Between 2022 and 2023, Metropolitan Police Department officers stopped about one person every ten minutes in D.C. Seventy percent of those people were Black, even though Black people make up 44 percent of the D.C. population. White people made up under 13 percent of police stops, despite comprising nearly 40 percent of the District’s population. What’s more, only about 1 percent of stops between 2022 and 2023 resulted in the seizure of a gun.

A recent report conducted by the ACLU and ACLU-D.C. revealed these troubling numbers. Deep racial disparities and low gun-recovery rates have been a consistent pattern we at the ACLU-D.C. have seen in D.C. police data, including in numbers from 2019 and 2020.

These numbers become even more troubling when they are combined with the results of a 2023 cultural assessment of the D.C. Metropolitan Police Department. Among other concerning practices, the report found that focus group participants from majority-Black Wards 7 and 8 noted experiencing an aggressive and disrespectful style of over-policing that was not seen in other wards. As part of this assessment, District residents were asked to score their level of trust in the police, on a scale of 0 to 10. The highest average score of 7.3 was in a majority-white (82 percent) area of D.C., and the lowest average score of 4.8 was reported in a majority-Black (93 percent) area of D.C.

And we know that experiencing a police encounter can be traumatic and life changing. Research has shown that frequent interaction with police harms people’s economic and social wellbeing as well as their physical and mental health. In young people, the stress of police encounters can show up as an inability to self-regulate and as symptoms of post-traumatic stress, like rapid heart rates, sweaty palms, uncontrollable thoughts, and decrease in quality sleep. All these issues can impact young people’s engagement and performance in school and how they show up in other aspects of their lives.

We also know that people who experience frequent police encounters may end up distrusting the police. Groups of people and communities who are more frequently subjected to police encounters are less likely to report a crime even if they themselves are the victim. D.C. Council Chairman Phil Mendelson noted that people not coming forward was a major barrier to solving homicides in the District.

Despite all these problems, D.C. police continue to stop and frisk people in D.C., and Black people disproportionally bear the brunt of this troubling tactic. Given how often D.C. police rely on this practice, here are some answers to questions you may have about stop-and-frisk in D.C.

What is stop-and-frisk, and is it the same as a “Terry Stop”?

A “stop” is when police act in a way that would make a reasonable person feel not free to leave—for example, by ordering you to stop or physically halting you. A “frisk” is when police pat or sweep the outside of someone’s clothes to check if they have weapons.

In 1968, the Supreme Court ruled in Terry v. Ohio that police could “stop” a person based on “reasonable suspicion” that a person has been, is, or will be committing a crime. The court also ruled that police could “frisk” a person if the officers had a “reasonable suspicion” that the person had a weapon. This case is why stop-and-frisk practices are sometimes called “Terry Stops.”

Do D.C. police need a warrant to stop and frisk someone?

Police don’t need a warrant to stop and frisk someone they reasonably suspect of engaging in a crime. If the stop-and-frisk is based on reasonable suspicion, evidence from it can be used in court. If a person consents to being stopped and frisked, evidence from it can also be used in court even if the stop-and-frisk is not based on reasonable suspicion.

What is “reasonable suspicion”?

Reasonable suspicion is when an officer has a factual basis (or, a set of supportive facts) to think that a search might find evidence that someone has broken the law. An officer can form reasonable suspicion based on their own observations or reliable information from others, as long as the information is specific and believable. It must be more than just a hunch. Probable cause, which comes from the Fourth Amendment’s protection against unreasonable searches and seizures, is a higher standard, and means there’s enough evidence for a reasonable person to believe the person has committed a crime and can be arrested, or that a search is likely to produce evidence of a crime.

Can a D.C. police officer frisk or search me if I don’t consent (agree)?

Police can search you if you consent (give them permission), but you don’t have to consent. If police ask to search your body or belongings, and you don’t want them to, you should say, “I don’t consent to this search.” Police can still lawfully stop you if they have reasonable suspicion to believe you’re involved in a crime, and then “frisk” you without your consent if they have reasonable suspicion that you have a weapon.

Police can’t reach into your pockets and clothes or squeeze your body or pocket contents while frisking, unless they feel something like a weapon, or something else that is obviously illegal, based solely on their touch. Without your consent or “probable cause” to believe that you have committed a crime, police can’t go beyond a frisk to search your bags, pockets, or underclothes. You should repeat, “I don’t consent to this search,” but to stay safe and avoid escalating the situation, you should physically cooperate with the officers.

D.C. law is intended to ensure that any consent people give is real, so the law requires police officers to explain to people that they don’t have to consent to a search and to confirm that they have understood the explanation. Of course, refusing to consent can be difficult in a context like D.C., where police wield extraordinary power and where Black, brown, low-income, and other communities have grown to fear and distrust the police. Nevertheless, you have a right not to consent.

What are some things I can do if a D.C. police officer tries to stop or search me?

You do not have to speak with police or answer their questions. Remember that anything you say to an officer can be used against you. Police can ask questions, and they even can lie to extract information. You can say, “I don’t want to talk to you” or “I don’t want to answer that.”

You can ask if you’re free to leave, and unless the officer says you are not, you can walk away. If the officer says no, ask “why” but don’t leave.

Metropolitan Police Department officers cannot force you to show ID (except for a driver’s license if you’re stopped while driving). However, federal immigration officers can force you to show immigration documents and disclose your immigration status if you’re not a U.S. citizen.

If you’re arrested, you should not answer any questions except to give your name and address, and you should ask to speak with a lawyer.

If a police officer orders me to leave a “drug free zone,” do I have to leave?

Yes, uniformed police can order a group of two or more people to leave an area designated a “drug free zone” if an officer reasonably believes they are gathering to possess, distribute, or intend to distribute illegal drugs.

Even if the officer is wrong, the people must leave the zone, or they may be arrested. People ordered to leave cannot gather there again while the zone remains in effect or they can be arrested without a second warning if an officer reasonably believes they are again gathering to possess, distribute, or intend to distribute illegal drugs. Read more on your rights in “drug free zones” here.

ACLU-D.C. believes that the new drug-free zones are ineffective, racially discriminatory, and unconstitutional, but they are the law for now. 

What should I do if I think a D.C. police officer has violated my rights?

Our advice is to keep yourself as safe as possible during police interactions and then challenge police actions later. It can be dangerous for individual people to fight police misconduct in the street, especially for Black and brown people. You shouldn’t lie to an officer, physically resist, run away, or threaten to file a complaint.

If you think your rights have been violated, you can take action. Try to write down the officer’s name and badge number and details about what happened. You can complain to the D.C. Office of Police Complaints at (866) 588-0569 or by visiting: https://policecomplaints.dc.gov/service/file-a-complaint. You can also file a complaint with the ACLU-D.C. by emailing [email protected]. Please note that including your email address will help us process your request faster. 

Where can I learn more about my rights during stop-and-frisk encounters in D.C.?

Check out our resources to learn more about your rights in D.C.

Know Your Rights Guide: https://www.acludc.org/en/know-your-rights/stop-and-frisk

Printable Wallet Card: https://acludc.com/kyr-wallet-card

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