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Arrest or Summons (Level 4)

What the police can do

  • Police can ask for your identity.
    • If asked who you are, state your full name or ask them if they would like your ID.
    • Do not attempt to reach into your pocket for your ID unless you have been asked to do so.
    • In New York, you are not required to carry identification.  However, if you refuse to give officers your ID or tell them your name after being arrested, they are allowed to detain you until you can be identified.
  • Police can record the content any phone calls you make to family members or friends, but they may not record the content of conversations with your attorney.

What you can do

  • Aside from stating your name or address, if you do not want to answer any questions, you can exercise your right to remain silent by telling the police, “I am remaining silent,” or “I am not going to answer your question.”
  • You have the right to talk to a lawyer before you talk to the police.  Other than giving your name and address, you can refuse to talk to police without a lawyer present.  You can respond to any further questions from police by saying, “I would like to talk to a lawyer.” 
  • You can refuse to make any decisions related to your arrest or sign any statements until you have talked to a lawyer.
  • Miranda warnings: The police are typically required to explain these rights to you. These are often called “Miranda warnings.”
  • After being arrested, you can ask the police to contact a family member or friend