San Francisco California

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

Stay calm. It is not a good idea to run, to resist, or to leave the scene of an interview, even if you are innocent or think the police are acting unfairly or unlawfully. It is also not a good idea to touch the officers. Keep your hands where the police can see them.

Even without any reason to think that you have done something wrong, a police officer may have the right to approach you to ask questions, ask for identification, and ask for permission to search you or your objects (such as backpack, purse, or any other belongings). Police generally have the right to stop an individual and ask them questions about a suspected crime where they have a "reasonable suspicion" that the individual has committed a crime or is about to commit a crime (meaning they do not need to be certain that a crime has taken place to stop an individual and ask them questions, they just need to "point to specific and articulable facts" that the individual has committed or is about to commit a crime). (Terry v. Ohio, 392 US 1).

Even though police may stop you and ask you questions, you do not have to answer questions from the police or give permission for searches. If you want to remain silent, you should say so out loud. One may say, "Officer, I want to invoke my right to be silent." If you decide to answer questions from the police, speak carefully and clearly. Anything you say can be used against you in a court of law, so any statements you make to the officer could be later introduced as evidence against you if you are being prosecuted for a crime. If you are not sure of what statements to make, remain silent and ask to speak to a lawyer.

Before walking away from the police, it is a good idea to make sure that the officer is not going to arrest you. You can say, "officer, I'd prefer not to talk to you right now, as I am not under arrest, can I leave?" If the officer says that you are not free to leave, even if they are not arresting you, it's generally a good idea to remain at the scene and let the court figure out whether the officer had the right to detain you at a later time.

While a police officer generally requires reasonable suspicion to stop and ask you questions, they require a "probable cause," or a reasonable basis to believe that a crime was committed, to place you under arrest (unless they have a warrant). In other words, police may have the right to stop you and ask you questions when they reasonably suspect a crime has been committed or will be committed, however, they require a probable cause to place you under arrest.

Generally, if you ask police whether you are free to leave the encounter and they respond that you are not free to leave, you may be considered under arrest. Remain silent and ask to speak to a lawyer.

[Legal Source: Terry v. Ohio, 392 US 1 (1968); Berghuis v. Thompkins, 560 U.S. 370 (2010) ("after giving a Miranda warning, police may interrogate a suspect who has neither invoked nor waived his or her Miranda rights"); United States v. Drayton, 536 U.S. 194 (2002) ("If a reasonable person would feel free to terminate the encounter, then he or she has not been seized")]

Know Your Rights- Youth in San Francisco, SF PD

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

You cannot be arrested for refusing to answer questions asked by police.

But, even if you are placed under arrest or in police custody (e.g., you are placed in a police car), you have the right to remain silent when being questioned by police and the right to speak to a lawyer (Miranda v. Arizona, 384 US 336 (1996)). You should evoke these rights as soon as you are arrested or placed in police custody by telling them that you no longer wish to answer any questions from police without a lawyer present. Even if you do not have a lawyer, you can still request to speak to one (one will be appointed to you) and avoid answering any questions of an investigative nature from police if you do not want to answer questions.

[Legal Source: Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty., 542 U.S. 177 (2004) ("the Fourth Amendment itself cannot require a suspect to answer questions"); Miranda v. Arizona, 384 US 336]

National Center for Youth Law- CA Miranda Rights

b. What if the officers do not identify themselves?

You can ask police to identify themselves by asking for their name and department, badge or nameplate. In California, any uniformed peace officer must wear a badge, nameplate, or other device that bears clearly on its face the identification number/name of the officer. However, in general, police officers aren't legally obligated to disclose their identities or the agencies they're affiliated with.

[Legal Source: California Penal Code, s. 830.10]

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

If an officer begins speaking to you and asks you questions, you do not have to answer and have the right to remain silent. In general, you do not have to talk to police officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail (Miranda v. Arizona, 384 US 336 (1996)). You cannot be punished for refusing to answer a question, and it's a good idea to talk to a lawyer before agreeing to answering questions. Remember that any statements you make to police can be introduced as evidence against you in your trial or hearing in court after they read you your Miranda Rights.

[Legal Source: Miranda v. Arizona, 384 US 336 (1966); Fifth Amendment to the U.S. Constitution]

National Center for Youth Law- CA Miranda Rights

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

If a police officer is not in uniform and you suspect that he or she is a police officer, you can ask them to identify themselves, but the undercover officer is not legally required to tell you whether they are an officer. Police officers wearing plain clothes are only obligated to reveal their identity when they are using their police powers (e.g., asking you questions of an investigative nature or placing you under arrest).

When a police officer in plain clothes is using their police powers, they are required to wear a badge, nameplate, or other device that bears clearly on its face the identification number/name of the officer. In some limited cases, if you end up being charged with a crime after you were arrested by a police officer who didn't disclose his or her identity to you, you may not be held responsible if the police officer pressured, harassed or coerced you to commit a crime while undercover. However, this can be difficult to prove.

[Legal Source: California Penal Code, s. 830.10]

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

If you are arrested, or are in police custody, and police begin to ask you questions of an investigative nature (e.g., questions that could trigger an incriminating answer from you), the officer must tell you about your Miranda Rights, which includes the right to an attorney. Even if they don't tell you, you can exercise all these rights. If you are unsure whether you are in police custody or under arrest to obtain these rights, ask the police officer if you are free to leave.

You can ask for a lawyer right away, even if you do not know a lawyer, have a lawyer, or cannot afford a lawyer. It is a good idea to repeat this request to every officer who tries to talk to or question you. If possible, try to have your request documented or recorded. You do not have to tell the police anything except your name, as anything else you say can and will be used against you. It is always a good idea to talk to a lawyer before you decide to answer any questions from police.

Within a reasonable amount of time after your arrest or booking, you have the right to a phone call. Police officers may not listen to a call you make to your lawyer, but they can listen to calls you make to other people. Be mindful that what you say on calls with people who are not your lawyer could potentially be used against you by police in court proceedings.

After you've been arrested, you must be taken to a judge as soon as possible—generally within 48 hours of your arrest at the latest.

[Legal Source:Miranda v. Arizona, 384 U.S. 436 (1966); California Penal Code Section 851.5(a)(1) ("an arrested person has the right to make at least three completed telephone calls"); California Penal Code Section 851.5(b)(1) ("[an arrested person's call with an attorney] shall not be monitored, eavesdropped upon, or recorded"); California Penal Code Section 825(a)(1) ("the defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after his or her arrest").]

f. If I sit down, am I resisting?

If you sit down, you need to make it clear that you are not obstructing them from doing their job. However, if a police officer has said you are under arrest and is attempting to hand-cuff you, attempting to sit down may be seen as resisting police. Before you sit down, you should ask an officer so that you seem cooperative. It may be illegal and dangerous to not cooperate with orders of police: specifically, in California, any person who willfully resists, delays, or obstructs any public/peace officer when they are doing their job can be penalized with a fine or imprisonment. This may also include and apply to minors.

If you have done nothing wrong, it is preferable to remain silent, cooperate with police, and immediately request to speak to a lawyer if you are arrested or brought to a station.

[Legal Source: California Penal Code Section § 148 (a)(1) ("Every person who willfully resists, delays, or obstructs any public officer, peace officer… in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.")]

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

No. If you have been stopped in a group and some kids run, do not run. Do not resist or obstruct the police, even if you are innocent or police are violating your rights. If you do, you may be charged with resisting a police officer, even if you have done nothing wrong. It could also be extremely dangerous to run from police, even if you have done nothing wrong, as police may be entitled to use force against you if you run.

If you are not under arrest, you do have the right to leave, but ask the officer if you are free to go and if so, calmly walk away.

[Legal Source: California Penal Code § 148 (a)(1) ("Every person who willfully resists, delays, or obstructs any public officer, peace officer… in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.")]

https://www.aclunc.org/our-work/know-your-rights/know-your-rights-police-interactions

https://studentlegal.dasa.ncsu.edu/interacting-with-a-police-officer/

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

No. You should not tell others that are with you to run from a police officer either. If so, you may be charged with obstructing an officer, even if you didn't run yourself. Obstructing a police investigation in pursuit of others can also be held against you. If your siblings and/or friends are arrested or brought into a police station, advise them to remain silent and request to speak to a lawyer immediately (even if they do not have a lawyer/do not have the funds to afford one, as one can be provided for them).

[Legal Source: California Penal Code §148 (a)(1) ("Every person who willfully resists, delays, or obstructs any public officer, peace officer… in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.")]

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

Yes. You are entitled to ask for an interpreter if the officer's language is not your first language. Federal agencies and programs are required to ensure that citizens have meaningful access to their programs, which includes receiving services in the language you speak. The more important a service is to someone's life, the greater the obligation the agency has to provide information in the language you request.

[Legal Source: Title VI of the 1964 Civil Rights Act (1964), Lau v Nichols, 414 US 563 (1974), Executive Order 13166 (2000)]

Know Your Rights- Youth in San Francisco, SF PD

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

The police may temporarily detain you (e.g., stop to ask you questions) in a public place if they have "reasonable suspicion" (an objective reason to suspect) that you have been involved in a crime. The police may arrest you under the following conditions:

Pursuant to a warrant;
- It is a good idea to review any paper from police/warrant carefully to ensure you understand.
Without a warrant, either
- If there's reason to believe that you have committed a public offense in their presence;
- If there's reason to believe that the you committed an assault or battery against certain victims (for example, your current or former spouse, fiancé, fiancée, someone who lives or lived with you, a person you're dating, have dated, are engaged to, or have been engaged to, or your child);
- When you have in fact committed a felony;
- If there's reason to believe that you committed a felony, whether or not a felony has been committed;
- When an officer is responding to a call alleging a violation of a domestic violence protective order or restraining order and the officer has probable cause to believe that the person against whom the order is issued has notice of the order and has violated the order; or
- If there's reason to believe that the you have committed the crime of carrying a concealed firearm within an airport, in an area to which access is controlled by the inspection of persons and property.

There are also other less common reasons for the police to arrest someone. If you are 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.

[Legal Source: California Penal Code § 836]

2. When Can Police Search Your and Your Surroundings?

You have the right to say no to searches of your person, car, house, or other surroundings, unless the police have either a warrant or your consent (permission). You cannot be arrested for refusing to a search without a warrant. Police can also generally search you or your surroundings if it is in connection with a lawful arrest.

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

Generally, a police officer is not allowed to search your cellphone unless they ask for your permission or they have a search warrant. If a police officer asks to see your phone and you do not want them to search your phone, you can ask them whether they have a search warrant. If they do not have a search warrant, you can politely tell them that you do not want them to search your phone. If they do have a search warrant, you have a right to see the warrant and make sure it's valid. You should check your name, whether your cell phone is on the list, whether it has been signed by a judge, and the deadline for when the search must take place.

However, if you are placed under arrest for a crime, your cell phone and other personal items may be taken away from you until you are released. Police officers may also keep you phone until they are able to obtain a search warrant.

[Legal Source: Riley v California, 573 U.S. 373]

https://www.enkanter.com/article/can-police-search-your-phone-california

California Penal Code- Chapter 3 [1523-1542.5]

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

If a police officer asks for the password to your phone and you do not want them to search your phone, you do not have to give them your password unless they have a search warrant that specifically states they're allowed to search your phone. A police officer is not allowed to search your cell phone unless they ask for your permission or they have a search warrant, especially if it is locked. If they do not have a search warrant, you can politely tell them that you do not want them to search your phone and will not provide them with your password. If they do have a search warrant, you have a right to see the warrant and make sure it's valid. You should check your name, whether your cell phone is on the list, whether it has been signed by a judge, and the deadline for when the search must take place.

[Legal Source: Riley v California, 573 U.S. 373]

https://www.enkanter.com/article/can-police-search-your-phone-california

California Penal Code- Chapter 3 [1523-1542.5]

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

If a police officer asks for the password to your phone and you do not want them to search your phone, you do not have to give them your password unless they have a search warrant. A police officer is not allowed to search your cellphone unless they ask for your permission or they have a search warrant. If they do not have a search warrant, you can politely tell them that you do not want them to search your phone. If they do have a search warrant, you have a right to see the warrant and make sure it's valid. You should check your name, whether your cell phone is on the list, whether it has been signed by a judge, and the deadline for when the search must take place.

[Legal Source: Riley v California, 573 U.S. 373]

https://www.enkanter.com/article/can-police-search-your-phone-california

California Penal Code- Chapter 3 [1523-1542.5]

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?

You do not have to give a police officer your device password if they demand it from you and you are not under arrest and they don't have a search warrant allowing them to access your locked phone. Generally, a police officer is not allowed to search your cellphone unless you give them permission, or if they have a search warrant. If they do not have a search warrant, you can politely tell them that you do not want them to search your phone. If they do have a search warrant, you have a right to see the warrant and make sure it's valid. You should check your name, whether your cell phone is on the list, whether it has been signed by a judge, and the deadline for when the search must take place (as warrants can expire).

[Legal Source: Riley v California, 573 U.S. 373]

https://www.enkanter.com/article/can-police-search-your-phone-california

California Penal Code- Chapter 3 [1523-1542.5]

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

Local and state police in California have used "cell-site simulator technology," which have been highly controversial. Stingrays, or "cell site simulators"/"IMSI catchers" are invasive cell phone surveillance devices that mimic cell phone towers and send out signals to trick cell phones in the area into transmitting their locations and identifying information. When used to track your cell phone, they also gather information about the phones of countless bystanders who happen to be nearby.

Using cell site simulators to find the whereabouts of your specific cell phone can reveal your potentially sensitive location, including somewhere like your home. Even when a cell site simulator is used to locate someone else's phone, it solicits identifying information from phones nearby including yours. They may also interfere with nearby cellphones' connection to the cellular network, meaning they can affect not only the intended target but also bystanders.

Recently, an appeal court in Maryland held the Fourth Amendment (unreasonable search and seizures) prevents the use of a cell-site simulator (commonly known as a Stingray) without a warrant. It's unclear if the state of California will make similar ruling.

[Legal Source: State of Maryland v. Kerron Andrews]

https://atlasofsurveillance.org/search?utf8=%E2%9C%93&location=california&technologies%5B90%5D=on

https://www.aclu.org/issues/privacy-technology/surveillance-technologies/stingray-tracking-devices-whos-got-them

https://www.aclu.org/issues/privacy-technology/surveillance-technologies/stingray-tracking-devices

San Francisco Police Department- Surveillance Technology Policies

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

No, they can only search you or your property if:

You give them permission to search you or your property
They have a valid search warrant from a judge, or
The police have an excuse to search you even though they do not have a warrant, such as:
- Finding you in a public place and having "reasonable suspicion" (an objective reason to suspect) that you have been involved in a crime and that you might be armed and dangerous, and they can pat down the outside of your clothing;
- Lawfully arresting you, in which case the police can look for weapons that might be used against them or for criminal evidence that might otherwise be destroyed;
- Conducting an inspection search, like at an international border;
- Having "probable cause" to believe a car contains evidence of a crime, in which case they can search the car;
- Obvious evidence of a crime being in "plain view" while the police are conducting an otherwise lawful search;
- An emergency situation where a search is necessary to prevent physical harm or serious property damage, or to locate a fleeing suspect; or
- The person being searched having no reasonable expectation of privacy.

If they search you without a warrant and the situation does not fall within any of the exceptions above, you can clearly say, "I do not consent to a search." If they keep searching anyway, do not physically resist them.

[Legal Source: Schneckloth v. Bustamonte, 412 U.S. 218, 219 (1973) (voluntary consent to search); Chimel v. California, 395 U.S. 752, 762-63 (1969) (search incident to lawful arrest); United States v. Arnold, 523 F.3d 941, 945 (9th Cir. 2008) (inspection search); Carroll v. United States, 267 U.S. 132, 155 (1925) (automobile exception); Horton v. California, 496 U.S. 128, 136 (1990) (plain view exception); People v. Ray (1999) 21 Cal. 4th 464, 472 (community caretaking exception); Terry v. Ohio, 392 U.S. 1, 30-31 (1968) (stop and frisk); People v. Parson(2008) 44 Cal. 4th 332, 345 (no reasonable expectation of privacy).]

California Penal Code- Chapter 3 [1523-1542.5]

g. Can they take my picture or record me?

Yes- although the State of California has very strict wiretapping laws where both parties need to consent to videotaping or recording a conversation, this does not apply to law enforcement personnel or to public spaces. Therefore, law enforcement are allowed to legally record conversations they are not a part of. They can then use this evidence in criminal prosecutions.

[Legal Source: California Law Penal Code § 632]

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

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

If you are asked questions after an arrest and you are 16 years old or younger, the police must allow you to talk to a lawyer before questioning, unless the police are seeking information to protect life/property from a threat.

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

If you are not driving a vehicle and the police ask you for identification, you do not have to provide it unless you are under arrest. If you are driving a vehicle, you are required to show your driver's license, registration and proof of insurance, if asked.

[Legal Source:

California Welfare & Institutions Code, Section 627.5: "In any case where a minor is taken before a probation officer pursuant to the provisions of Section 626 and it is alleged that such minor is a person described in Section 601 or 602, the probation officer shall immediately advise the minor and his parent or guardian that anything the minor says can be used against him and shall advise them of the minor's constitutional rights, including his right to remain silent, his right to have counsel present during any interrogation, and his right to have counsel appointed if he is unable to afford counsel. If the minor or his parent or guardian requests counsel, the probation officer shall notify the judge of the juvenile court of such request and counsel for the minor shall be appointed pursuant to Section 634.

California Welfare & Institutions Code, Section 625.6: "Prior to a custodial interrogation, and before the waiver of any Miranda rights, a youth 17 years of age or younger shall consult with legal counsel in person, by telephone, or by video conference. The consultation may not be waived" except where "The officer who questioned the youth reasonably believed the information the officer sought was necessary to protect life or property from an imminent threat." and "The officer's questions were limited to those questions that were reasonably necessary to obtain that information."

California Welfare & Institutions Code, Section 627: "(a) When an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement pursuant to this article, he shall take immediate steps to notify the minor's parent, guardian, or a responsible relative that such minor is in custody and the place where he is being held. (b) Immediately after being taken to a place of confinement pursuant to this article and, except where physically impossible, no later than one hour after he has been taken into custody, the minor shall be advised and has the right to make at least two telephone calls from the place where he is being held, one call completed to his parent or guardian, a responsible relative, or his employer, and another call completed to an attorney. The calls shall be at public expense, if the calls are completed to telephone numbers within the local calling area, and in the presence of a public officer or employee. Any public officer or employee who willfully deprives a minor taken into custody of his right to make such telephone calls is guilty of a misdemeanor.

California Vehicle Code, Section 12951(b): "The driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code."

California Vehicle Code, Section 16028(a): "upon the demand of a peace officer … every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made."

California Vehicle Code, Section 4462(a): "The driver of a motor vehicle shall present the registration or identification card or other evidence of registration of any or all vehicles under his or her immediate control for examination upon demand of any peace officer."

Article I, Section 13, of the California Constitution: "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized."]

3. Reasons Police May Detain or Arrest You

Generally, police can arrest you if they have a warrant or "probable cause" that you committed a crime (i.e., more than just a hunch that you committed a crime). There must be a reasonable suspicion that is supported by relevant facts/evidence.

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's a good idea to review any paper from police carefully to ensure you understand exactly what's being said.

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?

No. You are not required to make a statement, answer police questions, or participate in a police investigation. You never have to go anywhere with the police unless they have arrested you. If you are asked questions after an arrest and you are 16 years old or younger, the police must allow you to talk to a lawyer before questioning, unless the police are seeking information to protect life or property from an imminent threat.

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

Police may not search your person or belongings without your consent, unless they have a search warrant from a judge, or unless a special exception applies. Even if you say you do not consent, police might do a search without your consent anyway. For example, police may pat down your clothing if they suspect a weapon. Though refusing consent may not stop the officer from carrying out the search against your will, voicing your objection to the search before or during the search can help preserve your rights in any later legal proceeding.

[Legal Source:

California Vehicle Code, Section 12951(b): "The driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code."

California Vehicle Code, Section 16028(a): "upon the demand of a peace officer … every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made."

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

No, you do not have to correct them, even if you know they are wrong. Anything you say to a law enforcement officer can be used against you and others. Therefore, you should be cautious about what you say to a police officer until you have had a chance to speak to a lawyer, even if you think something they are investigating is wrong.

[Legal Source: Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty., 542 U.S. 177 (2004) ("the Fourth Amendment itself cannot require a suspect to answer questions"); Miranda v. Arizona, 384 US 336].

National Center for Youth Law- CA Miranda Rights

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

If an officer begins speaking to you and asks you questions, you do not have to answer and have the right to remain silent. In general, you do not have to talk to police officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions. In general, only a judge can order you to answer questions.

National Center for Youth Law- CA Miranda Rights

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?

Whether or not you are under arrest, you do not have to speak to police. If you are not arrested, you can ask if you are being held and decide not to answer their questions. If you are under arrest, your Miranda Rights grant you the right to remain silent. Neither a search warrant or an arrest warrants means that you have to answer any questions by police. Anything you say to a law enforcement officer can be used against you and others. Keep in mind that lying to a government official is a crime but remaining silent until you consult with a lawyer is not. Even if you have already answered some questions, you can refuse to answer other questions until you have a lawyer.

California Penal Code- Chapter 5 [899.851.93]

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

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

Police are only allowed to search you or your belongings if you agree (consent) to the search, and if you do not agree to a search, then they're only allowed to search you/your property in specific circumstances, such as:

They have a valid search warrant from a judge, or
The police have an excuse to search you even though they do not have a warrant, such as:

Finding you in a public place and having "reasonable suspicion" (an objective reason to suspect) that you have been involved in a crime and that you might be armed and dangerous, in which case they can pat down the outside of your clothing;
Getting your voluntary permission;
Lawfully arresting you, in which case the police can look for weapons that might be used against them or for criminal evidence that might otherwise be destroyed;
Conducting an inspection search, like at an international border;
Having "probable cause" to believe a car contains evidence of a crime, in which case they can search the car;
Obvious evidence of a crime being in "plain view" while the police are conducting an otherwise lawful search;
An emergency situation where a search is necessary to prevent physical harm or serious property damage, or to locate a fleeing suspect; or
The person being searched having no reasonable expectation of privacy.

If they search without a warrant and the situation does not fall within any of the exceptions, you can clearly say, "I do not consent to a search." If they keep searching anyway, do not physically resist them.

[Legal Source: Schneckloth v. Bustamonte, 412 U.S. 218, 219 (1973) (voluntary consent to search); Chimel v. California, 395 U.S. 752, 762-63 (1969) (search incident to lawful arrest); United States v. Arnold, 523 F.3d 941, 945 (9th Cir. 2008) (inspection search); Carroll v. United States, 267 U.S. 132, 155 (1925) (automobile exception); Horton v. California, 496 U.S. 128, 136 (1990) (plain view exception); People v. Ray (1999) 21 Cal. 4th 464, 472 (community caretaking exception); Terry v. Ohio, 392 U.S. 1, 30-31 (1968) (stop and frisk); People v. Parson (2008) 44 Cal. 4th 332, 345 (no reasonable expectation of privacy).]

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

You are not required to make a statement, answer police questions, or participate in a police investigation. You never have to go anywhere with the police unless they have arrested you. If you are asked questions after an arrest and you are 16 years old or younger, the police must allow you to talk to a lawyer before questioning, unless the police are seeking information to protect life or property from an imminent threat.

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

If you give police information voluntarily, they can use it as evidence in future court proceedings. However, as noted above, you are generally not required to give police information or answer their questions if you do not want to without having a lawyer present.

[Legal Source:

California Vehicle Code, Section 12951(b): "The driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code."

Article I, Section 13, of the California Constitution: "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized."]

If you are arrested, the officer must tell you about your rights to remain silent, to an attorney, and to have an attorney appointed if you cannot afford one (your Miranda Rights). You can exercise all these rights even if the officers don't tell you about them. You do not have to answer any questions or volunteer any information. You can ask for a lawyer right away. It is a good idea to repeat this request to every officer who tries to talk to or question you. You do not have to tell the police anything except your name. Anything else you say can and will be used against you. It is a good idea to always talk to a lawyer before you decide to answer any questions.

After you've been arrested, you must be taken to a judge as soon as possible—generally within 48 hours of your arrest at the latest.

[Legal Source: Miranda v. Arizona, 384 U.S. 436 (1966); California Penal Code, Section 851.5(a)(1) ("an arrested person has the right to make at least three completed telephone calls"); California Penal Code, Section 851.5(b)(1) ("[an arrested person's call with an attorney] shall not be monitored, eavesdropped upon, or recorded"); California Penal Code, Section 825(a)(1) ("the defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after his or her arrest").]

5. Do Police Need A Warrant To Arrest You?

Generally, no, but they do only in specific 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 (this generally requires the police to have more than a 'hunch' you committed a felony; some evidence must exist).

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

The police may temporarily detain you in a public place if they have "reasonable suspicion" (an objective reason to suspect) that you have been involved in a crime, even if you did not do anything.

The police may arrest you under the following conditions:

If they have a warrant;
- It is a good idea to review any paper from police/warrant carefully, to ensure you understand what exactly is covered.
Without a warrant, either
- If there's reason to believe that you have committed a public offense in their presence;
- If there's reason to believe that the you committed an assault or battery against certain victims (for example, your current or former spouse, fiancé, fiancée, someone who lives or lived with you, a person you're dating, have dated, are engaged to, or have been engaged to, or your child);
- When you have in fact committed a felony;
- If there's reason to believe that you committed a felony, whether or not a felony has been committed;
- When an officer is responding to a call alleging a violation of a domestic violence protective order or restraining order and the officer has probable cause to believe that the person against whom the order is issued has notice of the order and has violated the order; or
- If there's reason to believe that the you have committed the crime of carrying a concealed firearm within an airport, in an area to which access is controlled by the inspection of persons and property.

[Legal Source: California Penal Code, Section 836].

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

Yes. The police must have a specific reason to approach and question you. If you are approached and questioned, the police can pat you down over the outside of your clothing if they have reason to suspect that you are armed and dangerous or engaged in criminal activity. You do not have to answer any questions besides identifying who you are and showing a government-issued ID.

After the interaction, you will either be free to leave or under arrest. Ask the officer clearly if you are free to leave or if you are under arrest. If you are free to leave, consider just walking away calmly. Never physically interfere with an officer, even if you feel they are illegally stopping you. If you feel you are illegally stopped and/or searched, verbally object to the stop and/or search and immediately call an attorney. Police generally need a "reasonable suspicion," which means that "the police officer must be able to point to specific and articulable facts" that the individual has committed or is about to commit a crime (Terry v. Ohio, 392 US 1).

California Penal Code- Chapter 5 [899.851.93]

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

Anything you say to a law enforcement officer can be used against you and others. Therefore, you should be cautious about what you say to a police officer on behalf of someone else until they have had a chance to speak to their lawyer, even if you think something they are doing is wrong. You could be doing the other person a disservice if you make statements that could be used against them in court proceedings.

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

Stay calm. It is not a good idea to run, to resist, or to leave the scene of an interview, even if you're innocent or if you think the police are acting unfairly or unlawfully. It is also not a good idea to touch the officers. Keep your hands where the police can see them.

Even without any reason to think that you've done anything wrong, a police officer can approach you to ask questions, ask for identification, and ask for permission to search you or your objects (such as a purse or briefcase).

You do not have to answer questions from the police or give permission for searches. If you want to remain silent, it is a good idea to say so out loud. One may say, "Officer, I want to invoke my right to be silent." If you decide to answer questions from the police, speak carefully and clearly. Anything you say can be used against you in a court of law.

If you want to walk away from police, it's a good idea to first make sure that the officer is not going to arrest you. If the officer says that you are not free to leave, it's a good idea to remain at the scene and let the court figure out whether the officer had the right to arrest you at a later time.

[Legal Source: Berghuis v. Thompkins, 560 U.S. 370 (2010) ("after giving a Miranda warning, police may interrogate a suspect who has neither invoked nor waived his or her Miranda rights"); United States v. Drayton, 536 U.S. 194 (2002) ("If a reasonable person would feel free to terminate the encounter, then he or she has not been seized.").

https://www.aclunc.org/our-work/know-your-rights/know-your-rights-police-interactions]

National Center for Youth Law- CA Miranda Rights

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

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 (names, badge numbers, physical appearance, patrol car number, agency the police works for), witnesses (and contact information for witnesses), and conversation and actions of all participants with great detail. Your notes will be used as the basis for any formal complaint you may file later.
Contact law enforcement headquarters to learn the process for filing a formal complaint. You don't need to give your name or any identifying information.
If you are injured, seek medical attention immediately and take pictures of your injury.
If the harassment continues, file a formal complaint and demand that an investigation be conducted into the officers' conduct. It is a good idea to involve an adult in this process if you appear in person.

You can also file a complaint against a local law enforcement agency here. If the harassment does not stop after filing a formal complaint, consider filing a civil rights lawsuit. Talk to a qualified attorney that specializes in this area.

[Legal Source:

California Penal Code, Section 832.5: Every law enforcement agency "shall establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and shall make a written description of the procedure available to the public."

California Penal Code, Section 148.6: Every law enforcement agency shall require every person who files an allegation of police misconduct to sign the following advisory: "YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CIVILIANS' COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY. CIVILIAN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS. IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE, YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE."]

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

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?

You are in 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, even if the police officer has not yet said you are under arrest. If you are unsure whether you are under arrest, ask the police officer.

[Legal Source: 1 California Criminal Defense Practice § 11.01 (2020)]

b. What is the difference between detention and arrest?

A detention is when you have been held by an officer for a "brief and cursory" time. For example, if you get pulled over while driving, or if a cop stops someone who is behaving suspiciously in order to ask a few questions. The suspect isn't free to leave, but he also isn't under arrest, at least until the officer develops probable cause. Detentions must be no longer than necessary, and officers have to investigate with the least intrusive means that are available When an officer prolongs a detention beyond what's brief/cursory and broadens it, the detention can turn into a de facto arrest (an actual but not official arrest).

An arrest, on the other hand, involves the police taking you into custody through a more significant restraint on movement. The most common example involves the use of handcuffs and an advisement that the suspect is under arrest.

There are a variety of factors in determining whether your detention has become an arrest, including:

the amount of force the police used
the need for use of force
the number of officers involved
whether officers suspected the suspect of being armed
the manner in which officers physically handled the suspect (including the use of handcuffs), and
the length of the stop.

[Legal Source: U.S. v. Vargas, 369 F.3d 98 (2d Cir. 2004), In re Hoch, 82 A.3d 1167 (Vt. 2013).]

https://www.nolo.com/legal-encyclopedia/arrest-vs-detention-how-tell-whether-you-ve-been-arrested-simply-detained.html

California Penal Code- Chapter 5 [899.851.93]

c. If I am handcuffed, am I arrested?

Not necessarily. They may handcuff you if they feel you are a danger to yourself/others/the police. But, you are in 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, even if the police officer has not yet said you are under arrest. If you are unsure, ask the police officer if you are under arrest.

California Penal Code- Chapter 5 [899.851.93]

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

Same as above. If you are unsure, ask the police officer if you are under arrest.

California Penal Code- Chapter 5 [899.851.93]

7. What To Do After Being Warned of Your Rights

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." But, this is not a good idea without a lawyer present. Make sure you know what you are doing before giving up your rights.

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

You can use your right to remain silent or have an attorney represent you 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 when giving up your rights.

[Legal Source: Berghuis v. Thompkins, 560 U.S. 370 (2010).]

National Center for Youth Law- CA Miranda Rights

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

The police must read you your rights when you have been detained, though the physical location does not matter. You cannot be questioned by police while you are in custody until you are made aware of the right to remain silent, the right to consult with an attorney and have the attorney present during questioning, and the right to have an attorney appointed if indigent.

[Legal Source: Miranda v. Arizona, 384 US 436 (1966)]

https://www.law.cornell.edu/wex/miranda_warning

National Center for Youth Law- CA Miranda Rights

8. Police Questioning 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.

[Legal Source: Miranda v. Arizona, 384 US 436 (1966)]

National Center for Youth Law- CA Miranda Rights

a. Am I required to make a statement?

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

[Legal Source:

California Vehicle Code, Section 12951(b): "The driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code."

b. Must police notify my guardian?

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

[Legal Source:

c. Must I confess?

No, you do not need to confess. If you are arrested, the officer must tell you about your constitutional rights to remain silent, to an attorney, and to have an attorney appointed if you cannot afford one. You can exercise all these rights even if the officers do not tell you about them.

You do not have to answer any questions or volunteer any information. You can ask for a lawyer right away. It is a good idea to repeat this request to every officer who tries to talk to or question you. You do not have to tell the police anything except your name. Anything else you say can and will be used against you. It is a good idea to always talk to a lawyer before you decide to answer any questions.

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

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

Regardless of your age, you can always ask to have your lawyer (or one that will be appointed to you) present.

[Legal Source:

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

See above.

9. How do I Contact A Lawyer and When?

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.

It is a good idea to always contact a lawyer before making any statements to anyone in a criminal case or investigation. You can find free and low-cost legal help on the California Courts website or by going to https://www.lawhelpca.org. In San Francisco, specifically, you can find a list of free legal aid clinics here that may be able to assist you with your legal questions or direct you to legal counsel.

You can say you wish to remain silent and ask for a lawyer immediately. You don't have to give any explanations or excuses. You don't have to say anything, sign anything, or make any decisions without a lawyer. This applies even if you are told that police officers only want to question you or that you are only a witness.

If you have been arrested by police, you have the right to make three local phone calls. The police cannot listen if you call a lawyer. They can and often do listen if you call anyone else. While you do have to wait until you attend court to get a lawyer appointed if you cannot afford your own lawyer, you can still ask for a lawyer as soon as you are questioned or arrested by the police.

[Legal Source: If you are not under arrest, you have generally have no obligation to respond to police questioning. You have a right to remain silent and to have an attorney to be present if you are under arrest. Miranda v. Arizona, 384 U.S. 436 (1966) (right to have attorney present during questioning).

California Penal Code Section 851.5: An arrested person has the right to make at least three completed phone calls within three hours after arrest and that only a phone call to an attorney will not be monitored, eavesdropped upon, or recorded.

Gideon v. Wainwright (right to state-appointed counsel at trial), 372 U.S. 335 (1963); Miranda v. Arizona, 384 U.S. 436 (1966) (right to have attorney present during questioning); CA Constitution Art. 1, Section 15; U.S. Constitution, 6th Amendment and 14th Amendment.

California Welfare & Institutions Code Section 627: "(a) When an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement pursuant to this article, he shall take immediate steps to notify the minor's parent, guardian, or a responsible relative that such minor is in custody and the place where he is being held. (b) Immediately after being taken to a place of confinement pursuant to this article and, except where physically impossible, no later than one hour after he has been taken into custody, the minor shall be advised and has the right to make at least two telephone calls from the place where he is being held, one call completed to his parent or guardian, a responsible relative, or his employer, and another call completed to an attorney. The calls shall be at public expense, if the calls are completed to telephone numbers within the local calling area, and in the presence of a public officer or employee. Any public officer or employee who willfully deprives a minor taken into custody of his right to make such telephone calls is guilty of a misdemeanor.]

a. What if I am just a witness?

You don't have to confess to a crime and you are not required to report a crime that you have witnessed or heard about, unless you are asked as part of a federal criminal investigation regarding a felony under federal law. If you are asked questions after an arrest and you are 16 years old or younger, the police must allow you to talk to a lawyer before questioning, unless the police are seeking information to protect life or property from an imminent threat.

It is never a good idea to lie to the police. Under certain circumstances, it may be a crime to lie or obstruct a police investigation. Even if you are responsible for something or have information that they want, it may not be a good idea to share it without a lawyer present.

[Legal Source: 18 U.S.C., Section 4 provides that a person shall be subject to fine and/or imprisonment of up to three years for concealing the actual commission of a federal felony by not making it known as soon as possible to authorities. Under California law, although there are penalties for false reporting, there is no legal duty to report a crime except for certain professionals that have a legal obligation to report (for example, teachers reporting child abuse).

California Penal Code, Sections 148-148.9: The following may be punished by a fine and/or imprisonment:

148: Delay or obstruction of a police officer.
148.1: False report of a bomb/explosive.
148.3: False report of an emergency.
148.4: False report of fire.
148.5: False report that a felony or misdemeanor has been committed.
148.6: False report of police misconduct.
148.7: Impersonation of person required to serve a sentence of confinement.
148.8: False identification of self after being arrested.

California Vehicle Code, Section 31: "No person shall give, either orally or in writing, information to a peace officer while in the performance of his duties under the provisions of this code when such person knows that the information is false."]

10. Do Police Always Have To Tell The Truth?

No. The police can lie to you during the course of an investigation, including lying about the strength of the case they have against you and lying about whether they have obtained particular evidence or information in their investigation. Sometimes police will lie to try to get you to talk more, which is generally intended to produce evidence that could be used against you in future court proceedings.

[Legal Source: People v. Musselwhite (1998) 17 Cal. 4th 1216, 1240 ("Lies told by the police to a suspect under questioning can affect the voluntariness of an ensuing confession, but they are not per se sufficient to make it involuntary."); In re Walker (1975) 10 Cal. 3d 764, 777 (where the deception is not of a type reasonably likely to procure an untrue statement, a finding of involuntariness is unwarranted); People v. Watkins (1970) 6 Cal. App. 3d 119, 124-125 (confession found admissible where defendant was falsely told that his fingerprints had been found on the getaway car).]

Police Officers are Allowed to Lie to You- California

a. Can the police lie to me?

Yes. The police can lie to you during the course of an investigation, including lying about the strength of the case they have against you and lying about whether they have obtained particular evidence or information in their investigation. Sometimes police will lie to try to get you to talk more.

[Legal Source: People v. Musselwhite(1998) 17 Cal. 4th 1216, 1240 ("Lies told by the police to a suspect under questioning can affect the voluntariness of an ensuing confession, but they are not per se sufficient to make it involuntary."); In re Walker (1975) 10 Cal. 3d 764, 777 (where the deception is not of a type reasonably likely to procure an untrue statement, a finding of involuntariness is unwarranted); People v. Watkins(1970) 6 Cal. App. 3d 119, 124-125 (confession found admissible where defendant was falsely told that his fingerprints had been found on the getaway car).]

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

You do not need to speak to police or to confess to a crime, and you are not required to report a crime that you have witnessed or heard about, unless you are asked as part of a federal criminal investigation regarding a felony under federal law. But, it is never a good idea to lie to the police. Under certain circumstances, it may be a crime to lie. Even if you are responsible for something or have information that they want, it may not be a good idea to share it without a lawyer present.

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

To make an inquiry about the conduct of a San Francisco Police Department employee:

Call the Department of Police Accountability at 1-415-241-7711 (the TTY line is 1-415-241-7770) or visit the Department of Police Accountability website to file a complaint at https://sfgov.org/dpa/.

ACLU (American Civil Liberties Union)

You could also send a copy of your complaint or claim to the ACLU (California branch) by visiting: Need Legal Help? | ACLU of Northern CA (aclunc.org)

United States Department of Justice

If you believe that your civil rights have been violated, you may report a violation at https://civilrights.justice.gov/#report-a-violation, following the steps and on-line reporting described at that site. If you cannot access the online form, you can call 202-514-3847 or toll-free 1-855-856-1247. Telephone services for the deaf can be reached at 202-514-0716. You can also write to the following address:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Washington, D.C. 20530-0001

Due to the amount of reports the US Department of Justice receives, it can take several weeks to receive any response.

Local legal aid offices may be able to help more quickly: Contact Legal Services Corporation at lsc.gov/find-legal-aid or call (202) 295-1500.

Or visit www.findlegalhelp.org or call (800) 285-2221 to find a lawyer through the American Bar Association.

Open Police.org

If you would rather not use a law enforcement agency's complaint form, or if you would like to file someplace in addition to with the relevant agency, you can also file a complaint using OpenPolice.org. OpenPolice.org is a third-party (non-law-enforcement) non-profit organization that aims to make it as easy as possible for users to file reports directly with police department investigators.

OpenPolice.org allows users to:

Prepare and save a police conduct report;
Upload photos, documents, video, and other evidence;
File your official report as easily as possible and within a department's policies;
Publish your report online with privacy settings that fit your needs;
Match your report with civil rights attorneys; and
Share your report with your social network.

OpenPolice.org has three privacy options that control how it collects and shares an individual user's data: victims can publish their complaint with full transparency, or with no names made public, or with complete anonymity (no names given). No matter which option users select, the organization states that it never publishes anyone's private information, including addresses, phone numbers, emails, etc.). It will only share this with appropriate agencies who investigate complaints.

You can file a complaint at https://openpolice.org/.

San Francisco Police Department General Rules of Conduct

Sources regarding United States Department of Justice:

https://civilrights.justice.gov/#report-a-violation

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

See above.

13. How can I respond to circumstances involving discrimination?

See above.

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

Preparing to File a Complaint

Try to remember the exact sequence of events. Write down details about:

where and when the encounter took place;
any identifying information about the officers (including badge numbers and patrol car number, if you have it);
if and where law enforcement searched, if applicable;
how and where you were detained, if applicable; and
and as many other details as possible about the interaction.

Try to include the exact words you or an officer said during the exchange. If there were any witnesses to the encounter, have them explain what they saw and get their contact information as well. Above all, only include facts you are sure about. Do not exaggerate or include things you're not sure are true, because they can make your complaint less believable. It is okay if you do not have all of the details listed above; just write down everything you do know.

If you were injured during your encounter with police, go to a hospital or seek other medical attention immediately to document the injuries. You should also take pictures of any physical signs of injury that you suffered, including any bruises, marks or swelling.

At this point, you should start to consider what you want to do next. If you were arrested during your encounter with police, you should consult with an attorney. Even if you weren't arrested, you should consider talking to an attorney about your ability to file a complaint or sue to protect your rights.

You do not need to hire an attorney to file a complaint with the police agencies listed above, but it is important to consider talking to an attorney to review all your options before filing a complaints.

You should never file a direct complaint with the law enforcement agency while there are criminal charges against you. If you do file a complaint, you are giving up your right to remain silent. Similarly, in a non-criminal court case, if you file a complaint with a law enforcement agency before or while a case against that agency is pending, this could hurt your chances of winning your case by disclosing extra information, which can then be used to prepare a stronger case against you.

If you know that you do not plan to sue and are not facing criminal charges yourself, you can file a complaint as soon as you want following the police encounter.

Considering Legal Action

You may have a legal claim that your rights have been violated (meaning not respected) if you have or will suffer in some way and each of the conditions listed below have been met:

The police officer searches or seizes your: body (e.g., you are taken into custody a. and/or searched); house (including the porch, garden, etc.) or hotel room; papers; or any other personal belongings.
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.
It must be your rights that were violated, not the rights of any other person. You must also have a reasonable expectation of privacy in the area from which your property was seized.
The police officer did not have a warrant (or the warrant was not proper).

You can visit www.findlegalhelp.org or call (800) 285-2221 to find a lawyer through the American Bar Association. You may qualify for free legal help, and even if not, there will not be any fees or charges unless you are notified in advance. So do not hesitate to use these free resources to talk to a lawyer.

Source regarding what to consider in the moment and what information to gather following a police encounter that involves searches and seizures:

https://www.aclu.org/know-your-rights/stopped-by-police/#ive-been-stopped-by-the-police-in-public.
Source regarding process for bringing complaints following police encounters:
https://www.flexyourrights.org/faqs/how-to-report-police-misconduct/
Source regarding waiting to file a complaint until after you've considered or exhausted legal remedies:
www.findlegalhelp.org
http://www.civil-rights-law.com/how-to-complain-about-police-m/

San Francisco, California

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

2. When Can Police Search Your and Your Surroundings?

3. Reasons Police May Detain or Arrest You

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

5. Do Police Need A Warrant To Arrest You?

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

7. What To Do After Being Warned of Your Rights

8. Police Questioning You

9. How do I Contact A Lawyer and When?

10. Do Police Always Have To Tell The Truth?

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

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

13. How can I respond to circumstances involving discrimination?

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