Know Your Rights: What To Do If You're Stopped By Police, Immigration Agents or FBI

Options
Plutarch
Plutarch Members Posts: 3,239 ✭✭✭✭✭
edited August 2011 in The Social Lounge
I've seen way too many people either act a fool or get taken advantage of when they've been stopped by the police (believe me, cops have and will use ? yet legal tricks on you). So I only feel obligated to remind us of our American rights. Remember, whether we are free citizens, illegals, or inmates, we have rights that must be respected by the police, the FBI, the president, or whoever. So here's some useful information:

Know Your Rights: What To Do If You're Stopped By Police, Immigration Agents or the FBI

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 at airports).


WHAT TO DO IF YOU'RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI (Download»)

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
...Stopped In Your Car
...Questioned About Your Immigration Status
...Approached By Police Or Immigration Agents at Home
...Contacted By The FBI
...Arrested
...Taken Into Immigration (Or "ICE") Custody
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.

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 statuswith 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 consulateor 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.
Call your local ACLU or visit www.aclu.org/profiling.

This information is not intended as legal advice.
Produced by the American Civil Liberties Union 6/2010


Link: http://www.aclu.org/drug-law-reform-immigrants-rights-racial-justice/know-your-rights-what-do-if-you
«1

Comments

  • edeeesq
    edeeesq Members Posts: 511
    edited July 2011
    Options
    Yes, white Americans have the ability to exercise their constitutional rights....

  • And Step
    And Step Members Posts: 3,726 ✭✭✭
    edited July 2011
    Options
    Yeah, communism works in theory...

    The only thing missing are the words "White people" in front of Know Your rights.
  • Plutarch
    Plutarch Members Posts: 3,239 ✭✭✭✭✭
    edited July 2011
    Options
    wow, I'm a pretty cynical guy myself but you guys are just pessimistic. good luck with that state of mind...
  • And Step
    And Step Members Posts: 3,726 ✭✭✭
    edited July 2011
    Options
    Plutarch wrote: »
    wow, I'm a pretty cynical guy myself but you guys are just pessimistic. good luck with that state of mind...

    I am not pessimistic.

    I am very optimistic that ? only counts on paper. I am under no illusions that this means anything in the real world, especially when you got the ? /cop dynamic thingy going. It is much safer and realistic that way. I mean you are safer if you just start busting back apparently. You can't lay down on the ground they will Rodney King you. You can't run with your back facing you, they will (insert name of random ? shot in the back) you. You can't face them and try to explain they will say you have a dark shiny object in your hand.

    Don't need luck just preparation and sense.

    ? Bless you, Plutarch.
  • aijalon
    aijalon Members Posts: 919
    edited July 2011
    Options
    edeeesq wrote: »
    Yes, white Americans have the ability to exercise their constitutional rights....


    For emphasis............................
  • edeeesq
    edeeesq Members Posts: 511
    edited July 2011
    Options
    Plutarch wrote: »
    wow, I'm a pretty cynical guy myself but you guys are just pessimistic. good luck with that state of mind...

    I'm a very optimistic person, but that has zero to do with the real world. In the REAL world, a white american has more leniency to flex their constitutional rights than a black or hispanic american. Anything deemed as "resistance" will eventually lead to something bad. Just factual....has nothing to do with emotions...
  • im_lux
    im_lux Members Posts: 2,419 ✭✭
    edited July 2011
    Options
    And Step wrote: »
    Yeah, communism works in theory...

    The only thing missing are the words "White people" in front of Know Your rights.

    I'm black. Deal with my lawyer on a day to day basis and I talk to him about rights. Just this last year I stopped consenting to searches and letting police enter my car or my house period. It works ever since I've started doing it I don't get searched at all and don't get detained unless I've been arrested. You just gotta be careful HOW you say some things. If you say it the wrong way you could end up having a few issues.

    But real ? I'm pulled over a lot. I've gotten arrested a lot. SO FAR since I started doing this I've had less problems with police than I've ever had other than being pulled over.

    But then again I don't ride around like I'm some dope dealin thug type ? neither. Don't put rims on my car don't keep a system in my ? no more got a nice lookin car ect ect...some of you fools be ridin around in old school crown vics wit exposed primer 28 inch rims beatin down the block wit a blunt in your mouth and sunglasses at 1am...what do ya'll think was gone happen?
  • waterproof
    waterproof Members Posts: 9,412 ✭✭✭✭✭
    edited July 2011
    Options
    this should be a sticky, so many people dont know their rights because 1) their lazy and dont care or 2) they was never taught and we know schools dont teach nothing
  • And Step
    And Step Members Posts: 3,726 ✭✭✭
    edited July 2011
    Options
    im_lux wrote: »
    But real ? I'm pulled over a lot. I've gotten arrested a lot. SO FAR since I started doing this I've had less problems with police than I've ever had other than being pulled over.

    Definitely not taking your advice.
  • Cabana_Da_Don
    Cabana_Da_Don Members Posts: 7,992 ✭✭✭✭✭
    edited July 2011
    Options
    And Step wrote: »
    Yeah, communism works in theory...

    The only thing missing are the words "White people" in front of Know Your rights.

    Why did I laugh at this.
  • im_lux
    im_lux Members Posts: 2,419 ✭✭
    edited July 2011
    Options
    And Step wrote: »
    Definitely not taking your advice.

    Don't but it works and it's within your rights. If you ? is too scared to try and exercise your rights then that's on you but I'm not finna freeze up just cause some white dude wit an attitude got a badge. Thats how they get away with it. They know ? like yourself are too frightened of the police to tell tell them you know what they're supposed to be doing and what they're not.

    Talk to a lawyer if you got to raise your confidence level...try it next time...say no to the police sometime.
  • And Step
    And Step Members Posts: 3,726 ✭✭✭
    edited July 2011
    Options
    im_lux wrote: »
    Don't but it works and it's within your rights. If you ? is too scared to try and exercise your rights then that's on you but I'm not finna freeze up just cause some white dude wit an attitude got a badge. Thats how they get away with it. They know ? like yourself are too frightened of the police to tell tell them you know what they're supposed to be doing and what they're not.

    Talk to a lawyer if you got to raise your confidence level...try it next time...say no to the police sometime.

    LOL. I was just clowning you man on your proclivity of getting arrested and pulled over yet want to give legal advice. I'm certainly not taking any advice from DMX. Save the money you give your lawyer because obviously the ? not working. LOL

    It's ? like you that keep the judges, lawyers, and cops in their club memberships together. They probably discussing you right now in the steam room. Sharing a stogey with they nuts swangin.
  • Hyde Parke
    Hyde Parke Members Posts: 2,573 ✭✭✭
    edited July 2011
    Options
    lmao@ andstep.

    this thread shoulda been posted in the Growing Pains section. if you're grown and dont know this basic ? , i dont know what to say.
    .
    and all that rights ? goes out the door if they have probable cause of anything, which will always be the case.
  • im_lux
    im_lux Members Posts: 2,419 ✭✭
    edited July 2011
    Options
    And Step wrote: »
    LOL. I was just clowning you man on your proclivity of getting arrested and pulled over yet want to give legal advice. I'm certainly not taking any advice from DMX. Save the money you give your lawyer because obviously the ? not working. LOL

    It's ? like you that keep the judges, lawyers, and cops in their club memberships together. They probably discussing you right now in the steam room. Sharing a stogey with they nuts swangin.

    Getting arrested and being convicted are two different situations. Getting pulled over and being arrested are two different situations. And every time I've been arrested I've gotten arrested on some ? I've done and got caught red handed. I'm not disputing that at all. But I've NEVER once been arrested as a result of a search or my rights violated at all. Never once have I had my car or my house searched after speaking with my lawyer about this. As a matter of fact speaking of lawyers my lawyer actually got me out of a 15 do 10 that was caught on camera, my lawyer is on point.

    Technically my lawyer is retained. However money doesn't leave my hands at all.

    And yes I get pulled over...I'm a younger black man in a nice car I typically have to be in very "pale" areas of town AND OR when I'm in the "darker" areas of town (mostly latenight early am) I always get pulled over close to the hotel areas.

    Oh and just so you know say what you want about a "DMX" type ? but it's some jailhouse lawyer types that know laws and rights front and back and apparently a bit better than yourself. Snap judgement ain't really working for you right now.
  • major pain
    major pain Members Posts: 10,293 ✭✭✭✭✭
    edited July 2011
    Options
    Hyde Parke wrote: »
    lmao@ andstep.

    this thread shoulda been posted in the Growing Pains section. if you're grown and dont know this basic ? , i dont know what to say.
    .
    and all that rights ? goes out the door if they have probable cause of anything, which will always be the case.

    Good thread, but I agree. People should take some time and get basic education on the law.
  • Plutarch
    Plutarch Members Posts: 3,239 ✭✭✭✭✭
    edited July 2011
    Options
    And Step wrote: »
    I am not pessimistic.

    I am very optimistic that ? only counts on paper. I am under no illusions that this means anything in the real world, especially when you got the ? /cop dynamic thingy going. It is much safer and realistic that way. I mean you are safer if you just start busting back apparently.

    But that’s simply not true. Maybe that’s true sometimes. But it’s certainly not true all of the time. I think that you’re exaggerating here. Not every cop is a criminal, and not every black individual will be treated like ? by the cops. Even if the cops do you wrong while you exercise your rights, you can still attain some kind of justice if you remained a law abiding citizen. Another important piece of what I posted was that you can receive help from not only your lawyer, but also from friends and family (especially if you don’t trust your lawyer). You can also keep a record of everything that went down with a given cop. You can also file a complaint. You can also contact the American Civil Liberties Union. You can also go public with it. Hell, you can do a Rodney King and videotape the whole episode. Someone pointed out another extremely helpful tip – you can also make sure that when you get stopped that you stop at a well lit area. Also, you can demand a cop to identify himself and inspect his badge. All this points to the fact that a citizen is not much different than a cop as far as status and power goes, and that said citizen has rights that can empower and protect him from ? law enforcement. But the problem is that a lot of people don’t know this.

    Knowing your rights is one of the most powerful bits of knowledge you can have and use in America. Especially as black man or woman, so I don’t see how you can even imply that it’s theoretical or ineffectual.

    I truly think that all of this falls in line with the fact that Tupac, a black man, shot and wounded two off duty cops and got off scot free and never served any time. Why? Because he exercised his rights (albeit regarding self-defense) as an American citizen. Now, shooting ? cops in self defense is a worst case scenario. But for less tense scenarios, using your right to remain silent, etc, are equally effective solutions.
    And Step wrote: »
    You can't lay down on the ground they will Rodney King you.

    That’s an overstatement, and that’s certainly not true all of the time. Especially if you follow the advice that I posted. Again, I think that you are exaggerating.
    And Step wrote: »
    You can't run with your back facing you, they will (insert name of random ? shot in the back) you.

    Generally, if you are a law abiding citizen, there is no need to run. If you are a criminal on the run, then if you want to risk running, that’s up to you. But the same rules apply, if there is sufficient evidence that a cop shot an unarmed suspect in the back without probable reason, then he can and will be fired from his job and may (and should) serve time. And yes, this has happened.
    And Step wrote: »
    You can't face them and try to explain they will say you have a dark shiny object in your hand.

    This seems like an overstatement but I’m not sure I understand you here. What would said person be trying to explain?
    And Step wrote: »
    Don't need luck just preparation and sense.

    I agree. But preparation and sense to me means knowing and exercising your rights though.
    And Step wrote: »
    ? Bless you, Plutarch.

    …?
  • Plutarch
    Plutarch Members Posts: 3,239 ✭✭✭✭✭
    edited July 2011
    Options
    edeeesq wrote: »
    I'm a very optimistic person, but that has zero to do with the real world. In the REAL world, a white american has more leniency to flex their constitutional rights than a black or hispanic american.

    Ok, I may even agree with the statement in the bold. But let's not exaggerate. That still doesn't negate the fact that Black Americans can and should flex their rights as well, and certainly many (but not enough) have done so with successful results. And let's not forget that non-cop white dudes can and have been ? on by cops in the same way non-cop black dudes have been ? on by cops. It's no surprise that cops don't like young folk.
    edeeesq wrote: »
    Anything deemed as "resistance" will eventually lead to something bad. Just factual....has nothing to do with emotions...

    That's not neccessarily true. Even when it is true, that doesn't mean that it will be bad for you in the end. If you exercise your rights to reasonably leave when a cop stops you, he can get mad and pout, and I guess that that can be considered "something bad", but that's a burden that I can certainly endure.
  • Plutarch
    Plutarch Members Posts: 3,239 ✭✭✭✭✭
    edited July 2011
    Options
    Tupac Exercises His Rights to Self Defense Against Two ? Cops
    How To Not Deal With A Cop (Say What You Will, But The Cop Was Not At Fault Here, The Brother Acted A Fool)
    A Correct Way To Deal With A Cop
    Comic Relief Provided By Chris Rock
  • Plutarch
    Plutarch Members Posts: 3,239 ✭✭✭✭✭
    edited July 2011
    Options
    im_lux wrote: »
    I'm black. Deal with my lawyer on a day to day basis and I talk to him about rights. Just this last year I stopped consenting to searches and letting police enter my car or my house period. It works ever since I've started doing it I don't get searched at all and don't get detained unless I've been arrested. You just gotta be careful HOW you say some things. If you say it the wrong way you could end up having a few issues.

    But real ? I'm pulled over a lot. I've gotten arrested a lot. SO FAR since I started doing this I've had less problems with police than I've ever had other than being pulled over.

    But then again I don't ride around like I'm some dope dealin thug type ? neither. Don't put rims on my car don't keep a system in my ? no more got a nice lookin car ect ect...some of you fools be ridin around in old school crown vics wit exposed primer 28 inch rims beatin down the block wit a blunt in your mouth and sunglasses at 1am...what do ya'll think was gone happen?
    waterproof wrote: »
    this should be a sticky, so many people dont know their rights because 1) their lazy and dont care or 2) they was never taught and we know schools dont teach nothing

    yeah, that's what I'm saying. good posts.
    Hyde Parke wrote: »
    lmao@ andstep.

    this thread shoulda been posted in the Growing Pains section. if you're grown and dont know this basic ? , i dont know what to say.

    Oh yeah? I guess I shouldve/couldve done that. I love GnS but sometimes they be bullshitting over there. It's like junior high over there sometimes heh.
    Hyde Parke wrote: »
    and all that rights ? goes out the door if they have probable cause of anything, which will always be the case.

    Sometimes, yes that is the case. But you can still fight it afterwards if it's debatable. And sometimes, it's very clear that there is no probable cause. And if there is, you can still exercise some other rights like a right to an attorney, to a phone call, to stay silent, etc.
  • Plutarch
    Plutarch Members Posts: 3,239 ✭✭✭✭✭
    edited July 2011
    Options
    Great thread, Plu


    I wrote a similar-themed piece, that AZ's largest hip-hop newspaper published...but my focus was more along lines of what inner-city, Black males and other minority citizens exuding hip-hop, should do...


    to avoid being victimized by Racism's rogue police, when they encounter them.


    I recall the most liked portion was regarding being motioned or flashed to pull your vehicle over by racism's cops
    when you know youve broken no laws!

    I had linked up some of the statutes for the largest cities, detailing how far you can legally drive before being considered fleeing, in order to ensure you stop at a well-lit area where witnesses can clearly see the interaction.

    thanks man. good post, especially the bolded.
  • DarcSkies
    DarcSkies Members Posts: 13,791 ✭✭✭✭✭
    edited July 2011
    Options
    all this ? sounds great on paper. But when they catch your ass alone its a different story.
  • Plutarch
    Plutarch Members Posts: 3,239 ✭✭✭✭✭
    edited July 2011
    Options
    Darxwell wrote: »
    all this ? sounds great on paper. But when they catch your ass alone its a different story.

    this kind of argument has already been challenged. but even if what you said was true, that doesn't change the fact that knowing your rights is an essential thing in America and can and has helped people in real life circumstances.
  • im_lux
    im_lux Members Posts: 2,419 ✭✭
    edited July 2011
    Options
    Darxwell wrote: »
    all this ? sounds great on paper. But when they catch your ass alone its a different story.

    So that's good enough for you? You're okay with being complacent with police doing whatever they want to you? Now days you're more likely to find a police officer with a dash cam and or a mic than not. You're never ALONE even when you're alone.

    But it's that "oh whatever, it'll happen" type ? that helps them get away with it. If you don't say anything or exercise your rights when they actually do decide to violate them you have no ground to stand on because you were complacent with your treatment at the time and allowed them to do whatever the ? they want.

    But if some sort of crazy ? does happen to you with your rights being violated and you end up getting convicted on a bogus search or a ? invasion of privacy you'll be the first in the courtroom screaming about the justice system that you decided to ignore.

    People scream injustice but don't care to pay attention to the law or their rights. There's way more things we are able to utilize that white people use efficiently, we just don't care to pay attention to them. Rights are just the biggest most common issue we refuse to try and understand.

    Just cause you're black doesn't mean you can't use their own heavily biased justice system against them.
  • Plutarch
    Plutarch Members Posts: 3,239 ✭✭✭✭✭
    edited July 2011
    Options
    im_lux wrote: »
    So that's good enough for you? You're okay with being complacent with police doing whatever they want to you? Now days you're more likely to find a police officer with a dash cam and or a mic than not. You're never ALONE even when you're alone.

    But it's that "oh whatever, it'll happen" type ? that helps them get away with it. If you don't say anything or exercise your rights when they actually do decide to violate them you have no ground to stand on because you were complacent with your treatment at the time and allowed them to do whatever the ? they want.

    But if some sort of crazy ? does happen to you with your rights being violated and you end up getting convicted on a bogus search or a ? invasion of privacy you'll be the first in the courtroom screaming about the justice system that you decided to ignore.

    People scream injustice but don't care to pay attention to the law or their rights. There's way more things we are able to utilize that white people use efficiently, we just don't care to pay attention to them. Rights are just the biggest most common issue we refuse to try and understand.

    Just cause you're black doesn't mean you can't use their own heavily biased justice system against them.

    church!

    ...
  • blakfyahking
    blakfyahking Members Posts: 15,785 ✭✭✭✭✭
    edited July 2011
    Options
    #1 should be: remember that the cop is a human being too, and he is worried about making sure he goes home at the end of the day


    the worst thing you can do is act unnecessarily hostile or strange, cause even the most biased officer won't hassle you if you are polite



    I noticed most bad encounters in the US are due to citizen upping the ante, when everybody gets their day in court( unless you do something stupid, and the cops put a bullet in ya back SMH)