On the street and in public...

You never have to consent to a search. If a cop asks to search you, your home, or your bag, saying “I do not consent to a search” helps protect your rights.

• Cops are allowed to do a “pat down” if they believe that you may be armed.
• If a cop tells you that they have a search warrant for your home, ask to see it.

If a cop stops you, you can ask if you’re being detained. If the answer is “no,” you are free to go. Cops have a right to detain you for at least short periods of time if they have a reasonable suspicion that you have or are about to commit a crime.
 
While cops don’t have a right to demand ID unless they reasonably suspect that you are involved in a crime, they will probably arrest you if you refuse or fail to show ID.
 
The cops can and will lie. For example, an undercover cop does NOT have to tell you the truth if you ask them if they’re a cop.
 
Do not talk to the cops without a lawyer. It is your right and the cops are not there to help you. If you get arrested, ONLY provide them with your name and address and then say “I want to
talk to a lawyer.” And hold firm.
 
If you think a cop is doing something wrong to you, you can get in more trouble if you try to fight back. It’s usually a good idea to stay calm and ask for their name and badge number. That info is useful if you want to file a complaint later.

If you have been arrested....

If you are an immigrant and get arrested, make sure your lawyer knows you’re an immigrant and figures out how a plea would affect your status. DO NOT answer questions from anyone else. Immigration officrs in jails may ask you questions—you do not need to answer and it is better for you not to.
 
It is always your decision whether or not to take a plea. Taking a plea often makes sense,
but it can affect your life in a lot of ways. Get as much information and take as much time as you can to think about your options. If you take a plea or get convicted after a trial, you will not be able to sue the cops for falsely arresting you.
 
If you were taking hormones before you were put in jail or prison, you have a right to keep receiving them. It can help to have a letter from your doctor or a copy of your prescriptions that your friend or advocate has access to.
 
You have a right to be protected from harm, like rape or beatings, if you get locked up. The COs should move you to somewhere you will be safer if necessary.
 
If you want to file a lawsuit about something that happens to you while you’re locked up, you have to file a grievance in the jail or prison first. You also have to appeal the grievance, even if you never get a decision. You should file the grievance as quickly as possible—within two weeks if you can—and you should include everything wrong that happened to you.
 
You have the right to make grievances, contact lawyers, and speak up about things you see going on in jail that you believe are wrong. But, it’s possible that COs will retaliate against you anyway. You have to decide what will be safest and best for you.
 
You can change your name from jail or prison, but it’s very hard to get access to the documents you need to do it—mainly your birth certificate—from the inside. It can help if your trusted friend, family member, or lawyer has access to these important documents in case
you need them.
 
If you want to file a lawsuit against the NYPD or the jail, you have 90 days from the date of your arrest to file a “Notice of Claim.” You must file this to preserve your right to sue under state law. You should talk with your lawyer before filing or signing any written statements about events that led to your arrest.
 
If your friend or loved one gets arrested, stay involved! It can really make a difference to the case if you come to court dates, talk to your friend’s lawyer, gather info, and stay in touch with your friend throughout.