1. The Big Five Constitutional Rights Everyone Should Know
- First Amendment
Freedom of speech, freedom of the press, right to record public officials in public spaces.
- Fourth Amendment
Protection from unlawful searches, seizures, detentions.
- Fifth Amendment
Right to remain silent; right against self-incrimination.
- Sixth Amendment
Right to counsel, right to a fair trial.
- Fourteenth Amendment
Equal protection under the law; due process against all government entities.
2. Your Right to Film Public Officials
- It’s legal to record police, public officials, and public employees performing their duties in public.
- You do not need permission.
- You do not need to explain why you are filming.
- They cannot lawfully order you to stop unless you are truly interfering (and even then, “interference” has a very high bar).
- Relevant Case Law:
Glik v. Cunniffe, Fields v. Philadelphia, Turner v. Driver.
3. When Can You Be Asked for ID? (Stop and Identify Laws)
- Voluntary encounters ➔ You don’t have to ID yourself.
- Terry stops (reasonable suspicion) ➔ Some states allow officers to demand ID, but the stop must be lawful.
- Arrests ➔ You must identify yourself.
4. Traffic Stops: What You Must Do vs. What You Can Refuse
- Provide license, registration, insurance if driving.
- You can refuse to answer questions beyond basic ID info.
- You can refuse searches unless they have probable cause or a warrant.
- "Am I being detained or am I free to go?", the magic phrase.
5. Searches: Your Rights Against Unlawful Search and Seizure
- Without a warrant, your consent, or probable cause, police cannot legally search your person, vehicle, or property.
- Saying "I do not consent to any searches", protects you even if they search anyway (preserving your legal challenge later).
- "Plain view" exception explained (what cops can seize without a warrant if it's in plain sight).
6. Remaining Silent: How and When to Invoke It
- Simply staying silent is not enough, you must affirmatively state:
➔ "I am invoking my right to remain silent."
- Applies in traffic stops, street encounters, and after arrest.
- Protects against providing evidence through nervous chatter or confusion.
7. When and How to Ask for a Lawyer
- You can ask for an attorney at any point, even mid-questioning.
- Once you ask, all questioning must legally stop.
- Say it clearly:
➔ "I want to speak to a lawyer."
- Police cannot "wear you down" into changing your mind.
8. What to Do If Your Rights Are Violated
- Stay calm and do not resist physically (even if they are wrong).
- Document everything:
➔ Names, badge numbers, times, locations, video evidence.
- Get safe, then file complaints, request bodycam footage, and consult a civil rights attorney.
- You may have grounds to sue under 42 U.S.C. § 1983.