We rely on the police to keep us safe and treat us all fairly,
regardless of race, ethnicity, national origin or religion.
This card provides tips for interacting with police and
understanding your rights. Note: Some state laws may
vary, and this card is specific to Maryland.
IF YOU ARE STOPPED FOR QUESTIONING
Stay calm. Don’t run. Don’t argue, resist or obstruct the police,
even if you are innocent or police are violating your rights. Keep
your hands where police can see them.
Ask if you are free to leave. If the officer says yes and you wish
to leave, calmly and silently walk away. If you are under arrest,
you have a right to know why.
You have the right to remain silent and cannot be punished for
refusing to answer questions (but refusing to answer questions
may make the police suspicious about you). If you wish to
remain silent, tell the officer out loud. In Maryland, you are not
legally required to give your name if asked to identify yourself
(although some states do require this).
You do not have to consent to a search of yourself or your
belongings, but police may “pat down” your clothing or
accessible container (like a purse or backpack) if they suspect a
weapon. You should not physically resist, but you have the right
to refuse consent for any further search (including a request
that you empty your pockets or purse). If you do consent, it can
IF YOU ARE STOPPED IN YOUR CAR
Stop the car in a safe place as quickly as possible. Turn off the
car, turn on the internal light, open the window part way and
place your hands on the wheel.
Upon request, show police your driver’s license, registration
and proof of insurance.
If an officer asks to look inside your car, you can refuse to
consent to the search. But if police believe your car contains
evidence of a crime, your car can be searched without
your consent.
Both drivers and passengers have the right to remain silent. If
you are a passenger, you can ask if you are free to leave. If the
officer says yes, sit silently or calmly leave. Even if the officer
says no, you have the right to remain silent.
IF THE POLICE COME TO YOUR HOME OR BUSINESS
If the police come to your home or business, you do not have to
let them in unless they have a warrant (police may enter without a
warrant in emergency situations such as when they hear someone
screaming inside, or when chasing someone). Some warrants
allow police to enter without first announcing themselves and
showing the warrant.
Ask the officer to slip the warrant under the door or hold it up to
the window so you can inspect it. A search warrant allows police
to enter the address listed on the warrant, but officers can only
search the areas and for the items listed. An arrest warrant allows
police to enter the home of the person listed on the warrant if they
believe the person is inside.
Even if officers have a warrant, you have the right to remain
silent. If you choose to speak to the officers, step outside and
close the door.
If you are given a ticket, you should sign it if directed to do so by
a police officer. Signing a ticket is not an admission of guilt, and
you can contest the ticket in court later.
If you are suspected of drunk or impaired driving and refuse
to take a blood, urine, or breath test, your driver’s license
may be suspended.
IF YOU ARE ARRESTED
Do not resist arrest, even if you believe the arrest is unfair.
Say you wish to remain silent and ask for a lawyer immediately.
Don’t give any explanations or excuses. If you can’t pay for a
lawyer, you have the right to a free one. Don’t say anything, sign
anything or make any decisions without a lawyer.
You have the right to make a local phone call. The police cannot
listen if you call a lawyer.
Prepare yourself and your family in case you are arrested.
Memorize the phone numbers of your family and your lawyer.
Make emergency plans if you have children or take medication.
IF YOU ARE GIVEN A DIRECTIVE BY THE POLICE
The safest course of action is to obey the officer’s directives.
Not every order by a police officer is lawful, and police may
not lawfully arrest you in Maryland for failing to obey an order
unless the order is lawful, and aimed at averting some imminent
illegal conduct. It is difficult to know at the scene whether the
order is proper, and failing to obey may result in an arrest,
even though the arrest may not be proper. You have the right
to photograph and record police officers performing their job
in public. Police may not order you to delete photographs or
recordings on your camera or cell phone. Police may order you
to stand a sufficient distance away so that you are not interfering
with their activities.
▪ You have the right to remain
silent. If you wish to exercise
that right, say so out loud.
▪ You have the right to refuse to
consent to a search of yourself,
your car or your home, with
certain exceptions.
▪ Regardless of your immigration
or citizenship status, you have
constitutional rights.
▪ If you are not under arrest, you
have the right to calmly leave.
▪ You have the right to a lawyer
if you are arrested. Ask for
one immediately.
▪ You have the right to record
police actions as long as you do
not interfere with their activities
and are not breaking any
other law.
YOUR RIGHTS
▪ Do stay calm and be polite.
▪ Do not interfere with or
obstruct the police.
▪ Do not lie or give
false documents.
▪ Do remember the details
of the encounter.
▪ Do prepare yourself and
your family in case you
are arrested.
▪ Do file a written complaint
or call your local ACLU if
you feel your rights have
been violated.
YOUR RESPONSIBILITIES
IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED
Remember: Police misconduct cannot be challenged on the
street. Don’t physically resist officers, complain on the scene, or
threaten to file a complaint.
Write down everything you remember, including officers’ badge
and patrol car numbers, which agency the officers were from,
and any other details. Get contact information for witnesses.
If you are injured, take photographs of your injuries (but seek
medical attention first).
File a written complaint with the agency’s internal affairs
division or civilian complaint board. In most cases, you can file a
complaint anonymously if you wish, though doing so may make
it difficult or impossible to conduct a thorough investigation.
If you have been charged with a crime in connection with the
incident about which you are complaining, speak to your lawyer
in your criminal case before filing a complaint. If you intend to
file a civil suit against the police relating to the incident, you may
wish to consult with the lawyer who will handle that case before
filing a complaint.
Call your local ACLU or visit www.aclu.org/profiling.
www.aclu-md.org
affect you later in court. Police can look inside your pockets,
your purse, or other container only if their “pat down” provides
evidence of a weapon or a crime, if a “pat down” would not be
sufficient to establish whether you have a weapon (such as a
container with hard sides), or if they have probable cause to
believe they will find evidence of a crime.
You do not have to carry ID with you, or show it to an officer
on demand, but inability (or unwillingness) to produce an ID
when an officer intends to charge you with a crime will mean
that the officer must make an arrest, and cannot simply give
you a citation.
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WHAT TO DO
IF YOU’RE
STOPPED BY
THE POLICE
