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At the precinct, we have the right to ask to besearched by officers of the gender we request.If they say no, police are supposed to writedown why in their command log. Remindthem to do this—it can help you if you filea complaint or lawsuit later.There should never be more officers presentthan needed to perform the search.If you’re being spoken to or touchedinappropriately,YOU CAN SAY05
We can exercise our rights by speaking upwhen police frisk or search us.If police frisk you or tell you to emptyyour pockets or purse,YOU CAN SAYYou should never physically resist a friskor search—you could get hurt orcharged with resisting arrest.06WHAT’S THE RISK?Saying this might stopan illegal search, or itmight not. Saying itout loud could helpyour case later.
New NYPD rules say it's our right to beheld in cells according to our genderidentities, unless it's not safe.If you’re worried about your safety, you can ask to betreated as a “special category prisoner.” This meanspolice have to take special steps to keep you safe, likeholding you in a cell by yourself.YOU CAN SAYWHAT’S THE RISK?Police aren’t supposed to handcuffspecial category prisoners to rails, bars,or chairs for “unreasonable periods oftime.” (But “unreasonable period”isn’t defined.)Some people feel saferasking to be treated asa special categoryprisoner. Others feelless safe being leftalone. Do what feelssafest to you!08
IF YOU’RE UNDER 16Police have to make a “reasonableeffort” to reach your parent or guardianbefore asking questions.Remember your right to remain silentand to a lawyer.YOU CAN SAYIF YOU’RE A NON-CITIZENYou don’t have to answer questionsabout your immigration status or whereyou or anyone in your family was born.Remember your right to remain silentand to a lawyer. YOU CAN SAY09
WRITE DOWN YOUR STORYTry to notice everything you can and write down whathappened right away. If you get stopped a lot, this might feelpointless, but it's the best way to make your case. Look out for:YOUR LOCATIONOFFICER’S NAME, GENDER, RACE, HEIGHT, CAR NUMBERPARTNER'S INFORMATIONBADGE NUMBER (YOU HAVE THE RIGHT TO ASK FOR IT!)PHOTOS, EVIDENCE, OR ANY OTHER RECORDS FROM THE INTERACTIONIf you are physically hurt, contact a lawyer immediately.SHARE YOUR STORY WITH STREETWISE AND SAFEIf your rights have been violated, help keep police accountableby sharing your story with us at info@streetwiseandsafe.org.For info on know-your-rights trainings, emailworkshops@streetwiseandsafe.org.LEARN MORE ABOUT RECORDING ANDREPORTING POLICE ABUSERecording police interactions is your right. To learn how, visitcopwatchnyc.org.YOU HAVE THE RIGHT TO FILE A COMPLAINT WITH THE CIVILIANCOMPLAINT REVIEW BOARD, AN INDEPENDENT CITY AGENCY THATINVESTIGATES POLICE ABUSE. CALL 1-800-341-2272.10
IF YOU NEED LEGAL HELPCall the Sylvia Rivera Law Project's (SLRP) legal help line at(212) 337-8550 (extension 308) or email info@srlp.org. Otherpeople may hear or read your message before it gets to a lawyer,so leave the details of your case out until a lawyer responds.THIS GUIDE IS FOR INFORMATIONAL USE ONLY AND IS NOT A SOURCE OFLEGAL ADVICE. IF YOU NEED LEGAL ADVICE, TALK TO A QUALIFIED LAWYER.This project was produced throughPublic Access Design, a program ofthe Center for Urban Pedagogy(CUP). Public Access Designprojects use design to make complexurban issues accessible to the NewYorkers most affected by them.publicaccessdesign.orgThe Center for Urban Pedagogy isa nonprofit that uses the powerof design and art to increasemeaningful civic engagement.welcometoCUP.orgJames Dunphy is a Queens-borngraphic designer/problem solverlooking to contribute to innovativeprojects with a social impact.jamesjohnmichaeldunphyjr.com© Center for Urban Pedagogy, 2015Streetwise and Safe is a multi-strategyinitiative working to build and shareleadership, skills, knowledge andcommunity among LGBTQQ youth ofcolor who experience criminalization.streetwiseandsafe.orgCUP: Ingrid Haftel, Christine GasparStreetwise and Safe: Mitchyll MoraDesign: James DunphyBig thanks to SAS youth leaders Amos,Bilal, Danielle, Janell, Jordyn, Lotus,Peter, Tee, Trina, and Willie; BrendanConner; Andrea Ritchie; Sandy Xu;Oscar Nuñez; andJenn Anne Williams.Support for this project was providedby the James Conlon Fund, and publicfunds from the New York CityDepartment of Cultural Affairs inpartnership with the City Council.11
Making disrespectful remarks about a person’s genderidentity, gender expression, or sexual orientation isprohibited. NYPD Patrol Guide #203-10Police must refer to transgender and gendernon-conforming New Yorkers by names and pronounsthat reflect their gender identity. Police must recordthese names on police forms.NYPD Patrol Guide #203-10; 208-02; 208-03Police are NEVER allowed to search people to assigngender. Neither are school safety officers.NYPD Patrol Guide #208-05; 215-18During a search, there should never be more officerspresent than needed to perform the search.NYPD Patrol Guide #208-05; 215-18People in NYPD custody will be held in sex-segregatedpolice facilities according to their gender identity.If there is concern for people’s safety, they will beconsidered “special category prisoners” and placedaccordingly. NYPD Patrol Guide # 210-01; 210-08; 210-17“Special category prisoners,” including transgenderpeople, will not be cuffed to rails, bars, or chairs forunreasonable periods of time. NYPD Patrol Guide #210-17