Know Your Rights: Do You Have to Talk to Cops?
Summary
In this "Know Your Rights" bonus episode, host Leah Litman and NYU law professor Daniel Harawa discuss the right to remain silent and avoid police questioning. They clarify the legal distinction between consensual encounters and Fourth Amendment seizures, emphasizing that while citizens can often walk away, safety concerns—particularly for people of color—complicate exercising these rights. The episode offers practical advice on de-escalation, recording interactions, and filing complaints.
Topics discussed
Intro, sponsors, and show overview
Zakova ad and historical quote
Introduction of guest Daniel Harawa
Consensual encounters vs. Fourth Amendment seizures
The 'reasonable person' standard and race
Legal hurdles and the definition of flight
Asking 'Am I free to leave?' and officer responses
Rights during a seizure: silence and frisks
Stop and identify laws and following suspects
Chilling effects on rights and Alloy Health ad
Traffic stops and Fourth Amendment for non-citizens
Recording encounters and filing complaints
Complaint records and safety during encounters
Future of police tactics and state court rights
Conclusion and credits
Long Play series promotion
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