Printable PDF informational form:
http://www.legal-aid.org/media/13527..._encounter.pdf
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KNOW YOUR RIGHTS WHAT YOU SHOULD DO IF YOU HAVE AN ENOUNTER WITH THE POLICE
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1. What should I do if I am stopped by the police?
Being respectful, calm and avoiding arguing are the most important things to
remember when stopped by an officer. Keep your hands where they can be seen by the police offi cers and do not run. Also, it’s good to try and memorize the police officers’ names. If you’re stopped in your car, place your hands on the steering wheel as the police approach. Show the officer your driver’s license, registration and proof of insurance upon request. In certain cases, your car can be searched without a warrant, so to protect yourself later, you should state that you do not consent to a search. It’s unlawful for an officer to arrest you for refusing to consent to a search. If you’re asked to sign a ticket, sign it. You can always fi ght it later. And if you are suspected of drunk driving, you will be asked to take a breath-alcohol and coordination test. If you fail or refuse to take the test, you will be arrested. Also your license may be suspended, and your car may be impounded.
2. What should I do if I am questioned by the police?
You should always give your correct name and general identifi cation information. Remember to carry some form of ID with you at all times. Make sure that you know the phone numbers where your parents, guardian or relatives can be reached. If you are in your home and the police ask to enter, you don’t have to let them in unless they have a warrant signed by a judge. Only in an emergency situation, will an offi cer be allowed to enter without a warrant. If you are arrested in your home or offi ce, the police can search you and the area immediately surrounding you or where evidence of criminal activity is found.
3. What should I do if I am arrested by the police?
Again being respectful, calm and avoiding an argument are all important. Also, do not resist the arrest. Look around to see if there are any witnesses and ask for a lawyer. Do not make any statements.
Remember that you have the right to remain silent and to consult with a
lawyer. Give the police your name and address, but do not give any explanations excuses or stories about the matter for which you are being arrested. You can make your defense later in court, after consulting with your lawyer. If you have a lawyer, ask to see him or her immediately. If you can’t afford a lawyer, you have a right to have one appointed when your case goes to court. You can ask the police to contact a lawyer, but remember not to say anything without a lawyer.
Within a reasonable time after your arrest or booking, you should ask
the police to contact a family member or friend. If you are permitted to make
a phone call, anything you say at the precinct may be recorded or listened to.
So be careful, never talk about the facts of your case over the phone.
Remember not to make any statements or decisions without talking to a
lawyer fi rst.
4. What if I have been mistreated by the police?
It is important to remember that if you are a defendant in a criminal case, you
must discuss with criminal attorney any action you might consider taking in connection with your mistreatment by the police.
It’s important to remember that if you are a criminal defendant, or if you,
a friend or a relative has been seriously injured by the police, you should consult an attorney before making a complaint to any government agency. Your statement to the government agency may be used against you in your criminal case, or may hurt your chances of winning a civil case.
We strongly advise against initiating a civilian complaint on your own while a
criminal or civil action is pending. The offi cer you are complaining about will be shown your C.C.R.B. complaint against him before your case is presented in court.
Both the C.C.R.B. and the I.A.D. will accept a complaint that is filed by your lawyer, and postpone taking your statement until your case is over.
- ss4699
- 11-26-2012, 10:00 PM
If you should encounter the police...
- ss4699
- 11-26-2012, 10:01 PM
Re: If you should encounter the police...
bustcard_eng_20100630.pdfhttp://www.aclu.org
http://www.aclu.org/drug-law-reform-...what-do-if-you
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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
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 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.
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
-Printable downloadable BUST CARD - attached or go to the direct download
http://www.aclu.org/files/assets/bus...g_20100630.pdf