like a weapon in your hand or pocket.
2. If you give up (waive) that right by agreeing to the officer's request to search you. If an officer is asking you for consent to search, it is likely because they do not have the right to conduct a search without your consent. An officer cannot arrest you for simply refusing to consent to a search.

https://www1.nyc.gov/assets/ccrb/downloads/pdf/investigations_pdf/pg212-75-search-warrant-applications.pdf

https://www1.nyc.gov/site/ccrb/investigations/nypd-patrol-guide.page

https://www1.nyc.gov/assets/ccrb/downloads/pdf/investigations_pdf/pg212-11-stop-frisk.pdf

https://www1.nyc.gov/assets/ccrb/downloads/pdf/investigations_pdf/pg208-05-strip-search.pdf

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

ANSWER:

Whether or not you are arrested, you have a constitutional right to remain silent. If you answer police questions prior to any arrest, those answers may be used to determine if it is possible to arrest you. If you answer police questions after you are arrested, your right to remain silent may be considered to be voluntarily given up (waived) by you and those responses may be used in court against you. It is important to talk to an attorney before you answer questions by the police following an arrest.

https://www.aclu.org/know-your-rights/stopped-by-police#ive-been-arrested-by-the-police

• 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:

No. The police can stop you and ask you about a suspected crime where they have a "reasonable suspicion" that a crime has taken place. To "arrest" you, police officers require more than a reasonable suspicion; rather, they require "probable cause" under the Fourth Amendment, or in other words, where there is a reasonable basis for believing that a crime may have been committed or when evidence of the crime is present in the place to be searched. If you are in doubt about whether you can leave, ask the police officer if you are under or arrest or if you are free to go.

Terry v Ohio, 392 US 1 (1968)

https://www.nyclu.org/sites/default/files/field_documents/kyroverhaul-nyclu-stoppedbypolice-onepager-v01.pdf

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

ANSWER:

Yes. Ask if you are under arrest or if you are free to leave. In New York City, officers are required to identify themselves and tell you why they stopped you.

https://www.nyclu.org/en/know-your-rights/what-do-if-youre-stopped-police

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

ANSWER:

If you answer questions by the police prior to an arrest, they may be considered voluntarily given to the police, and those answers may be used to determine if you or your friend should be arrested. If there is an arrest, those responses may be used as evidence during trial. You should invoke your right to remain silent and request to speak to an attorney prior to answering questions by the police other than those about basic information (such as your name, address, and your parents' contact information).

http://www.mirandarights.org/prearrestquestioning.html

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

ANSWER:

Cooperate with police so you do not escalate the situation, but remember that you should invoke your right to remain silent if they ask you any questions about anything other than basic information (such as your name, address, and your parents' contact information). You should write down what you remember about the interaction, including any badge numbers, any patrol car numbers, and what particular agency those officers work for. If there is anyone else around who witnessed the event, you should attempt to get their contact information.

In New York, if you feel your rights have been violated, you can file a complaint with the Civilian Complaint Review Board (CCRB) online or by calling 800-341-2272.

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

ANSWER:

Yes, the Right to Know Act gives you the right to request a business card at the end of an interaction with their name and shield number on it, and the police are required to provide that to you. In some interactions, they are required to provide that information to you without you requesting it.

If an officer refuses to provide you with a business card when it is required, or when you ask, file a complaint with the NYC Civilian Complaint Review Board.

• 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:

You should ask if you are under arrest or free to leave.

https://www.nyclu.org/sites/default/files/field_documents/kyroverhaul-nyclu-stoppedbypolice-onepager-v01.pdf

b. What is the difference between detention and arrest?

ANSWER:

The police may only detain you for a limited period of time in order to determine whether a crime is being committed, was committed, or is about to be committed. They may only detain you for a reasonable amount of time according to the particular circumstances of events. If you are arrested, the police may hold you for a more prolonged period of time and you may be transported to a different location. Generally , a warrant is required for an arrest unless it was made under emergency circumstances and there exists a reasonable belief that you are guilty of a crime.

Terry v Ohio, 392 US 1 (1968)

c. If I am handcuffed, am I arrested?

ANSWER:

Not necessarily. You may be handcuffed but not arrested in circumstances where you are being detained. You should ask the police officer if you are under arrest.

Muehler v. Mena, 544 U.S. 93 (2005)

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

ANSWER:

Not necessarily. The police may restrict your liberty for a reasonable period of time during a detention if they have reasonable suspicion a crime was committed or is about to be committed. You should ask the police officer if you are under arrest.

• 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:

The Miranda rights reading protects your right to remain silent and your right to an attorney during any post-arrest questioning by police. If you volunteer answers to the police after being read those rights, those rights may be considered to be given up by you (waived), and any answers given by you may be used against you in court. You are always free to invoke your right to an attorney or your right to remain silent, even after you've waived them.

http://www.mirandarights.org/postarrestquestioning.html

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

ANSWER:

The police are required to inform you of your rights after your arrest but prior to any formal questioning. It does not necessarily matter where they are read to you.

• 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:

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.

https://www.nyclu.org/sites/default/files/field_documents/kyroverhaul-nyclu-stoppedbypolice-onepager-v01.pdf

b. Must police notify my guardian?

ANSWER:

Yes. Police are required to notify parents or legal guardians when a juvenile offender has been arrested.

https://www.nycourts.gov/courthelp/criminal/RTA.shtml#:~:text=Raise%20the%20Age%20requires%20the,notice%20of%20rights%20as%20well.

c. Must I confess?

ANSWER:

No. You have the right to remain silent. You should speak to an attorney before making any potentially incriminating statements to the police.

https://www.nyclu.org/sites/default/files/field_documents/kyroverhaul-nyclu-stoppedbypolice-onepager-v01.pdf

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

ANSWER:

You may ask that your parent or legal guardian be with you and that an attorney representing you is also present.

https://codes.findlaw.com/ny/family-court-act/fct-sect-305-2/#:~:text=An%20officer%20may%20take%20a,of%20the%20criminal%20procedure%20law.

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

ANSWER:

Police are required to notify parents or legal guardians when a juvenile offender has been arrested.

• 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:

You should always contact a lawyer before making any statements to anyone in a criminal case or investigation, even if you are just a witness.

• 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:

Yes. Police can lie, make false claims, or hide information. The best course of action is usually to remain silent and ask to speak with an attorney.

Frazier v. Cupp, 394 U.S. 731 (1969)

https://innocenceproject.org/police-deception-lying-interrogations-youth-teenagers/#:~:text=When%20people%20are%20brought%20in,for%20them%20to%20do%20so.

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

ANSWER:

Yes. Lying to the police can result in criminal charges. You can (and probably should) remain silent and ask to speak to an attorney.

If you know about another person's intent or plan to commit a very serious crime, or that a serious crime already occurred, you can be charged with a crime. If you are concerned that this might be the case, you can ask an adult, parent, or attorney that you trust.

Frazier v. Cupp, 394 U.S. 731 (1969)

https://www.wklaw.com/knowing-about-a-crime-and-not-saying-anything/

https://www.nysenate.gov/legislation/laws/PEN/240.50

https://www.nysenate.gov/legislation/laws/PEN/240.55

https://www.nysenate.gov/legislation/laws/PEN/240.60

REMEDIES:

In New York, if you feel your rights have been violated, you can file a complaint with the Civilian Complaint Review Board (CCRB) online or by calling 800-341-2272.

REMEDIES:

In New York, if you feel you were a victim of discrimination or racism, you can file a complaint with the Civilian Complaint Review Board (CCRB) online or by calling 800-341-2272.

REMEDIES:

Cooperate with police to the extent necessary so that you do not escalate the situation, but maintain your rights, including the right to remain silent if they ask you about anything other than basic information (such as your name and address, and your parents' contact information). Try to write down as much information as possible about the situation, the officers involved, and any witnesses, including getting witness contact information. You can file a complaint with the Civilian Complaint Review Board (CCRB) online or by calling 800-341-2272.

https://www.nyclu.org/sites/default/files/field_documents/kyroverhaul-nyclu-stoppedbypolice-onepager-v01.pdf

https://www.nyclu.org/en/know-your-rights/what-do-if-youre-stopped-police

REMEDIES:

Cooperate with police to the extent necessary so that you do not escalate the situation, but maintain your rights, including the right to remain silent if they ask you about anything other than basic information (such as your name and address, and your parents' contact information). Try to write down as much information as possible about the situation, the officers involved, and any witnesses, including getting witness contact information. After the event has concluded, you should contact your parent or legal guardian, as well as an attorney in order to determine if there are any legal options you can take to remedy the situation. You can also file a complaint with the Civilian Complaint Review Board (CCRB) online or by calling 800-341-2272.

https://www.nyclu.org/en/know-your-rights/what-do-if-youre-stopped-police

https://www.nyc.gov/site/ccrb/complaints/file-complaint.page

https://www.nyc.gov/assets/ccrb/downloads/pdf/about_pdf/outreach/publications/police-encounter_eng.pdf