When are officers permitted to stop me on the street?

  • If the officers see you commit a violation like littering, jaywalking, or with an open container of alcohol.
  • If the officers reasonably suspect you have committed a crime, like theft, assault, or trespassing.
  • If the officers reasonably believe you are wanted for arrest due to an outstanding warrant or a crime you previously committed.

What if the officers just walk up to me and ask questions (a “social contact”)?

  • Police may always approach someone who is in a public place to question them. They may not give directions (like telling a person to stay put or forcing them to answer) or use their authority in a way that would make an average person feel they are not free to leave.
  • If a person is not detained, police may not require them to remain in the area, answer questions, identify themselves, or frisk/search them.
  • If officers do detain someone (forcing them to stay and answer questions) they need a reason to be suspicious of that person.
  • If you are unsure if you are detained, ask. Officers should answer this question.

When are officers permitted to “frisk” someone who is stopped for weapons?

  • Officers are only allowed to frisk someone they have a legal reason to detain and who they reasonably believe to be armed and dangerous.
  • Officers may only make the decision to frisk in order to find weapons; they may not use them purely to search for other evidence like drugs or a driver’s license.
  • However, if a frisk reveals something that is obviously drugs, like a needle or a baggie, the officer may seize it as evidence.

What are officers allowed to do during a street stop?

  • When officers detain someone on the street, they may take steps that are proportional to the crime they suspect them of committing.
    • For example, officers may hold an armed robbery suspect at gunpoint, place them in handcuffs, and frisk them. They can take these extreme steps because it’s reasonable to think an armed robbery suspect is armed and might do something violent. It would not be permitted to do so when someone is just jaywalking.

When can the officers arrest me during a stop?

  • If you have an outstanding warrant for your arrest.
  • If the officers develop probable cause that you committed a crime, such as through review of surveillance video, an eyewitness identification, or finding evidence of the crime on you.
  • If you physically obstruct the officers, such as by attempting to run away or refusing to follow their directions.

Can the officers stop me because of my race/sex/gender identity/etc.?

  • No – Officers may not base a decision to detain you on the basis of your race, gender identity, sex, political affiliations, housing status, economic status, disability, national origin, or mental illness alone.
  • Officers may use a description provided by a witness to try and identify suspects – for example, if a witness tells the officer a white male committed an assault, officers may use that information to narrow down suspects.

Do I have to identify myself to the officers?

  • You are required to provide identification if the officers witnessed you commit a violation (such as an open beer can). It is also required if officers stop you while you are carrying a firearm or attempting to purchase liquor. Otherwise, officers may not require you to provide identification.
  • Providing false information about your identity, such as a false name, is a separate crime – even if you were not required to provide a name in the first place.

Do I have to talk to the officers?

  • Other than providing your identification in the situations mentioned above, you have the right to remain silent during a street detention, and officers cannot make you answer questions.