Show your driver's license, registration, and proof of insurance upon request. Turn off the car, turn on the internal light, open the window part way, and place your hands on the steering wheel. Stop the car in a safe place as quickly as possible. If they search any more than this, say clearly, "I do not consent to a search." If they keep searching anyway, do not physically resist them. The police may frisk you for weapons by patting the outside of your clothing, but nothing more. Being detained is not the same as being arrested, but an arrest could follow.
#GEORGIA DUTY TO INFORM FREE#
If the officer says you are not under arrest, but you are not free to go, then you are being detained.
If the officer says you are under arrest, you have the right to ask why. If you are not free to leave, ask if you are under arrest. If the officer says yes, calmly and silently walk away. You do not have to show any ID unless you are operating a car, or unless the officer has probable cause to believe you have violated the law.Īsk if you are free to leave. If you wish to remain silent, tell the officer out loud by saying “I want to remain silent.” You do not have to answer any questions, including questions about your name, age, and address however, it is advisable that you provide only this basic information. Keep your hands where police can see them. If your request for information is refused, note the information you can see, and file a complaint later if you feel your rights have been violated. You can ask for the officer's name and badge number. If they do not have a warrant and continue to search, it is important that you have made it clear that you do not consent, but do not physically resist.ĭo not argue, resist, run away, interfere with, or obstruct the officer, even if you are innocent or believe the officer is wrong-you can be arrested for it.
If the police say they have a warrant, ask to see it. You may say, “I do not consent to this search.” This may not stop the search, but this is the best way to protect your rights. You do not have to give your consent to any search of yourself, your car, or your home. You cannot be legally arrested for refusing to identity yourself to a police officer (unless you are charged with loitering or prowling). You do not have to answer a police officer's questions, but you must show your driver’s license, registration, and proof of insurance when stopped while driving a car. What you say can be used against you and can give the police an excuse to arrest you, especially if you speak disrespectfully to an officer.
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