- You have a right under the Constitution to decline to answer any and all police questions at the police station or elsewhere. If you refuse to provide basic identification information, however, you may potentially be held in police custody. You may also be held in custody for safety reasons if you are drunk or under the influence of drugs. Before making any police report or giving a statement, and before answering any questions from the police, you have a Constitutionally protected right to consult an attorney, as well as to have an attorney present during questioning. Despite the popular image in many movies and TV shows, you do not have the right to make one phone call (though some departments may allow you to do so as a courtesy). The police will phone the attorney of your choice or the on-call public defender. If you are placed in custody, you have a right to have bail determined within a short period of time, and to be promptly arraigned at the next session of court.
- In the United States, you have a right not to be tortured during your dealings with police. You also have a right not to be deprived of food and water, medical treatment or bathroom facilities for an unreasonable period of time. What constitutes an unreasonable period of time may vary depending on the state and circumstances. However, you have a right to prompt medical attention for any injuries or ongoing conditions requiring medication, and you should assert this right clearly when necessary. If you are disabled, you have a right under the Americans with Disabilities Act to have reasonable accommodations to facilitate your interactions with police personnel.
- Juveniles have a right to have an adult notified and present in all their dealings with police; however, juveniles seeking to make a witness or victim report may do so independently if they wish. Police will usually contact a special social worker or juvenile victims advocate to assist in these circumstances. Juveniles being detained must usually be held in special, protective facilities although rules vary from state to state. Immigrants should be aware that most police departments require victims and witnesses as well as criminal suspects to produce proof of identification when making a statement; if your immigration papers are not in order, this could result in deportation. However, some police departments do not require proof of identity or immigration status for victims or witnesses reporting crimes to help ensure that the immigrant community is not victimized with impunity.
