Taken from Fucktooth zine #20, used without permission (I really don't think they care). Written by Jen Angel (ain't she cool?)

You and the Police
Part one: on the street

	A lot of people have expressed, in zines or to me personally, that they're interested in finding out what their rights are when approached by a policeman or other agent of state. Can you refuse to talk to them? Do you have to identify yourself?
	Right now, there is a huge myth surrounding the police about their power and their authority. It is important to remember that they gain power from your ignorance, and the best defense is information.
	It is important to remember that this is the way it should happen, and that in reality, police can and do anything they want on the street, and they will lie about it later on. However, police depend on fear and intimidation and that depends on you not knowing your rights.
	In this article, I've used the word "police" as an abbreviation for "any agent of the state" because they are the ones who most of us will deal with most. This could include members of the FBI, ATF, or even the IRS.
	First of all, never talk to a police officer on the street. Don't try to be polite and explain to him that you aren't doing anything wrong. If he asks, "Can I speak to you?" SAY NO. Be polite but firm. Tell him you are in a hurry. If an officer insists on talking to you, ask him "Are you detaining me? Am i free to leave?" Ask this several times so that it is more difficult for the cop to claim you never said objected. In other words, if a cop says, "Excuse me, may I talk to you?" and you say, "Alright," you have just consented.
	If you talk to an officer consensually, any information you give may be used against you later. Remember that many cops are more experienced than you and know both how to twist your words or drag information out of you. They may even lie about what you said, so it is best to not talk to them at all.
	Police are allowed to detain you when there are "specific and articulable facts supporting suspicion." This means that technically, they can't stop you on a hunch. They need to have observed something about your behavior and character that links you with specific criminal activity to stop or detain you. However, this is not the way it works. Police may stop you because you look "funny," because you're black, you're young, or you have a mohawk. If the officer approaches you and you agree to a consensual "chat," what happens if the officer notices spray paint on your jacket? or a bulge in your jeans? Don't give the officer a chance to go fishing for a reason to detain you. He may even create a reason and could eventually arrest you -- that is why it is important to avoid contact all together. It is also crucial that you let the officer know that you are not "consenting" and that the only way for him to talk to you is by detaining you.
	There are some instances where the police genuinely suspect you of something, whether you are guilty or not, and they can detain you and find out if their suspicion is justified. If someone robs a bank and you match their description and are wearing a yellow shirt and green pants like they were, there is a suspicion and you can be stopped legally. It is important that the reason they stop you is very specific. You cannot be legally stopped just because you are the same age and color and gender as the suspect, but have no other similarities.
	Television has made sure that we all know what the Miranda warnings are: "You have the right to remain silent." The Miranda ruling actully says that you must be advised that you have the right to remain silent during questioning and that you may have an attorney if you wish. Questioning is when police take you into custody or otherwise deprive you of your freedom of action in any significant way. This means that the warnings apply when you are simply stopped on the street and especially not when you consent to the questioning. Although Miranda can apply to questioning that takes place outside of the police station, Miranda warnings ONLY apply when some element of coercion exists. Interrogation at a police station, for example, is so frightening that an individual may be likely to be coerced into saying something that is not true. This does not apply on the street unless you are being arrested.
	If the police have a high level of suspicion of specific criminal activity, they may even arrest you. As part of an arrest, they may search you. If an officer asks to search you without first arresting you, say NO. They also have the right to search you for weapons if they feel in danger, but they are not allowed to search people for other items. This may include a "pat down." You shouldn't resist but you should make it clear that you do not consent to any further search. They can search your further if you consent, so don't give them the chance, even if you think you have nothing illegal on you.
	If the officer asks to search you, tell him you don't have a weapon and ask if you are under arrest or if they have a warrant. If neither is true, tell them you'd rather not be searched. If the cop obeys the law, you should be left alone. If you are being arrested, you have the right to know why.

	Here are a few things to remember:

*	It is important to object to any searches beyond what you know are permitted. IN some cases it may be constued that you "consented," because you did not object. Make it clear that you give no permission for anything

* If you are detained by a cop (he tells you you can't go when you ask if you may leave), and he finds nothing, report the stop to the police review commission or let COP WATCH know if either exists in your community.

* Use your best judgement. If you run into a really bad cop, talking back to him and standing up to your rights might get you beaten or killed, so be careful about the realistic limits of "the law."

* Do not interfere with or obstruct the police, you could be arrested for it.

* Never bad mouth or talk back to a cop, even if you think the situation is out of hand or unreasonable. This gives them an  excuse to deal with you and could lead to your arrest. it just makes everything worse.

* The bottom line is that you should never consent to a search or a detention. Also keep in mind that a lot of times it will come down to your word against his, and no law or constitution is going to help you out.

Stay tuned for later installments: in your car and in your home, what happens when you are arrested, and once you are taken to the police station. This information was compiled from articles in the Shadow, Slingshot, and various anonymous flyers, as well as from a text called Constitutional Law for a Changing America: Rights, Liberties, and Justice; Epstein and Walker. 

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