What To Do If You're Stopped by Police in New Jersey

Know These Basic Rules

Remain calm. Don’t run. Speak carefully. Anything you say can be used against you.

Don’t reach for your belongings without permission. Keep your hands where they can see them.

Don’t resist, even if you are innocent, if you do not know why the police stopped you, or if you think the police are acting unfairly or unlawfully.

You have the right to say no to searches of your car, house, phone, or person. You cannot be arrested for refusing to consent to a search. Keep in mind that if evidence of a crime is visible, the officer can conduct a search.

If you’re stopped by police, ask them “Am I free to leave?” If you are and do not wish to talk, calmly walk away.

You do not have to speak to the police. If you are arrested:

Ask for a lawyer.
Tell the authorities you are going to remain silent.
Say nothing else.

You do not have to talk about your immigration status with the police. Immigrants with lawful status do not need to show proof of that status to police officers. Do not lie about your citizenship or provide fake documents.

1. If You Are Stopped on the Street

A.If You Are Stopped on the Street

Police may not hold you unless they suspect you’re involved in criminal activity. Race or ethnicity alone is not a valid reason to stop you.

Police may not “frisk” or “pat down” your outer clothing unless they suspect you have a concealed weapon.

Police may not search you, your pockets, or your bags unless they have probable cause to believe they will find evidence of a crime, or they are arresting you. If police try to search you or your property, say, “I do not consent to this search,” and do not physically resist.

Police in New Jersey may not request your ID or demand your name unless they are already issuing you a court summons.

2. If You Are Stopped in a Car

A.If You Are Stopped in a Car

Police may stop your car only if they have reasonable suspicion that you committed a crime or a traffic offense.

If stopped in a car, the driver must show license, registration, and insurance card.

Police cannot ask to search your car unless they have specific suspicion that evidence of a crime is inside.

Police can search your car if they have a warrant, if you give permission, or if, after stopping your car, they develop probable cause that they will find something illegal or evidence of a crime.

Police may order a driver out of the car, but not a passenger unless they have a specific safety concern.

If you are suspected of driving under the influence (DUI), you may be required to take an alcohol screening test. If you refuse, you will face the same loss of driving privileges as for a DUI offense.

3. If Police Come to Your Home

A.If Police Come to Your Home

Police must have a warrant to enter your home, except in emergency situations (e.g., a person screaming) or if you let them in. If police say they have a warrant:

Ask to see it – have them slip the warrant under the door or hold it up to a window.
Make sure the information listed is correct.
Make sure that a judge has signed it.

When police ask to enter or search your home without a warrant, you may refuse to allow them.

If you are arrested in your home, the police can search you and the area close by, which rarely includes more than the room you are in.

Prepare yourself and your family in case you are arrested. Memorize your family’s and lawyer’s phone numbers. Make emergency plans, like a power of attorney, especially if there are children or medical needs. Keep copies of documents with someone you trust.

Stand Up for Your Rights

Sometimes police stop, frisk, or arrest people in violation of their rights. If this happens to you, write down everything immediately, including badge and patrol car numbers. If injured, seek medical attention and take photos. If you were arrested or have been a victim of police misconduct, contact a lawyer as soon as possible.

If you are not under arrest, you have the right to photograph or film police activity in public unless you physically interfere. If you have a right to be somewhere, you can record from there.

Don’t sign any documents without talking to a lawyer. If you are a noncitizen, be sure to speak with your attorney about any potential immigration consequences that may result from your interaction with police.

If Your Rights Are Violated

File a police complaint with the police department’s internal affairs division, which must accept complaints from anyone (including anonymous sources) anytime. You can also contact the ACLU-NJ here.

The information on this page is general in nature and does not constitute legal advice. Consult an attorney for legal advice. Produced and distributed as a free public service by the American Civil Liberties Union of New Jersey Foundation, a non-partisan, nonprofit civil rights advocacy group.