While there isn’t a law specifically addressing “flipping off” a police officer in Illinois, here’s what to know about your rights during interactions with law enforcement.
General Conduct During a Police Stop
- Remain Calm: It is advisable to remain calm and avoid arguing with the police. Follow the officer’s instructions and keep your hands visible.
- Right to Remain Silent: You have the right to remain silent and can refuse to answer questions beyond providing your driver’s license, vehicle registration, and proof of insurance. Politely state that you do not wish to answer any questions.
- Refusal to Consent to Search: Without a warrant or probable cause, police in Illinois do not have the right to search your vehicle unless you give consent. You can politely decline a search.
Actions That Could Lead to Legal Consequences
- Resisting or Obstructing an Officer: Refusing to comply with lawful orders or obstructing an officer’s ability to perform their duties can lead to arrest.
- Fleeing or Eluding: Fleeing or eluding the police is a criminal offense, usually a Class A misdemeanor, punishable by a fine and a jail sentence.
- False Information: Knowingly submitting false information to a police officer is a criminal offense.
Police Conduct and Accountability
- Rules of Conduct: Illinois State Police officers must be courteous to the public and are expected to be tactful and professional. They should control their tempers, exercise patience and discretion, and avoid argumentative discussions.
- Misconduct Reporting: The Illinois State Police has a Division of Internal Investigation to address complaints.
The SAFE-T Act
- The SAFE-T Act includes provisions related to police conduct, including use of force standards and the use of body cameras. By 2025, all police departments in Illinois will need to equip officers with body cameras.
Sources:
- https://pulitzercenter.org/stories/records-show-illinois-fails-hold-police-accountable-misconduct
- https://ankinlaw.com/what-cops-can-and-cant-do-in-illinois/
- http://hirschlawgroup.com/understanding-your-rights-during-a-police-stop-in-illinois/
- https://isp.illinois.gov/InternalInvestigations/ComplaintProcedures