Click on the headline to link
to an American Civil Liberties Union (ACLU)-Massachusetts website for additional
information and links to other chapters.
Markin comment:
I have crossed swords with
the ACLU over their defense of "free speech" for fascists and other
issues but this information is very useful as we take more arrests in our
current struggles. And as the class struggle heats up and more occasions for
arrest occur. We are not constrained by legalism, the ACLU's or anybody else's,
in our actions, obviously, but we had better, collectively, be prepared on all
fronts otherwise we will be picked off one by one.
*********
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. <br />
Note: Some state laws may
vary. Separate rules apply at checkpoints and when entering the U.S. (including
at airports).
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. <br />
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. <br >
In some states, you must give
your name if asked to identify yourself. <br />
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. <br />
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. <br />
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. <br />
(Separate rules apply at international
borders and airports, and for individuals on certain nonimmigrant visas,
including tourists and business travelers.) <br />
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. <br />
Do not lie about your
citizenship status or provide fake documents. <br />
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. <br />
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. <br />
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. <br />
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. <br 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. <br />
IF YOU ARE ARRESTED
Do not resist arrest, even if
you believe the arrest is unfair. </b>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. <br />
You have the right to make a
local phone call. The police cannot listen if you call a lawyer. <br />
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.
<br />
Special considerations for non-citizens:
</b><br />
- Ask your lawyer about the
effect of a criminal conviction or plea on your immigration status. <br
/>
- Don't discuss your
immigration status with anyone but your lawyer. <br />
- While you are in jail, an
immigration agent may visit you. Do not answer questions or sign anything
before talking to a lawyer. <br />
- Read all papers fully. If
you do not understand or cannot read the papers, tell the officer you need an
interpreter. <br />
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. <br />
You have the right to contact
your consulate or have an officer inform the consulate of your arrest. <br
/>
Tell the ICE agent you wish
to remain silent. Do not discuss your immigration status with anyone but your
lawyer. <br />
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.
<br />
Remember your immigration number
("A" number) and give it to your family. It will help family members
locate you. <br />
Keep a copy of your
immigration documents with someone you trust. <br />
</b><br />
<br /> IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED
<b>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). <br />
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. <br />
Call your local ACLU or visit
www.aclu.org/profiling. <br />
This information is not
intended as legal advice. <br />
This brochure is available in
English and Spanish / Esta tarjeta tambián se puede obtener en inglés y
español. <br />
Produced by the American Civil Liberties Union 6/2010
No comments:
Post a Comment