What To Do If You're Stopped by Police in New Jersey

Remain calm. Don’t run. Speak carefully. Anything you say can be used against you.

Don’t reach for your belongings without permission. Keep your hands where they can see them.

Don’t resist, even if you are innocent, if you do not know why the police stopped you, or if you think the police are acting unfairly or unlawfully.

You have the right to say no to searches of your car, house, phone, or person. You cannot be arrested for refusing to consent to a search. Keep in mind that if evidence of a crime is visible, the officer can conduct a search.

If you’re stopped by police, ask them “Am I free to leave?” If you are and do not wish to talk, calmly walk away.

You do not have to speak to the police. If you are arrested:

• Ask for a lawyer.
• Tell the authorities you are going to remain silent.
• Say nothing else.

You do not have to talk about your immigration status with the police. Immigrants with lawful status do not need to show proof of that status to police officers. Do not lie about your citizenship or provide fake documents.

Sometimes police stop, frisk, or arrest people in violation of their rights. If this happens to you, write down everything immediately, including badge and patrol car numbers. If injured, seek medical attention and take photos. If you were arrested or have been a victim of police misconduct, contact a lawyer as soon as possible.

If you are not under arrest, you have the right to photograph or film police activity in public unless you physically interfere. If you have a right to be somewhere, you can record from there.

Don’t sign any documents without talking to a lawyer. If you are a noncitizen, be sure to speak with your attorney about any potential immigration consequences that may result from your interaction with police.

File a police complaint with the police department’s internal affairs division, which must accept complaints from anyone (including anonymous sources) anytime. You can also contact the ACLU-NJ here.

The information on this page is general in nature and does not constitute legal advice. Consult an attorney for legal advice. Produced and distributed as a free public service by the American Civil Liberties Union of New Jersey Foundation, a non-partisan, nonprofit civil rights advocacy group.