Know Your Rights

Know your rights when you interact with the police.

Police officers are allowed to ask you certain questions and take certain investigative actions if you are in a public place or in a car. But you also have rights. Here, find a brief explanation of your rights and what to expect from police officers.

In fact, there are different types of encounters with officers. And in the leading case, People v. DeBour, the New York Court of Appeals determined that when interacting with a civilian, there are limits on the officer’s authority depending on the circumstances of the encounter. This sounds confusing and it is.

There are four levels of police encounters. In a Level 1 encounter, an officer may approach someone and ask general, non-accusatory questions. In a Level 2 encounter, the officer may ask accusatory questions. In a Level 3 encounter, the officer may stop someone and make it clear that they are not free to leave; the officer might also, depending on the circumstances, have the legal authority to frisk or search them. A Level 4 encounter is an arrest or summons.

No matter what, if you are stopped, please remember:

• Do not physically resist being arrested, even if you believe the police are treating you unfairly. Resisting arrest may include any action that physically interferes with an officer’s effort to detain you. This can result in a charge and may make the situation more dangerous.
• Do not lie to police. Remember, you have the right to remain silent.
• Try to carry an ID. NY Law does not require you to carry an ID unless you are operating a motor vehicle. Having an ID is helpful for establishing your identity.

If you think you have experienced or witnessed police misconduct, you can file a complaint with the Civilian Complaint Review Board (CCRB).

The information in this web site is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in the appropriate jurisdiction.

4 Levels of Police Encounters

A brief explanation of your rights and what to expect from police officers.

Questioning (Level 1)

In a Level 1 encounter, an officer approaches someone and asks general, non-accusatory questions.

Accusatory Questioning (Level 2)

In a Level 2 encounter the officer asks accusatory questions.

Stop / Detention (Level 3)

In a Level 3 encounter, the officer stops someone and makes it clear that they are not free to leave; the officer might also frisk or search them.

Arrest or Summons (Level 4)

A Level 4 encounter is an arrest.