What to do if stopped by the police,immigration agents of the FBI
What do if stopped by the Police,
Immigration Agents, or the FBI
This article is adapted by one produced on the ACLU website. They
gave me permission to reproduce it. Of course I made some changes
We rely on the police to keep us
safe and treat us all fairly, regardless of race, ethnicity, national origin or
religion. This card provides tips for interacting with police and understanding
your rights. Note: some state laws may vary. Separate rules apply at
checkpoints and when entering the U.S. (including airports).
If you are questioned, this is
information that you should know.
YOUR RIGHTS
- You have the right to remain silent. If you wish to exercise that right, say
so out loud.
- You have the right to refuse to consent to a search of yourself, your car or
your home.
- If you are not under arrest, you have the right to calmly leave.
- You have the right to a lawyer if you are arrested. Ask for one immediately.
- Regardless of your immigration or citizenship status, you have constitutional
rights
YOUR
RESPONSIBILITIES
- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter.
- Do file a written complaint or call your local ACLU if you feel your rights
have been violated.
IF
YOU ARE STOPPED FOR QUESTIONING
Stay calm. Don't run. Don't argue,
resist or obstruct the police, even if you are innocent or police are violating
your rights. Keep your hands where police can see them.
Ask if you are free to leave. If the
officer says yes, calmly and silently walk away. If you are under arrest, you
have a right to know why.
You have the right to remain silent
and cannot be punished for refusing to answer questions. If you wish to remain
silent, tell the officer out loud. In some states, you must give your name if
asked to identify yourself.
You do not have to consent to a search
of yourself or your belongings, but police may "pat down" your
clothing if they suspect a weapon. You should not physically resist, but you
have the right to refuse consent for any further search. If you do consent, it can affect you later in
court.
IF YOU ARE STOPPED IN YOUR CAR
Stop the car in a safe place as quickly
as possible. Turn off the car, turn on the internal light, open the window
part way and place your hands on the wheel.
Upon request, show police your driver's
license, registration and proof of insurance.
If an officer or immigration agent asks
to look inside your car, you can refuse to consent to the search. But if
police believe your car contains evidence of a crime, your car can be searched
without your consent.
Both drivers and passengers have the
right to remain silent. If you are a passenger, you can ask if you are free
to leave. If the officer says yes, sit silently or calmly leave. Even if the
officer says no, you have the right to remain silent.
Do NOT
agree to any roadside tests or chemical tests.
IF YOU ARE QUESTIONED ABOUT YOUR IMMIGRATION STATUS
You have the right to remain silent and
do not have to discuss your immigration or citizenship status with police,
immigration agents or any other officials. You do not have to answer questions
about where you were born, whether you are a U.S. citizen, or how you entered
the country. (Separate rules apply at international borders and airports, and
for individuals on certain nonimmigrant visas, including tourists and business
travelers.)
If you are not a U.S. citizen and an
immigration agent requests your immigration papers, you must show them if you
have them with you. If you are over 18, carry your immigration documents
with you at all times. If you do not have immigration papers, say you want to
remain silent.
Do not lie about your citizenship status
or provide fake documents.
IF THE POLICE OR IMMIGRATION AGENTS COME TO YOUR HOME
If the police or immigration agents come to your home, you do not have to let them in unless they have certain kinds of
warrants.
Ask the officer to slip the warrant under
the door or hold it up to the window so you can inspect it. A search
warrant allows police to enter the address listed on the warrant, but officers
can only search the areas and for the items listed. An arrest warrant allows
police to enter the home of the person listed on the warrant if they believe
the person is inside. A warrant of removal/deportation (ICE warrant) does not
allow officers to enter a home without consent.
Even if officers have a warrant, you
have the right to remain silent. If you choose to speak to the officers, step outside and close the door.
IF YOU ARE CONTACTED BY THE FBI
If an FBI agent comes to your home or workplace, you do not have to answer any questions. Tell the agent you want to
speak to a lawyer first.
If you are asked to meet with FBI agents for an interview, you have the right to say you do not want to be interviewed. If you
agree to an interview, have a lawyer
present. You do not have to answer any questions you feel uncomfortable
answering, and can say that you will only answer questions on a specific topic.
IF YOU ARE ARRESTED
Do not resist arrest, even if you
believe the arrest is unfair.
Say you wish to remain silent and ask
for a lawyer immediately. Don't give any explanations or excuses. If you
can't pay for a lawyer, you have the right to a free one. Don't say anything,
sign anything or make any decisions without a lawyer.
You have the right to make a local phone
call. The police cannot listen if you call a lawyer.
Prepare yourself and your family in case
you are arrested. Memorize the phone numbers of your family and your
lawyer. Make emergency plans if you have children or take medication.
Special considerations for non-citizens:
- Ask your lawyer about the effect of a criminal conviction or plea on your
immigration status.
- Don't discuss your immigration status with anyone but your lawyer.
- While you are in jail, an immigration agent may visit you. Do not answer
questions or sign anything before talking to a lawyer.
- Read all papers fully. If you do not understand or cannot read the papers,
tell the officer you need an interpreter.
IF YOU ARE TAKEN INTO IMMIGRATION (OR "ICE") CUSTODY
You have the right to a lawyer, but the
government does not have to provide one for you. If you do not have a
lawyer, ask for a list of free or low-cost legal services. You have the right
to contact your consulate or have an
officer inform the consulate of your arrest.
Tell the ICE agent you wish to remain
silent. Do not discuss your immigration status with anyone but your lawyer.
Do not sign anything, such as a
voluntary departure or stipulated removal, without talking to a lawyer. If you
sign, you may be giving up your opportunity to try to stay in the U.S.
Remember your immigration number
("A" number) and give it to your family. It will help family
members locate you.
Keep a copy of your immigration
documents with someone you trust.
IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED
Remember: police misconduct cannot be
challenged on the street. Don't physically resist officers or threaten to
file a complaint.
Write down everything you remember,
including officers' badge and patrol car numbers, which agency the officers
were from, and any other details. Get contact information for witnesses. If you
are injured, take photographs of your injuries (but seek medical attention
first).
File a written complaint with the
agency's internal affairs division or civilian complaint board. In most cases,
you can file a complaint anonymously if you wish.
Be careful and don't let the police bully you!