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LOCAL EXPERIENCE MATTERS


Know Your Rights
 
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Richard L. Davies                       
333 Benedict Street
Port Townsend, WA  98368
Telephone - (360) 379-8906
Facsimile - (360) 385-4012
WHAT TO DO IF YOU'RE STOPPED BY THE POLICE (courtesy of the
American Civil Liberties Union of Washington)


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 do not have to answer a police officer's questions, but you must show
your driver's license and registration when stopped in a car.  In most other
situations, Washington law does not make it a crime to refuse to identify
yourself to a police officer.

You do not 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.

IF YOU ARE STOPPED FOR QUESTIONING:

1.        You have a right to refuse to answer questions.  You should politely
assert this right.

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 run away, even if you believe what is happening is
unreasonable.  That could lead to your arrest.

IF YOU ARE STOPPED IN YOUR CAR:

1.        Upon request, show them your driver's license, registration, and proof
of insurance.  In certain cases, your car can be searched without a warrant.  
To protect yourself later, you should make it clear that you do not consent to a
search.  It is not lawful for police to arrest you simply for refusing to consent
to a search.

2.        If you are given a ticket, you should sign it, otherwise you can be
arrested.  You can always fight the case in court later.

3.        If you're suspected of drunk driving (DUI) and refuse to take a breath,
blood, or urine test, your driver's license may be suspended.

IF YOU'RE ARRESTED FOR TAKEN TO A POLICE STATION:

1.        You have the right to remain silent and to talk to a lawyer before you
talk to the police.  Tell the police nothing except your name and address.  
Don't give any explanations, excuses or stories.  You can make your defense
later, in court, based on what you and your lawyer decide is best.

2.        Ask to see a lawyer immediately.  If you can't pay for a lawyer, you have
a right to a free one, and should ask the police how the lawyer can be
contacted.  Don't say anything without a lawyer.

3.        Within a reasonable time after your arrest, or booking, you have the
right to make a local phone call:  to a lawyer, bail bondsman, a relative, or
any other person.  The police may not listen to the call to the lawyer.

4.        Sometimes you can be released without bail, or have bail lowered.  
Have your lawyer ask the judge about this possibility.  You must be taken
before the judge on the next court day after arrest.

5.        Do not make any decisions in your case until you have talked with a
lawyer.

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.
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