Know Your Rights - CCRB

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Why File a Complaint

Know Your Rights

FAQ

Brochures (Multiple Languages)


Know your rights

During an encounter with the NYPD, civilians have the right to know the identity of the officer involved, consent to searches, and more. Keep reading for an overview on the rights you are entitled to during different types, or “Levels” of police interactions.

Level 1 – Request for Information:

If an officer has an objective credible basis to approach you, the officer may ask for information (e.g., “Where are you going?” “Where are you coming from?” “Where do you live?”) or request your identification. The officer may not restrict your freedom of movement, detain, search or frisk you. You are free to leave. If you are not sure if you are being detained, you may ask, "Am I free to leave?"

The officer does not have to tell you why you are being asked information.

The officer does not have to offer you a business card. However, you have a right to request a business card.

Level 2 – Common Law Right of Inquiry:

If an officer has a founded suspicion of criminal activity happening, the officer may ask accusatory questions (e.g., “Do you have anything on you?” “Are there any weapons in here?” “Did you just buy drugs?”) and may seek consent to search. The officer is not permitted to restrict your freedom of movement. You are free to walk away. If you are not sure if you are being detained, you may ask, "Am I free to leave?"

Officers should identify themselves and explain the reason for the encounter.

Officers must inform you that they may only conduct a search if you consent to the search of your person, property, vehicle, or home.

Officers should offer you a business card at the end of the encounter with their name and shield number on it.

Level 3 – Reasonable Suspicion to Stop:

If an officer has reasonable suspicion that you have committed, are committing, or are about to commit a crime the officer can restrict your freedom of movement, detain, and pursue you. You are not free to leave. If the officer believes you are armed, the officer may frisk you, and potentially search you.

Officers must identify themselves and explain the encounter.

Even if your freedom of movement is restricted, there are situations in which officers may only search you, your property, vehicle, or home if you consent to be searched. In those situations, officers must inform you that they may only search you if you consent. Officers do not need your permission to frisk you if they have reasonable suspicion that you are armed and dangerous.

Officers should offer you a business card at the end of the encounter with their name and shield number on it.