Here is the short version. During the stop: hands where they can be seen, a level voice, no sudden movement, no running, no physical resistance, even if you are sure the stop is wrong. After the stop: write down everything, the same day. A stop that was unlawful can still be answered later, in a courtroom, with video and paperwork. A stop that turned into a struggle is a much harder case, and sometimes a new charge.
The rest of this post is the law behind that advice, and the handful of sentences worth knowing by heart. The full rules are on the stop and frisk page and the unlawful search page.
What the officer needs to stop you
An officer may briefly stop you on reasonable suspicion of criminal activity. A frisk is a separate step with its own requirement: the officer may pat down your outer clothing only with a reasonable belief that you are armed and dangerous. That is Terry v. Ohio, 392 U.S. 1 (1968), and it is still the rule.
A car stop has a time limit built in. In Rodriguez v. United States, 575 U.S. 348 (2015), the Supreme Court held that a traffic stop may not be prolonged beyond the time needed for its mission without independent reasonable suspicion. In that case the extra time was spent waiting for a dog sniff. The ticket is the mission. Everything after the ticket needs its own reason.
You will not know, standing on the sidewalk, whether the officer had reasonable suspicion. You are not supposed to. One question sorts it out: "Officer, am I free to leave?" If the answer is yes, leave, calmly. If the answer is no, you are being detained, and the clock on the officer's justification has started.
The card, the search, and your phone
New York City adds two rules of its own, both in effect since October 19, 2018. They are called the Right to Know Act.
- The business card. Under Local Law 54 of 2018, the officer must identify himself or herself by name, rank, command and shield number, and give you a business card. The card carries information on how to file a complaint and where to request body-camera footage. If you did not get one, ask: "May I have your card?"
- The consent search. Under Local Law 56 of 2018, an officer who asks for your consent to a search must tell you that you may refuse, and must document the consent. "Mind if I take a look?" is a request for consent. You can answer: "I do not consent to a search."
- Your phone. A warrant is generally required to search a cell phone seized incident to an arrest (Riley v. California, 573 U.S. 373 (2014)). Being asked to unlock it is being asked for consent. You can decline in the same sentence.
Say it once, clearly, and stop. Do not pull the bag away. Do not reach for the glove box to stop a hand. If the officer searches anyway, your refusal is now part of the record, and the body camera heard it.
You do not have to prove the stop was wrong while it is happening. You only have to make sure the record shows what you said and what they did.
Recording the stop
New York gives you this right by statute. Under Civil Rights Law § 79-p, in effect since July 14, 2020, a person who is not under arrest has the right to record law enforcement activity and to keep the recording. Officers may not prevent the recording, threaten you for it, order you to stop, or arrest you for it. The statute carries its own civil action, with damages, punitive damages and attorney's fees, and a three-year limit.
Newly decided, and still being verified
On August 17, 2026, the Second Circuit was reported to have held, in Massimino v. Benoit, No. 25-1104, that the First Amendment protects recording law enforcement activity in public from a lawful vantage point. The officers in that case still received qualified immunity, because the right was not clearly established in 2018, when the events happened. We have this decision from a secondary source and are confirming the docket on the court's own site, so treat this paragraph as provisional. The right to record page will carry the verified version.
Practical points: a dashboard mount is better than a hand. Tell the officer you are recording rather than surprising anyone. Stay where you lawfully are. If a passenger or a bystander is filming, get a name and a number before everyone scatters.
What to write down that night
Memory fades in days. Footage can be overwritten. The notes you make tonight are for you and your lawyer only.
- The date, the time the stop began and ended, and the exact place.
- Names, shield numbers and commands from the card. No card? Write that down too.
- The patrol car number and the plate, if you saw them.
- The reason the officer gave for the stop, in the officer's words.
- What you were asked, what you answered, and whether you said you did not consent.
- Whether you were frisked, searched, handcuffed, or had your phone taken.
- Witnesses, and any camera that faces the spot: a bodega, a bus, a doorbell.
- Photographs of any marks, the same day and again two days later.
Then ask for the footage. The NYPD directs civilians to request body-worn camera video under the Freedom of Information Law, and the card tells you where. Our post on getting body camera footage walks through it, and the what to do after page covers the first week.
One caution. If you were arrested or given a summons, a person with a pending charge should talk to their defense lawyer before describing the arrest to anyone, in writing or out loud. That includes a complaint form and a social media post. The criminal case and civil case page explains why.
Stopped and frisked
What an officer needs for the stop, and what more the officer needs for the frisk.
Stop and frisk →Car and phone searches
When a car can be searched after an arrest, and why a phone almost always needs a warrant.
Car and phone searches →Count the days
The notice and filing clocks for a stop or search, by agency, in your browser.
Deadline tool →Common questions
Do I have to agree if an officer asks to search my bag or my car?
No. Under New York City's Right to Know Act (Local Law 56 of 2018), an NYPD officer who asks for consent to search must tell you that you may refuse, and must document the consent. If you do not want the search, say so out loud, once, calmly: I do not consent to a search. Do not physically block the officer. Whether the search was lawful gets decided later, on the record.
Can the officer go through my phone?
Generally not without a warrant. In Riley v. California (2014) the Supreme Court held that a warrant is generally required to search a cell phone seized incident to an arrest. Being asked to unlock it is a request for your consent, and you can decline. Say that you do not consent, and leave it there.
Can I record the stop?
In New York, a person who is not under arrest has a statutory right to record law enforcement activity and to keep the recording (Civil Rights Law 79-p). On August 17, 2026, the Second Circuit was reported to have held that the First Amendment protects the same thing; we are still verifying that decision on the court's own site. Record from where you lawfully are, and do not interfere.
Tell us what happened.
One conversation with an attorney, in your language. We tell you which claims the facts support, which deadline runs first for the agency involved, what evidence to preserve this week, and whether a pending criminal case changes the timing. If it is not a case we can take, we say so and tell you where to go.
(718) 484-7510If a criminal charge is still open, talk to your defense lawyer before you describe the arrest to anyone, including us. English, Russian and Spanish in-house; an interpreter for any other language. Contingency fee, confirmed in writing before we begin.