Know Your Rights - Houselessness
“NO HOUSING NO PEACE.” @stop_death_on_the_streets / Instagram
Everyone in the U.S. has inalienable rights, meaning these are universal rights that cannot be infringed upon by anyone, including the police and other state and federal government officials. Often people in authority positions will intimidate people into giving up their rights because they assume people do not know what their rights are. This is why it is so important for you to know your rights in any situation!
Here is some important information to know about your legal rights if you or someone who is unhoused is approached by police.
*This article does not constitute legal advice.
If you are questioned, frisked, or stopped by police while on foot:
Consider your safety. Trying to stay calm, ask questions, and keeping your hands visible may help de-escalate police use of force. Do not run. Remember that anything you say or do can be used against you.
You have the right to not speak, but you must invoke this right by saying “I would like to remain silent.” AND THEN STAY SILENT!
You do not have to consent to a search of yourself or your belongings. The 4th Amendment of the U.S. constitution prohibits unreasonable searches and seizures, and this right protects everyone in the United States regardless of citizenship status. DO NOT touch any police officer. DO NOT resist physically. Nonviolent noncooperation is not resisting. You must vocally assert your 4th amendment right by saying “I am not going to resist you, I do not consent to a search.”
Police may pat down the outside of your clothing without consent if they have reason to believe you are carrying a weapon. If police say they have a warrant to search your belongings, DO ask to see the search warrant. If they threaten to get one, DO tell police to get a warrant because they may be able to detain you until they obtain a warrant. Some police officers may disregard this right and still go forward with the search despite not having a warrant, but stating that you do not consent is important for protecting your rights if you have to go to court.
You have the right to request a receipt if any property is taken from you by police. DO ask for officers’ names, badge numbers, and business cards.
You should not provide false identification information, as you can be charged with a crime if you do. If police are charging you with a crime, they may detain you until they establish your identity. If asked for ID, you should ask “What crime am I being charged with?”
You do have the right to ask people on the street for money as long as you are respectful and not aggressive.
You have the right to film the police, which may be a helpful way to document violations of your rights or the rights of others.
DO ask officers if you are free to leave. Police may stop and detain you briefly only with reasonable suspicion that you have been involved in a crime or violation. Unless you have been ordered to stop, you may leave at any time but you should ask “Are you detaining me, or am I free to go?”
If your camp is at risk of being swept:
Before a sweep can occur, notice must be posted to an accessible space 24 hours in advance and be written in both English and Spanish. However, the 24-hour notice is not required if law enforcement believes there are other illegal activities occurring, or if there is an emergency or immediate danger. You cannot be issued a citation for illegal camping if you are within 200 feet of a 24-hour notice and it is within two hours before or after the notice has been posted.
Camping on federal or public property is prohibited under many city and county ordinances, as well as on state lands under state laws. However, you have a right to engage in life-sustaining activities in public when you have nowhere to go.
If you are present during the sweet, request a receipt for any property taken from you. Law enforcement must store all personal property for at least thirty days. After thirty days, unclaimed property may be thrown away. However, any property that is not in sanitary condition, is a weapon or drug paraphernalia, or appears to be stolen may be confiscated and discarded by law enforcement.
If you are stopped in your car:
You have the right to sleep in your car as long as you are not violating parking or traffic laws.
If you are a passenger, you can ask if you’re free to leave. If yes, you may leave silently. If you were driving, you must be able to show your driver licence, registration, and proof of insurance when asked.
DO keep your hands on the wheel and let the officer know what you are doing, for instance saying “I am going to reach for my registration now.”
DO NOT physically resist a search.
DO say “I do not consent to this search.” If police can see any evidence or contraband, it can be seized without a warrant. Cars may still be searched without a warrant if an officer has probable cause to believe there is evidence of a crime or contraband in the vehicle.
If you are arrested, DO ask if you can park your car in a safe place or have a licensed driver take it away to avoid traffic tickets, towing or impoundment fees.
If you are arrested or taken to a police station:
DO tell the police your name and basic identifying information when asked.
DO say “I would like to speak to a lawyer before answering any questions, and until then I am going to remain silent.”
DO NOT make any decisions in your case or sign any statement until you have talked with a lawyer.
Within a reasonable time after arrest and booking, you have the right to make a local phone call. Police cannot listen if you call a lawyer, however they can and often do listen if you call anyone else.
In any situation where you are stopped by the police, remember these four magic phrases:
“Am I free to go?”
“I do not consent to any searches.”
“I want to speak to a lawyer.”
“I want to remain silent.”
Written by Katelin Ling Cooper
