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Know Your Rights

Your Rights in New York City

Know your rights when you interact with the police.

Police officers are allowed to ask you certain questions and take certain investigative actions if you are in a public place or in a car. But you also have rights. Here, find a brief explanation of your rights and what to expect from police officers.

In fact, there are different types of encounters with officers. And in the leading case, People v. DeBour, the New York Court of Appeals determined that when interacting with a civilian, there are limits on the officer’s authority depending on the circumstances of the encounter. This sounds confusing and it is.

There are four levels of police encounters. In a Level 1 encounter, an officer may approach someone and ask general, non-accusatory questions. In a Level 2 encounter, the officer may ask accusatory questions. In a Level 3 encounter, the officer may stop someone and make it clear that they are not free to leave; the officer might also, depending on the circumstances, have the legal authority to frisk or search them. A Level 4 encounter is an arrest or summons.

No matter what, if you are stopped, please remember:

  • Do not physically resist being arrested, even if you believe the police are treating you unfairly. Resisting arrest may include any action that physically interferes with an officer’s effort to detain you. This can result in a charge and may make the situation more dangerous.
  • Do not lie to police. Remember, you have the right to remain silent.
  • Try to carry an ID. NY Law does not require you to carry an ID unless you are operating a motor vehicle. Having an ID is helpful for establishing your identity.

If you think you have experienced or witnessed police misconduct, you can file a complaint with the Civilian Complaint Review Board (CCRB).

The information in this web site is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in the appropriate jurisdiction.

4 Levels of Police Encounters

A brief explanation of your rights and what to expect from police officers.

Questioning (Level 1)

In a Level 1 encounter, an officer approaches someone and asks general, non-accusatory questions.

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Accusatory Questioning (Level 2)

In a Level 2 encounter the officer asks accusatory questions.

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Stop / Detention (Level 3)

In a Level 3 encounter, the officer stops someone and makes it clear that they are not free to leave; the officer might also frisk or search them. 

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Arrest or Summons (Level 4)

A Level 4 encounter is an arrest.

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Car Stops

If you are driving or riding in a car, police officers can ask you certain questions and take certain actions.

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Body-Worn Cameras (BWCs)

NYPD officers and supervisors regularly assigned to patrol are equipped with body-worn cameras (BWC), and they are required to turn them on when engaging in any police action. You have a right to request BWC videos from an encounter you have with the police.

Read More

Report Any Issues

If you experience a disrespectful or otherwise inappropriate encounter with a police officer, including if an officer inappropriately fails to offer or provide you with a business card at the end of an encounter, you can file a complaint with the Civilian Complaint Review Board (CCRB). The CCRB’s purpose is to investigate and mediate complaints about misconduct by NYPD officers.

You can file a complaint by doing any of the following:

  • Complete the CCRB online complaint form;
  • Call 1 (800) 341-2272;
  • Call 311;
  • File a complaint in person at the CCRB office (100 Church St., 10th Fl., New York, NY 10007); or
  • Write a letter to CCRB at the above address; or
  • Go to any police station and either file a complaint there or pick up a CCRB complaint form and fill it out at home and mail it to the above address. 

You may also want to:

Request body-worn camera footage from your encounter

  • Visit the NYC Open Records Page
    • When filling out the “Request a Record” form, be sure to choose the New York City Police Department as the agency that will handle your request and to choose Body Worn Camera as the Request Type, before filling out the details of the incident and your personal information.
    • If your request is denied, you have the right to appeal the denial.
  • Email a detailed account of the incident and your reason for request to foil@nypd.org; or
  • Schedule an in-person request for a records appointment by calling (646) 610-5296

Request the Stop Report for your encounter (the police department’s record of what happened) by visiting the NYPD Stop Report Request Page.

  • To request a Stop Report, you must include the date and time of the incident, as well as the borough and street address or intersection where it took place. It is also helpful to include any officers’ names, their shield numbers, the precinct where the incident took place, and any other details about the incident you may have.

What the police can do:

  • An officer may approach you and ask you general, non-accusatory questions. The officer must have an objectively credible basis to ask you questions. This means that the officer must have a reason to seek information from you, rather than simply acting on a whim, bias (race- or ethnicity-based or otherwise) or a desire to harass. Examples of general questions include:
    • Did you see or hear anything?
    • Can I talk to you for a second?
    • Are you OK? Any problems or issues?
    • What are you doing? (Said in a general tone that is not accusatory.)
    • What is going on? 
    • Why are you in this area?
    • What is your name?
    • What is your address?
    • What is your destination?
    • Where are you headed?
    • Where are you coming from?
  • An officer may ask you for ID, but you are not required to provide it.
  • An officer cannot request to search you or your belongings.
  • An officer cannot detain, frisk, or search you.
  • An officer must give you their business card if you request it, unless the officer is responding to an emergency situation, engaging in undercover activity, or performing certain bag checks.
  • Note: Police officers who patrol NYC Housing Authority buildings can ask individuals there if they are there lawfully and can check to confirm whether they are legal residents or legitimate visitors. 

What you can do:

  • You can ask if you are under arrest or if you are free to leave. 
    • The officer must tell you that you are not under arrest and are free to leave, and you can do so.
  • You do not have to answer the officer’s question. You may exercise your right to remain silent by saying, “I am remaining silent,” or “I am not going to answer your question.” 
  • You can ask for the officer’s business card.
    • Unless the officer is responding to an emergency situation, engaging in undercover activity, or performing certain bag checks, the officer must give you their business card which includes their name and shield number.

What the police can do:

  • In a Level 2 encounter, an officer may ask accusatory questions. 
  • The officer’s reasoning for questioning you must be based on something more than a hunch or a gut feeling. For Level 2, the officer must have a reason to think that suspicious or unusual activity is taking place that could be criminal. Examples of accusatory questions include: 
    • Do you have anything on you that could hurt me?
    • Are there any weapons in here?
    • Did you just buy drugs?
  • The officer should identify themselves and give an explanation for the encounter, such as that the police received information from an anonymous caller about drug dealing at that particular location, with descriptions of the people involved.
  • An officer may ask you for ID, but you are not required to provide it.
  • An officer may ask you to remove your hands from your pockets, keep your hands in view, or put down an object in order to ensure their safety during the interaction.
  • The officer can also ask for consent to search you or your belongings.
    • The officer must inform you that the officer may only conduct a search if you consent to the search. Your refusal to consent may not be used against you or serve as the basis for an arrest.
  • Officers are not allowed to detain, frisk, or search you without your consent.
  • Unless the officer is responding to an emergency situation, engaging in undercover activity, or performing certain bag checks, the officer must offer you a business card with their name and shield number on it at the end of the encounter, if you are not arrested or given a summons.

What you can do:

  • You can ask if you are under arrest or if you are free to leave. 
    • The officer must then tell you that you are not under arrest and are free to leave, and you can do so.
  • If the officer asks for consent to search you, you can refuse consent to the officer frisking you, “patting you down,” or searching. You can do this by saying, “I do not consent to a frisk or search.
    • If a police officer asks to search something of yours that you do not want searched, such as a purse, bag, pocket, or phone, and they do not have a search warrant to search it, you can say “I do not consent to this search.”
    • Police cannot arrest or ticket you simply for refusing to consent to a search.
  • If police start to search something of yours without a search warrant or your consent, do not attempt to stop them. You can be arrested for this.  (See “General Tips” section.) Try to remain calm and mentally note what occurs so that you can write it down. You can file a complaint with the Civilian Complaint Review Board (CCRB) after the interaction has ended.
  • If a police officer asks you a question and you do not want to answer, you may exercise your right to remain silent by telling the police, “I am remaining silent,” or “I am not going to answer your question.” 
  • You can ask for the officer’s business card. (Unless the officer is responding to an emergency situation, engaging in undercover activity, or performing certain bag checks, the officer is required to offer you a business card at the end of the encounter even if you do not ask for one, if you are not arrested or given a summons.)

What the police can do:

  • In a Level 3 encounter, a police officer may stop you and make it clear that you are not free to leave.  The officer then might proceed to take further investigative actions such as questioning or frisking. 
  • To initiate a Level 3 encounter, the officer must have a reasonable suspicion that you are committing, have committed, or are about to commit a felony or a misdemeanor in the NYS Penal Law.
  • An officer may ask you for ID, but you are not required to provide it.
  • An officer may ask you to remove your hands from your pockets, keep your hands in view, or put down an object in order to ensure their safety during the interaction.
  • If an officer reasonably believes you may be armed and dangerous, they can frisk your outer clothing to feel for weapons.
    • Just because the officer has the reasonable suspicion required to initiate the stop does not necessarily mean they can frisk you. 
    • For example, if the officer simply has a reasonable belief that you engaged in a shoplifting, which does not typically involve a weapon, the officer cannot frisk or search you for weapons without your consent unless there is some other reason the officer reasonably believes you are armed and dangerous.
  • During a frisk, if an officer feels an object that they reasonably believe could be a weapon, the officer can reach into your pocket/clothing to evaluate the object.

What you can do:

  • You can ask if you are under arrest or if you are free to leave.
    • The officer will tell you that you are not free to leave but that you are not under arrest.
  • You can tell the officer you would like to remain silent if you don’t want to answer the officer’s questions.
  • Unless the officer is responding to an emergency situation, engaging in undercover activity, or performing certain bag checks, the officer must offer you a business card with their name and shield number on it at the end of the stop, if you are not arrested or given a summons.

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. 

If you are driving or riding in a car, police officers can ask you certain questions and take certain actions.

  • An officer can stop a car if they have probable cause that the driver and/or occupants have committed or are committing a crime or a traffic violation or reasonable suspicion of a felony or NYS Penal Law misdemeanor.
  • The officer can ask you for your driver’s license, registration, and proof of insurance, which you must provide.
  • The officer may direct you to get out of the car, and you must do so.
    • If an officer reasonably believes you may be armed and dangerous, they can frisk your outer clothing to feel for weapons.
  • In some circumstances, the officer can ask for consent to search you, your belongings, or your car.
    • If you do not want them to search your car or belongings, you can refuse by saying, “I do not consent to a search.”
  • If the officer has a probable cause to believe there may be evidence of the crime for which they initiated the stop, they may search car for such evidence, without a warrant or your consent. For example:
    • If the officer has probable cause that there was a firearm in a car, they may search the entire car, including the trunk, in areas where that firearm might be hidden.
    • However, if the officer stopped the car because one if its tail-lights was out, the officer cannot search the car without a warrant or the driver’s consent.
  • If the officer stops a car because the officer has reasonable suspicion that a felony or penal law misdemeanor is being committed, has recently been committed, or about to be committed by the driver or one of the occupants, the officer may search any area of the car where the driver and/or occupants are sitting (the “grabbable” area).
  • If the officer arrests you, they may then search the passenger compartment of the car as well, including any closed containers in the car.

NYPD officers and supervisors regularly assigned to patrol are equipped with body-worn cameras (BWC), and they are required to turn them on when engaging in any police action. You have a right to request BWC videos from an encounter you have with the police.

  • Body-worn camera footage is a useful tool because it provides an objective account of your encounter with police.
    • NYPD policy requires officers to activate their BWCs before engaging in any police action, which includes all Level 1, 2, and 3 encounters and arrests, as well as responding to calls for service and any self-initiated investigative or enforcement activity.
    • The camera should stay on until the interaction with the citizen has concluded. 
    • Officers cannot edit or delete video footage.
  • You have a right to request the BWC footage from any encounter you have with police.
    • When filling out the “Request a Record” form, be sure to choose the New York City Police Department as the agency that will handle your request and to choose Body Worn Camera as the Request Type, before filling out the details of the incident and your personal information.  
    • If your request is denied, you have the right to appeal the denial.