Stops

Stops

A police car

In Alaska, police can come up to you and talk to you whenever they want to.  You can always refuse to talk to them, or walk away.  But to “detain you,” which means to prevent you from leaving when you want to leave, police must have a “reasonable, articulable suspicion” that a crime has occurred or that you might be involved in recent serious harm to persons or property.  “Reasonable, articulable suspicion” means an officer must have a good reason that he or she can clearly explain to justify the stop.  This means that police can’t just stop you on the side of the street at any time and make you talk to them.

You must give the police your name and identifying information if they ask.  You don’t have to answer other questions. That means you don’t have to answer if the police ask questions like “Where are you kids coming from tonight?” or “Do you know anyone around here?”  You don’t have to volunteer any information.  You can ask “Am I free to go?”  If they say you are free to go, then you can leave.

Most likely, yes.  Alaska police officers almost always carry voice recorders in the chest pockets of their uniforms, so your conversation with them is most likely being recorded.  They do this to make a record of what you say and what they say, so there is evidence if someone says this questioning happened differently.  That means that anything you say to the police (even before they read you your rights) will be recorded, and if you end up going to court, the prosecutors can play it, and ask the jury to consider it to find you guilty of a crime.  Because anything you say to a police officer may be eventually played for your lawyer, your parents, a judge, or a jury, you should keep it respectful.