Do you know what to do when interacting with police? These are your rights in NC
Headlines about interactions between police and people in North Carolina and around the country ending in injuries, lawsuits and even deaths have raised questions about what officers are allowed to do and what rights people have.
Whether you’re pulled over, stopped on the street or find police at your door, you do have rights that you can exercise in your interaction. Still, there are things police do have the authority to do.
If you feel that police have overstepped, there are also actions you can take to get accountability.
Here’s what to know about your rights when interacting with police in North Carolina:
What are your rights when police come to your home in North Carolina?
If police come to your home, “you do not have to let them in unless they have certain kinds of warrants,” the ACLU of North Carolina advises.
“Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it,” the group recommends.
If police have a search warrant, they can “enter the address listed on the warrant, but officers can only search the areas and for the items listed.” If they have an arrest warrant, they can “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,” the ACLU adds. “If you choose to speak to the officers, step outside and close the door.”
If arrested, you should ask for a lawyer, the ACLU recommends, and “you have the right to a free one” if you can’t afford one.
If you feel your rights were violated, the ACLU says, you should make note of the details of the incident and report them to the ACLU or file a complaint.
What are your rights when pulled over in North Carolina?
If you’re being pulled over, you need to put on your turn signal and pull off to the right as soon as you can safely do so, the North Carolina’s driver’s license handbook says. If there’s “not an obvious safe space to immediately stop,” you should put on your flashers and slow down to signal that you’re aware of the situation and looking for space to pull over.
Once pulled over, the ACLU recommends turning off your car, turning on your car’s internal light, opening your window “part way” and putting your hands on the steering wheel. You should also turn off the radio, the state’s handbook says.
If you’re being pulled over by an unmarked vehicle, the state handbook says, “you may call 911 to report your name and location in order to verify that an actual law enforcement officer is conducting the traffic stop.”
Police can ask to see your driver’s license, vehicle registration and proof of car insurance. Per the state handbook, you should also disclose immediately if you have a weapon in your car.
You can refuse to consent to a search of your car, per the ACLU, “but if police believe your car contains evidence of a crime, your car can be searched without your consent.” You also still have the right to remain silent during a traffic stop.
Passengers also have the right to remain silent and may ask police for permission to leave, the ACLU adds.
Again, if you’re arrested the ACLU recommends getting an attorney immediately and noting the details of any issues that need to be reported to the ACLU or reported in a complaint.
What about if you’re stopped on the street?
If you’re stopped by police, the North Carolina ACLU recommends that you stay calm and not try to argue, run away or resist, “even if you are innocent or police are violating your rights.”
You can ask if you can leave and, if told yes, do so calmly, the ACLU says.
You also “have the right to remain silent and cannot be punished for refusing to answer questions.” “If you wish to remain silent, tell the officer out loud,” the ACLU adds.
You don’t have to consent to searches “of yourself or your belongings, but police may ‘pat down’ your clothing if they suspect a weapon.”
“You should not physically resist, but you have the right to refuse consent for any further search,” the ACLU says. “If you do consent, it can affect you later in court.”
If you are arrested, you can and should ask for a lawyer, the ACLU recommends.
And if you feel your rights have been violated, you should take notes of the details of the incident and “file a written complaint or call your local ACLU.”
What about officers in schools?
Students also have rights when approached by school resource or safety officers, the ACLU of North Carolina says.
If stopped or questioned, students can ask if they can leave and, “if yes, calmly and silently walk away,” the ACLU says.
Students also have the right to remain silent and “can also ask to have a lawyer, a parent or another adult present before you are questioned,” the ACLU adds.
Searches “must be related to the crime that you’re suspected of committing,” and officers “cannot search you based on a feeling, a rumor, the color of your skin, or the clothes you’re wearing.”
“Police and school employees are never allowed to strip search you,” the ACLU adds.
Students also have the right, per the ACLU, “to take pictures and video of on-duty police in public areas at your school as long as you don’t interfere with what they’re doing” and phones are allowed in the school.
This story was originally published June 3, 2022 at 11:48 AM.
