A ‘stop and frisk’ with law enforcement can be an unsettling experience, especially if you believe that your rights were violated. While a stop-and-frisk is a legal procedure, it must be conducted in a way that respects an individual’s constitutional rights and the boundaries of the law. Below we look at what to do if you feel your rights were violated during a stop and frisk.
Protecting Your Rights: Responding To Stop And Frisk Violations
Stay Calm
Even if you think you are being wrongly accused, or an officer doesn’t have just cause to search you, it’s essential that you stay calm. It will become complicated to make a complaint or pursue legal action if you fight back and refuse to cooperate.
Of course, you can state your rights and let the officer know what they are doing is wrong, but if they still insist, try to stay calm and comply. Aggressive behavior will not go in your favor, even if the officer is in the wrong.
Document The Incident
During the encounter, remember everything you can about it so you can document it afterward. If there are any witnesses you can even ask them to record the incident on their phone, as is their right. Witness statements will help you when filing a complaint against the officer, instead of it being your word against theirs, which can make it more difficult to prove.
Write down important details such as:
- The officer’s name, badge number, and any other information that could identify them
- The time, date, and location of the incident
- Take note of any CCTV cameras in the area, which could be used as video evidence to back up your case in a court of law
If you have any injuries because the officer used excessive force to stop and frisk you, make sure you take photographs and make a visit to your doctor. The more evidence you can gather, the easier it’ll be to bring the officer to justice.
File A Complaint
After the incident, you have the right to file a complaint against the officer in question, or the whole police department. It is best to file a complaint with the civilian complaint review board, but you can also file a complaint with the internal affairs division. Visit the local police station to find out how to proceed. The officers have a legal obligation to provide this information, if they do not, this can also be used as evidence against them.
Consult With An Attorney
Unlawful search and seizure attorneys work with individuals who have been unlawfully stopped and frisked. If your rights have been violated, you can take this further. When an officer uses their power against a citizen, justice should be served. This can prevent a similar incident from happening to someone else, and the officer in question can be justly punished for their actions.
A stop-and-frisk should only occur when an officer has a warrant, or just cause. If an officer goes against your rights, even if they find something, you have the right to speak to an attorney and file a complaint. The evidence found in an unlawful stop and frisk can also be argued against, as it was found under illegal procedures.