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2009年02月18日
IF YOU ARE ARRESTED...如果你被逮捕...

To combat police abuse and to protect yourself, you need to know your rights. There are some things you should do, some things you must do and some things you cannot do. 你需要知道你的權利。有一些事情你應該做的,有些事情你必須做的,有些東西你不能這樣做

Think carefully about your words, movement, body language, and emotions.

Your initial response to a police encounter could determine the outcome and whether or not they become aggressive with you. Aggression meets aggression.

Don't get into an argument with the police.

Whether you are going to go jail or not will not be determined by your ability to out argue a police officer.

Remember, anything you say or do can be used against you.

Other then identifying yourself, you should have no further conversation with any police officer. In the midst of a police encounter many of us are compelled to start blabbing even about things that have nothing to do with the encounter.
KEEP YOUR MOUTH SHUT. You will not be able to convince an officer not to arrest you.

Keep your hands where the police can see them.

Make sure the officer can always see your hands. The officer may be even more scared then you and may over react to any of your movements or you appearing suspiciously. Move suddenly or even look like you are being aggressive you may get hurt or worse.

Don't touch any police officer.


It is a federal offense to assault a police officer.

Don't resist even if you believe you are innocent. Don't complain on the scene or tell the police they're wrong or that you're going to file a complaint.

Just by the nature of their authority, the police have the upper hand. Do not resist arrest. This will make this situation worse and could possibly escalated it to unnecessary violence. Be cooperative during the arrest process- don't talk but go along with the procedure. You'll get your day to argue in court or before the magistrate.

Do not make any statements even one of innocence. Ask for a lawyer immediately upon your arrest.

This can not be emphasized enough. KEEP YOUR MOUTH SHUT and CALL A LAWYER. You may to spend a night or two in jail but better that then ending up convicting yourself by talking to much.

Remember officers' badge and patrol car numbers and write down everything you remember ASAP.

Try to find witnesses and their names and phone numbers.

If you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first.

If you feel your rights have been violated, file a written complaint with police department's internal affairs division or civilian complaint board.


IF YOU ARE PULLED OVER IN A TRAFFIC STOP...

What you say to the police is always important. What you say can be used against you, and it can give the police an excuse to arrest you, especially if you bad-mouth a police officer.
You must show your driver's license and registration when stopped in a car. Otherwise, you don't have to answer any questions if you are detained or arrested, with one important exception. The police may ask for your name if you have been properly detained, and you can be arrested in some states for refusing to give it. If you reasonably fear that your name is incriminating, you can claim the right to remain silent, which may be a defense in case you are arrested anyway.
You don't have to consent to any search of yourself, your car or your house. If you DO consent to a search, it can affect your rights later in court. If the police say they have a search warrant, ASK TO SEE IT.
Do not interfere with, or obstruct the police -- you can be arrested for it.
If you're given a ticket, you should sign it; otherwise you can be arrested. You can always fight the case in court later.
If you're suspected of drunk driving (DWI) and refuse to take a blood, urine or breath test, your driver's license may be suspended.
IF YOU ARE STOPPED FOR QUESTIONING...

1. It's not a crime to refuse to answer questions, but refusing to answer can make the police suspicious about you.

2. Police may "pat-down" your clothing if they suspect a concealed weapon. Don't physically resist, but make it clear that you don't consent to any further search.

3. Ask if you are under arrest. If you are, you have a right to know why.

4. Don't bad-mouth the police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest.


IN YOUR HOME...

1. If the police knock and ask to enter your home, you don't have to admit them unless they have a warrant signed by a judge.

2. However, in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant.

3. If you are arrested, the police can search you and the area close by. If you are in a building, "close by" usually means just the room you are in.


We all recognize the need for effective law enforcement, but we should also understand our own rights and responsibilities -- especially in our relationships with the police. Everyone, including minors, has the right to courteous and respectful police treatment.

If your rights are violated, don't try to deal with the situation at the scene. You can discuss the matter with an attorney afterwards, or file a complaint with the Internal Affairs or Civilian Complaint Board.

Produced by the American Civil Liberties Union.

於09年2月發佈



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