I have been stopped by the police...

• You have the right to remain silent, you do not need to disclose where you are coming from, where you are going, where you live, or your citizenship status. In some states, not all, you are required to disclose your name. In New York State, you are not required to carry or show ID but if you are arrested or issued a summons and you refuse to provide identification, you may be detained until you can confirm your identity.
• If you do not feel comfortable answering questions for any reason, ask that you be allowed to wait until you may have a lawyer present.
• Do not resist or run. Along with our rights, there are certain expectations in regards to our behavior. The expectations are to be as polite as possible so you cannot be accused of inciting any escalation.
• You do not have to allow a search of yourself or your belongings however the police may pat you down to search for weapons. You must say “I do not consent to a search” if you do not want to have yourself or your things searched. The officers may proceed despite your withholding consent but they would be doing so illegally, which will be important in any subsequent legal proceeding.

I have been pulled over by the police...

• Vehicle Searches:
  • You may say, “I do not consent to searches”
  • This may not stop them from searching your car. However, to do so legally there must be “probable cause”
    • Driver visibly intoxicated
    • They smell something that leads them to believe an illegal substance is present
    • Any visible illegal substances
    • Pullover as quickly as possible in a safe place.
    • If possible, stop somewhere well lit.
• Turn off your vehicle, lower your window part way, and place both hands on the steering wheel or dashboard so they are visible.
• When asked, show your license, registration, and proof of insurance; be sure to have these things easily accessible at all times.
• Do not make any sudden movements and keep your hands where the officers can see them.
• Refrain from reaching into pockets or other compartments of your car. If you must, inform the officer of what you are doing first.

I am witnessing police brutality...

• Keep a safe distance
• Use your phone to record audio or video (preferred)
  • Do not conceal the phone, you have the right to record the police. However, all other parties involved must be aware they are being recorded
  • The officers cannot require you to show them the footage without a warrant, nor can they (under any circumstances) delete the footage from your phone or make you delete the footage
  • If an officer should ask you to stop recording or give them your phone, politely but firmly inform them that you do not consent to do so.
  • Be aware that an officer may choose to arrest you for not being compliant, the arrest would be unlawful if you were within your rights but you must weigh the personal risk for yourself.
• If you are arrested you may ask to make a local phone call. If you are calling to speak to your lawyer they may not listen to your conversation. If you are making a personal call they can and often do listen to your conversation.
• If you discern you are in a situation in which the police have violated your rights, be sure to record any information you can. Keep a detailed report of the events preceding, during, and after. Take note of the badge and patrol car numbers of the officers involved. If possible, ask for the contact information of witnesses, this will be of use to you later on. If you are injured at any point be sure to photograph all injuries and seek medical help immediately after. As soon as possible, file a written complaint to the agency’s civilian complaint board or their internal affairs division

An officer is at my home...

• Unless there has been an arrest or special circumstances (such as reason to believe evidence is being actively destroyed) that justify police to conduct a search, a warrant will be needed to enter and search the premises.
  • Unfortunately however a roommate may also grant access.
• Do not invite them in, speak with them through the door and ask to see proof of identity.
• You are not required to admit an officer into your home without a warrant signed by a judicial officer.
  • The warrant must list your name and address as the subject of the warrant.
  • You may ask the officer to slide the warrant under the door or hold it up to the window so you can read it.
  • A warrant permits the officers to search only in the areas and for the items listed on the warrant.
  • Even with a warrant to search the home, you still have the right to remain silent.
  • You should abstain from answering questions or interacting with the officers while they conduct their search.
  • It is best that you stand and observe silently.
  • Take note of everywhere they go in your home, anything they take and what they do.
  • An arrest warrant will list the name of the person to be arrested.
• If you are a guest in the home and you happen to answer the door, clearly state that you are a guest and therefore do not have the authority to admit the officers into the home or tell them anything about the home or its owner.

I am being arrested...

• You should always stay prepared, be sure to always have the numbers of your family and lawyer memorized.
  • Have emergency plans in place if you have medication you must take.
• Tell the officers you wish to remain silent and immediately ask for a lawyer to be present.
  • If you cannot afford a lawyer you have the right to request a free court-appointed lawyer.
  • Until you have a lawyer present do not say anything and definitely do not sign anything.
• To reduce risk to yourself, do not resist arrest.
• On your college campus, you have every right to speak out, distribute flyers or petitions, and wear expressive clothing; so long as you do not violate explicit school policies or disrupt the functioning of the school.
• Outside of school, you maintain the right to participate in organized protest and speak out just as all others do. Therefore, you are most likely to be fully protected under the law if you organize and protest off-campus.

I am a LGBTQIA+ student...

• You have the right to be freely and openly you on campus.
• No employee of the school should ever “out” students to the families.
• Every school is responsible for creating a safe and inclusive environment for all its students.
  • The school should address all reports of harassment or threats.
  • It is important that you report any incidents so the school is held legally responsible if they fail to protect its students.
  • The confidentiality of every student's transgender status and gender assigned at birth should always be protected by the school.
  • In the event that the school reveals any such information without your permission, they could be in violation of federal privacy laws.

I am a pregnant student...

• The school may not prohibit pregnant or parenting students from attending classes or extracurricular activities.
• All schools must provide pregnant students with the same accommodations as students with other temporary medical conditions.
  • This includes the ability to make up missed assignments, go to medical appointments, and be allowed time for childbirth and recovery.
• The school should ensure you are able to learn in an environment in which you feel safe and accepted.

I am an immigrant student...

• Schools may not discriminate against students on the basis of race, skin color, or national origin.
• The schools may not require students to prove their immigration status to enroll in school.
• The school may not disclose information about a student's immigration status without their permission.
• Students with limited proficiency in English should be accommodated with language instruction.

I am a student with a disability...

• Schools may not discriminate against students with disabilities as declared by federal law.
  • They should be granted equal access to all academic courses, extracurriculars, and health services.
  • The school must make the necessary accommodations to ensure equal access to these resources and respond accordingly to all reports of harassment and bullying.
  • The school must ensure that all school facilities are accessible to students with disabilities.
  • In the event you have any specific accessibility concerns, you may reach out to the DRC at drc@albany.edu or to SA’s director of disability services at sadisabilityservices@albany.edu.

I have been sexually assaulted...

• If you are a survivor of sexual assault and you may want to file a complaint:
  • Try to preserve as much physical evidence as possible (if possible refrain from bathing).
  • Any collected DNA (i.e.: scratching, biting) would be beneficial in any further investigation.
• As soon as possible seek medical care and call one of the following advocacy resources:
  • Planned Parenthood Victim Advocacy Services (1-800-342-3720)
  • UAlbany’s Advocacy Center for Sexual Violence 518-442-2273.
    • The Advocacy Center for Sexual Violence is only available for calls during business hours.
    • Title IX protects you in the case of sexual assault on campus, however, if you are sexually assaulted off-campus the school is not bound by law to investigate.
  • Sunysavr is another great resource you can use to seek help or make a report; https://www.suny.edu/violence-response/.
• Rape kits are thorough examinations that are designed to help you in the event you decide to pursue legal action.
  • The exam is often lengthy and consists of swab sample collection, a speculum exam, a blood sample collection, and photos taken of all areas where injuries may have occurred.
  • They will also use a colposcope to take photos of any internal injury.
  • All rape kit examinations will end promptly upon your withdrawal of consent.