A Police State? What Are My Rights?

Let's face it, unless you're either wearing or related to the Blues, yourself, interacting with law enforcement is never a fun time; and the stress of said situation increases exponentially when the individual is Black, Brown, Indigenous... basically anything but white. I say that because, although we like to believe that race doesn't matter in the United States - I'm here to tell you that it matters greatly. And this is generally because we refuse to have an honest dialogue about the ways in which it does matter. But that's a discussion for a different time. What matters today is the whether, and to what extent, you have to engage police officers in every interaction. I'll go into detail in just a second but for those of you who appreciate spoilers - No... No, you don't.

The Fourth Amendment 

The bulk of your protections from law enforcement are going to stem from the Fourth Amendment to the Constitution (with a little help from the Fifth, as well). In fact, virtually all Fourth Amendment court cases involve the police in one way or another as the Amendment was written specifically to protect citizens from unlawful police behaviors. Of course, its original language was specific to the federal government, but the Fourteenth Amendment applies this to state and local police, as well. So let's get to know the language.

The Fourth Amendment states "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." This language means exactly what it says. The police may not search you or your property, nor seize you or your property, without a warrant or probable cause.

What You Should Know...

Despite the police requiring a warrant to search you, it is important to note that in 1968, Terry v. Ohio introduced the language of reasonable suspicion, which allows cops to perform a "limited frisk," or pat-down (which will quickly and almost inevitably turn into a search) of your outer clothing if they reasonably suspect you of carrying a weapon. This "lower threshold" of legality has led to many officers abusing the process which, in turn, has led to several detentions and arrests that have been unconstitutional in nature. Unfortunately, social demographics like race, gender, class, and even religion all play a major role in determining how an officer will ultimately respond, but knowing your rights in these situations could help you at least keep the cop on honest, and here's how.

In order for a cop to stop (or seize) you for any reason, you need to have either violated the law in plain sight - or they need to have one of three things - a warrant, probably cause, or reasonable suspicion. If a cop pulls you over and does not immediately tell you why, ask the cop "Why have you pulled me over?" If they respond with an answer to your question, or if they simply state (or repeat) "license and registration," ask them if they reasonably suspect you of committing a crime. This latter question is the one that will keep the officer on their heels because they do not anticipate a general citizen to know what this means. If they do, ask them to explain the crime. Ask them if you are being detained and if not, if you're free to go. If they tell you that you are not free to go, then you may consider exercising your Fifth Amendment right to not say anything. I repeat, you never have to talk to the cops if you don't want to - under any circumstances.

This practice remains true for any police engagement, including ones that occur at your front door. If an officer comes to your door and demands you not only answer, but to open the door, remember, you don't have to do either. We often forget that the police - and law enforcement as a whole - work for us. Your rights as an American citizen allow you to interact or not interact, engage or disengage with the police. If the above scenario occurs, you may open the door, sure, or you may say, "No thank you, I can hear you just fine. I prefer to talk to you from right here." You may even engage the officers from your home security system if you have one and it has two way communication. If you do decide to open the door or, further, allow the police access into your home on you own volition, remember, the you have just, for all intents and purposes, given permission for them to execute a pseudo warrantless scan of your home. Cops have a constitutional right to hold you search, scan, and use against you in the court of law, anything they can see "in plain sight." This means that, if they come to your house without a warrant for one thing, and you let them in which leads them to see another thing, this "thing" could be used against you.

How Does This Affect Me?

To be clear, this particular article is not written to advocate police resistance for the sake of resistance. Rather it is written to ensure everyday Americans know what their rights are during interactions with the police. Understanding what protections you have against the police will help change the liberties police departments (and many other government agencies) interact with you on a daily basis. Now, to be fair, the overwhelming interactions with police officers go smoothly - across all social identities. However, when they don't, they don't. That said, it is important to not downplay, discount, or overlook the role(s) social identity plays in police engagement. Don't take it from me - pick up a history book (if your state allows you to) or scan more of our Con Eye content to see just how being Black and exercises your rights manifests different consequence than, say being white and doing so. Check out or Con-Videos for more information on situations like this.

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Awakening the Constitution is a series designed to help bring the power of the United States Constitution back into the hands and minds of Americans. This series makes a concerted effort to not only provide education around the U.S. Constitution, but to highlight the role of the courts, as well; taking a constitutional eye towards everyday life and telling the true story of the document's relationship to the nation and its people.