KNOW YOUR RIGHTS
We all have a right to freedom and equity under the law. Find out how to exercise your civil rights, and what to do when your rights are violated.
- Requests from police
- Common-law inquiries
- Forcible Stops
- Arrests
- Right to Record
In New York, there are several levels of police intrusions into the affairs of citizens. Whether or not the police can intrude and to what extent will depend upon the information they possessed at the time.
LEVEL 1:
REQUESTS FROM POLICE
PLEASE NOTE: The following information should not be considered legal advice.
LEVEL 1: WHAT IS IT?
This is where the police approach a citizen to learn information about an offense where there is no reason to believe that citizen is a suspect.
To justify this information request, the police must have an objective and credible reason to believe the citizen may have information about an offense. This must be a limited encounter merely designed to get information about an offense committed by someone else.
During a Level 1 encounter, police CAN:
- Request identification
- Ask non-accusatory questions:
- “Excuse me sir, were you here ten minutes ago?”
- “Did you see anyone run out of the bank across the street?”
During a Level 1 encounter, police CAN’T:
- Ask for the citizen’s consent to search them or their belongings
- Pursue a citizen who walks away or flees.
During a Level 1 encounter, you have the right to:
Refuse to provide identification
[not so with
automobile stops]
Refuse to talk
Disengage, walk away, or flee
Refuse consent to search
LEVEL 2:
COMMON LAW INQUIRIES
LEVEL 2: WHAT IS IT?
This is where the citizen is beginning to look like the focus of an investigation instead of an information source. This is permitted where the police have a founded suspicion that criminal activity is occurring or has happened.
During a Level 2 encounter, police CAN:
- Temporarily, but not forcefully detain the citizen
- Request that the citizens raise their hands, remove hands from pockets, stay where they are or walk toward them.
- Ask for the citizen’s consent to search them or their belongings
- Ask accusatory questions that would make the citizen think they may be a suspect
- “Do you mind if I take a look in your backpack?”
- “What were you doing over there?”
- Pursue a citizen who flees.
During a Level 2 encounter, police CAN’T:
- Use force or coercion to start or prolong the encounter
- Pursue a citizen who disengages or walks away
During a Level 2 encounter, you have the right to:
Refuse to provide identification
[not so with
automobile stops]
Refuse to talk
Disengage, walk away, or flee
Refuse consent to search
LEVEL 3:
FORCIBLE STOPS
LEVEL 3: WHAT IS IT?
This is where the police temporarily take control over the citizen-suspect while they gather more information that could rule the suspect in or out as the perpetrator.
This requires reasonable suspicion that the citizen is committing, has committed, or is about to commit a crime.
During a Level 3 encounter, police CAN:
- Use force to detain the citizen
- Place the citizen in handcuffs or police car
- Transport the citizen to another location for the purpose of displaying them to a witness
- Ask for the citizen’s consent to search them or their belongings
- Pursue a citizen who flees
- Frisk the citizen but only where there is a legitimate reason to believe the citizen poses a danger to the officer
- Danger can be suspected if the crime being investigated involved a weapon or the officer has a reasonable suspicion that the suspect is armed and dangerous
- Only a pat frisk [palms against clothing] is permitted and only to determine if a weapon [not contraband] is present.
- A frisk that reveals suspected drugs will not justify removing the item as suspected drugs do not pose a danger to the officer.
- If a weapon is detected and is unlawful the officer can make an arrest for weapon possession. If the weapon is not unlawful it must be returned at the conclusion of the encounter if no arrest results.
- Examine any container [ex: backpack, purse] that is in the grabbable are of the suspect.
During a Level 3 encounter, police CAN’T:
- Use force or coercion to start or prolong the encounter
- Pursue a citizen who disengages or walks away
During a Level 3 encounter, the citizen CAN’T:
- Disengage, walk away
- Refuse a lawful frisk
During a Level 3 encounter, you have the right to:
Refuse to provide identification
[not so with
automobile stops]
Refuse to talk
Refuse consent to search
LEVEL 4:
ARREST
LEVEL 4: WHAT IS IT?
Must be based upon probable cause to believe that the person has committed an offense in the officer’s presence or a crime, whether in the officer’s presence or not.
An arrest may be custodial [citizen is held in custody until taken before a judge] or in some cases an appearance ticket will be issued [citizen is instructed when to appear in court].
During a Level 4 encounter, police CAN:
- Use force to accomplish the arrest
- Search the citizen and any containers [not cell phones, computers] in the citizen’s possession incident to the arrest
- Pursue a citizen who flees
During a Level 4 encounter, you have the right to:
Refuse to talk/ answer questions
Make a phone call to a lawyer or family member
RIGHT TO RECORD
RIGHT TO RECORD: WHAT IS IT?
In 2020 New York State affirmed the right of people to record police activities. N.Y. Civil Rights § 79-p. This means that you have the right to take pictures, videos, and sounds recordings of the Police. You can also write notes and observations.
While you are recording, you:
- cannot be arrested simply because you are recording police activity
- should not interfere with or obstruct a police officer.
- should remain a safe distance away from a police officer. The law does not say how far away you must stay, but you should follow police officer instructions. You should never physically interfere with a police officer. If you think a police officer illegally prevented you from recording, you can make a complaint to the PAB. You may also have the right to start a lawsuit.
While you are recording, police CAN’T:
- Intentionally prevent you from recording their law enforcement activity
- Threaten you for recording law enforcement activity
- Command you to stop recording when you are legally recording
- Stop, seize, search, ticket, or arrest you because you are recording
- Seize your recordings or equipment without a lawful reason or your consent
- Copy your recordings without a lawful reason or your consent
- Destroy your recordings, even if you are arrested for a crime.
Your rights are different if you are under arrest. An officer may ask you to stop recording to arrest you and may have the right to seize or search your equipment. However, a police officer may not destroy your recordings, destroy your equipment, or keep your equipment and recordings just because you have been arrested.
