civil | AKIR

The New York Civil Liberties Union today unveiled the “Stop and Frisk Watch” app that allows New Yorkers to monitor police activity and report NYPD officers who conduct unlawful stop-and-frisk encounters and other police misconduct.

“Stop and Frisk Watch is about empowering individuals and community groups to confront abusive, discriminatory policing,” NYCLU Executive Director Donna Lieberman said in a statement. “The NYPD’s own data shows that the overwhelming majority of people subjected to stop-and-frisk are black or Latino, and innocent of any wrongdoing. At a time when the Bloomberg administration vigorously defends the status quo, our app will allow people to go beyond the data to document how each unjustified stop further corrodes trust between communities and law enforcement.”

In February the NYPD released stop-and-frisk statistics to the City Council that revealed the highest number of stops ever recorded in one year. Out of 684,330 stop-and-frisk stops, 87% percent of those stopped in 2011 were black or Latino, and nine out of ten persons stopped were not arrested, nor did they receive summonses.

An NYCLU analysis showed that black and Latino males between the ages of 14 and 24 accounted for 41.6 percent of stops in 2011, though they make up only 4.7 percent of the city’s population. The number of stops of young black men exceeded the city’s entire population of young black men.

Know Your Rights: What To Do If You’re Stopped By Police, Immigration Agents or the FBI

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. Separate rules apply at checkpoints and when entering the U.S. (including at airports).

YOUR RIGHTS
- 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.
- 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.
- Regardless of your immigration or citizenship status, you have constitutional rights.

YOUR RESPONSIBILITIES
- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter.
- Do file a written complaint or call your local ACLU if you feel your rights have been violated.

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, 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. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself.
You do not have to consent to a search 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. If you do consent, it can affect you later in court.

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 or immigration agent 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 YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED
Remember: police misconduct cannot be challenged on the street. Don’t physically resist officers 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.
Call your local ACLU or visit www.aclu.org/profiling.

This information is not intended as legal advice.
Produced by the American Civil Liberties Union 6/2010

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