Teddy Gonzales is a Litigation Specialist with the Exoneration Project. 

It can be difficult to stay calm when you’re stopped by police officers, especially if you are a person of color or part of a vulnerable community. You may not be able to control what the police do, but you always have the power of your response. 

Know your rights

Remember that you have rights when under custody. Being aware of your rights can help you exercise them if arrested by police. The more you know and practice using your rights, the more confident you will be when you need to use them. Under the Constitution, you have the right to:

• Remain silent,
• A speedy and public trial,
• No excess bail,
• No cruel or unusual punishment, and
• An attorney.

When in custody, you also may ask for: 

• Food, 
• Water, 
• Medicine/medical attention 
• To go to the restroom, and
• Phone calls.
  • As of July 1, you can get three calls within three hours of arriving at the station.

How to talk to the police

If you’re pulled over or stopped on the street by the police:

• Remain calm,
• Speak respectfully, 
• Call them “officer,” and 
• Do not fight back or run away. That can be seen as resisting arrest. 

In order to stay safe and not escalate the situation, do not physically resist. 

Any information can and will be used against you. Stay silent other than when you ask for an attorney or for something you need. The police can lie to you, but you cannot lie to them. 

You do not have to: 

• Carry ID (other than your license when operating a vehicle), 
• Identify yourself, or 
• Say where you’re coming from/going. 

However, you shouldn’t give the police a fake name or fake information. 

You may also not want to give your information if: 

• You are an undocumented person, 
• Undocumented people live in your house, or 
• You believe an arrest warrant is out for you. 

It may be tempting to explain yourself or ask questions. Avoid the urge to talk. It is best to stay silent until a lawyer is with you. To exercise your right to legal counsel, say “I will not talk. I want my lawyer.” 

Getting an attorney

If you do not have an attorney, one will be appointed to you. 

If you are in custody in Cook County, you can call First Defense Legal Aid (FDLA) at (800)-LAW-REP-4 or (800)-529-7374. They will send a lawyer from the Public Defender’s Office within 48 hours of your arrest.

You can also give FDLA’s number to loved ones ahead of time in case you are unable to get a phone call at the station. They can call for you.

When you call this number, you will hear a series of automated messages. The phone will then ring and someone should answer. You must give them the name and birth date of the person arrested and where they are being held, if known.  

If someone doesn't answer, leave a voicemail with: 

• Your name, 
• Phone number, and 
• Any other information about the person arrested.

No matter where you are in Illinois or the United States, you have the right to an attorney. You may be placed under custody for up to 72 hours until the police charge you with a crime. If they do not charge you within that time, you must be released. Do your best to remember as much as you can from your encounter so your attorney can fight for you in court. Know that you will have your day in court and that your rights matter. 

Mindfulness techniques

If you feel anxious or upset when stopped by the police, you can use these strategies to ground yourself in the present: 

Slow your breathing 

Focus on breathing in for 4 counts and breathing out for 8. Repeat as often as you need to stay calm. This will slow your heart rate. 

Concentrate on 4 things immediately around you

Name them to remind yourself where you are.

Repeat an empowering message to yourself

For example, “When they go low, we go high.” 

Remember that your rights matter and your life matters

Hold space for any emotions that may come during or after your encounter.

How else can you protect yourself?

Get a body cam or a dash cam for your own car. Having physical proof of the encounter can help you feel less anxious and more secure about your experience. Don’t be afraid to make a complaint about an encounter.

Look at the officer’s record to see if there’s been similar complaints. Ask their superiors why you were stopped. Make an argument of racial profiling so it doesn’t keep happening in the community.

You can also ask for an Event Query afterwards. Event Queries are conversations between officers and Dispatch before you are stopped. You can get Event Queries through the Freedom of Information Act (FOIA). Go to the police station and request one. In the body of the FOIA, you can also ask for the officer’s body cam and dash cam footage.

Learn more about the process of a criminal case.

• Your rights when under arrest
• Fighting a criminal charge against you
• How to fight a criminal charge against you

Resources and people to talk to if you need help

NAMI Illinois: The Information HelpLine is an information and referral service which can be reached by calling (800)-950-NAMI (6264), Monday through Friday, 9 a.m.- 5 p.m CST. There are also multiple other crisis hotlines on this page.

NAMI Chicago: In addition to their regular helpline at (833)-626-4244, NAMI Chicago also holds virtual support groups and has multiple classes.

National Center on Domestic Violence, Trauma, and Mental Health: See this page for more links to mental health resources that serve your specific community. 

Jerome White of Illinois Legal Aid Online and Alex Santistevan of First Defense Legal Aid contributed to this article.

Editors note: Under Illinois Law, the police are not allowed to ask about your citizenship status, immigration status, or place of birth. If being questioned by the police, you do not have to answer these questions.