YOUR 4TH AND 5TH AMENDMENT RIGHTS WHEN POLICE STOP YOU

By LUCIOUS CLARENCE CONWAY, JR.

When police stop you in public here is a script of what you may say to exercise your individual rights

under the 4th and 5th Amendments to the United States Constitution:

"Officer:

Other than providing my driver's license (or state identification) and proof of insurance, I do not wish

to provide any information until I have consulted with my attorney. If my lawyer cannot be reached, I

would like a public defender. I would like to talk to my lawyer now.

If you wish to question me, or wish to obtain a waiver, I want my lawyer present. I do not want my

person, car or other property to be searched. I do not want to perform any physical acts or tests. I do not

want to participate in a line up, nor do I consent to being recorded.

If requested to take a breath test, I want to talk to a lawyer first. If I cannot get legal advice, I will

submit to the test only if my driver's license will otherwise be suspended or revoked. If a breath test is

given, I also want an independent blood test.

If I am under arrest, I would like to arrange to secure my property. I do not consent to any impound or

inventory of my vehicle or other property, but I do waive any claim against you for theft, loss or

damage if you allow me to safeguard my own property. If I am not under arrest, I want to leave. Please

tell me so I may go on my way. Thank you."

Memorizing and using this statement could provide you with the protection you are entitled to under

the 4th and 5th Amendments to the United States Constitution. The Fourth Amendment (Amendment

IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable

searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by

probable cause. The text of the 4th Amendment reads, "The right of the people to be secure in their

persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,

and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be seized."

The Fifth Amendment (Amendment V) to the United States Constitution, which is also part of the

Bill of Rights, and it protects against abuse of government authority in a legal procedure. The text of

the 5th Amendment reads, "No person shall be held to answer for a capital, or otherwise infamous

crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or

naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any

person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be

compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or

property, without due process of law; nor shall private property be taken for public use, without just

compensation."

These individual rights are yours to protect you, and ensure justice prevails in our society and in our

interaction with the government in general and police in particular among other things. But, they are

useless to us if we do not know them or worse do not use them. Arm yourselves with the power of the

law today.

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