Understand Your Rights During Police Encounters

This post was originally published on Defender Network

By Laura Onyeneho

Can you remember your first experience with the police? 

Law enforcement is meant to serve and protect, but for many Black Americans, interactions with officers are filled with anxiety and fear. Parents of Black children across the U.S. know this reality all too well. They sit their kids down for “the talk,” preparing them for the day they may be stopped simply because of their skin color. 

The tragic deaths of young Black Americans at the hands of police have intensified concerns about these encounters. Cases such as Sandra Bland, Duante Wright, Breonna Taylor, Atatiana Jefferson and Botham Jean highlight the deadly consequences of racial bias in policing. 

These individuals were killed in situations where police misconduct and excessive force played a central role, underscoring the urgent need for Black youth to be aware of their rights and how to handle police interactions.

Camille Gibson, a faculty member at the College of Juvenile Justice at Prairie View A&M University (PVAMU), says a deep-rooted history shapes these interactions. 

“Historically, there has been that history of distrust for very good reasons,” she says. “From slavery, where law enforcement helped maintain the system, to today, where negative assumptions about Black youth—based on how they dress or express themselves—can turn deadly.”

Many Black people are unaware of their legal rights during police stops. Gibson references the 1980s Supreme Court case Florida v. Bostick, where Justice Thurgood Marshall noted that Black Americans often feel they cannot say no when law enforcement asks to search their belongings. 

“Many folks in America can say no, but the Black man in America would not feel that he could say no,” Gibson says.

One common legal misunderstanding is that an officer cannot search a person’s pockets unless they have probable cause. 

“If an officer only has a reasonable suspicion, they are not legally allowed to conduct a full search unless they feel something that resembles a weapon during a pat-down,” says Gibson. However, not all officers strictly adhere to these rules, which can lead to unlawful searches and arrests.

Practical Steps to Take During a Police Stop

Knowing one’s rights is not just about avoiding legal trouble—it can be a matter of survival for young Black people. 

“For Black folks, it’s a matter of life and death, unfortunately,” Gibson states. “While the media often focuses on cases like George Floyd and Breonna Taylor, there are countless other instances where Black individuals have been unfairly targeted, mistreated, or even killed during routine stops.”

Brian Klosterboer, senior staff attorney at the ACLU of Texas, says that the legal protections people have in theory do not always align with reality. “We all have rights when we encounter police, but unfortunately, what the courts say is not always what happens in reality,” he explains. “We have seen police cross constitutional lines, using excessive and even deadly force when they’re not supposed to.”

Klosterboer offers several key tips:

1. Have proper documentation ready – Keep your driver’s license, registration, and proof of insurance easily accessible to avoid unnecessary complications.
2. Start recording – If possible, begin recording the encounter on your phone. However, Klosterboer warns, “Police officers sometimes mistake a phone for a weapon, so always announce what you’re doing before reaching for it.”
3. Comply in the moment, challenge later – Klosterboer notes, “Even if an officer’s order is unconstitutional, resisting can result in additional charges. It’s safer to comply and challenge the situation later.”
4. Stay in Your Car – “You’re not supposed to get out of the car unless the officer asks you to,” says Esther. Exiting the vehicle unprompted can escalate the situation.
5. Do not consent to a search – “Always say NO,” he advises. Klosterboer adds that officers may use vague language to get consent: “They might ask, ‘Can I just take a quick look in your bag?’ It’s crucial to calmly and firmly say, ‘I do not consent.’”
6. Remain Silent – If you are arrested or if an officer finds something suspicious in your vehicle, do not argue or try to explain. “Put your hands behind your back and stay quiet. Anything you say can and will be used against you,” warns Klosterboer.

Gibson stresses that education about police interactions should start at home and in schools. 

“Parents should remind their children about the importance of keeping their hands visible, avoiding sudden movements, and following instructions during a traffic stop,” she says. 

Schools and community organizations can also play a role by hosting workshops on legal rights and police encounters.

The Texas Department of Public Safety provides guidelines for filing complaints about police misconduct, which can be found on the back of traffic tickets. However, many Black individuals historically have been skeptical about whether filing complaints leads to real consequences. 

“There are complaint mechanisms with each law enforcement agency and local governments, and organizations like the Houston Police Accountability Collaborative work with pro bono attorneys to address police misconduct,” Klosterboer says.