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Univeristy of California, Santa Barbara

Know Your Rights

PLEASE NOTE: Life of the Party thinks it is important for students to know their rights when in contact with the police. However, this information is not intended to interfere with or obstruct the police. You can be arrested for interfering with or obstructing the police.
Also, this information is not intended to be used as legal advice for any case. If you have additional questions, contact the Legal Resource Center (free for UCSB students only) at 6550 Pardall #B (around back and above Grafikart) or call 805-893-4246.

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.
  2. 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.

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. The police can stop anyone and ask questions without arresting the person.
  2. 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.
  3. Police may "pat-down" your clothing if they suspect a concealed weapon. Don't physically resist, but you can make it clear that you don't consent to any further search
  4. Ask if you are under arrest. If you are, you have a right to know why.

TIPS IF YOU ARE STOPPED BY THE POLICE

  • Think carefully about your words, movement, body language, and emotions.
  • Don't complain on the scene or tell the police they're wrong or that you're going to file a complaint.
  • Don't run from the police when stopped.
  • Don't get into an argument with the police.
  • Don't resist even if you believe you are innocent.
  • Remember, anything you say or do can be used against you.
  • Keep your hands visible to avoid suspicion.
  • Don't touch any police officer.
  • Remember officers' badge and patrol car numbers.
  • Write down everything you remember.
  • If you are injured, take photographs of the injuries, but make sure you seek medical attention first.
  • If you feel your rights have been violated, file a written complaint with a police department’s supervisor or the police department's internal affairs division.

IF YOU'RE STOPPED IN YOUR CAR

  1. If you're suspected of drunk driving (DUI) and refuse to take a blood, urine or breath test, your driver's license may be suspended.
  2. Upon request, show them your driver's license, registration, and proof of insurance. You have the right to consent or not consent to a search. It is not lawful for police to arrest you for refusing to consent to a search. In certain cases, your car can be searched without a warrant as long as the police have probable cause.
  3. 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 ARRESTED OR 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. You don’t need to 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. If you can't pay for a lawyer, you have a right to a free one, and you can ask the police how the lawyer can be contacted.
  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. Do not make any decisions in your case until you have talked with a lawyer.

Information adapted from the American Civil Liberties Union.