ACLU: WHAT TO DO IF YOU'RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI

[Are_grits_groceries]

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.
Note: Some state laws may vary. Separate rules apply at checkpoints and when entering the U.S. (including at airports).

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.

Answers to questions: 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&quot Custody
If You Feel Your Rights Have Been Violated

Site: http://www.aclu.org/issues/criminal/bustcardtext.html

Download of card with the info listed: http://www.aclu.org/files/assets/bustcard_eng_20100630.pdf

I'm sure some of this has been changed by law.
Be aware that those who stop you may view these as guidelines and not rights.

DO NOT TALK TO THE POLICE OR OTHERS WITHOUT A LAWYER!




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[Syrinx]

1. I'm the first K

[Are_grits_groceries]

2. ???? nt

[Syrinx]

4. kick?

[Are_grits_groceries]

5. Thx. I'm a moran this am. nt

[dipsydoodle]

3. And if you're UK

just tell the FBI they're out of their jurisdiction and to fuck off.

[dotymed]

6. While I agree with these, these ARE our rights.

Most cops would consider you a "troublemaker", arrest you, have your car towed and searched. It is a Police State in reality.

[Nikia]

8. My husband was recently stopped late in the evening in a nearby city

He had a tail light out. The officer proceeded to request that he search him. My husband initially refused. The officer told him, in an aggressive voice, that if he did not let him search him there that he would be searched at the police station in cuffs. As a result, he consented to the search although felt the officer overstepped his bounds.
What should one do in a situation like that?

[ManiacJoe]

11. Depends on your immediate schedule.

For me, I would take the ride to to the police station, and plan out how I am going to spend my share of the money the city pays me and my lawyer to make up for the poor judgment of idiot cop. But then my calendar is pretty light.

[kath]

12. I think your husband should contact the ACLU (and/or a lawyer) ASAP.

[coalition_unwilling]

13. I'm not an attorney and case law around this issue is constantly evolving. But

I would say that, unless the cop had probable cause for a search, the mere act of stopping your husband for a mechanical violation (a broken tail-light) would not be sufficient to establish probable cause for any search.

It would be interesting to get some of DU's legal eagles to consider this question.

[Ikonoklast]

15. Refuse the search, take the ride, sue for arrest without probable cause.

The cop will just lie and say he "smelled a strong odor of burning marijuana emanating from the vehicle" to the court, anyway.

That's the Free Pass Phrase they use in my town to search every vehicle.

Funny, they hardly ever seem to find the marijuana they smelled soooooo strongly...our cops must have noses like bloodhounds, I guess, and can smell stuff from miles away.

[RZM]

14. I actually don't think we live in anything near a police state

But . . . I have had a bad experience with the police. I was nothing but smiles and politeness but the 'bad cop' in the scenario (there were two) chose to go full-on bad. At one point he instructed me to back up my vehicle about 50 feet (we were on the side of the highway). I remember what he said quite clearly. He said: 'Back up your vehicle. If you try anything I'm going to shoot you in the head.'

Yes. he did indeed say 'in the head.' I thought it was a bit much. Nevertheless, that's the only bad experience I've had. Every other time I've been treated with respect by the police. In fact, on more than one occasion I got off way easier than I should have

[dotymed]

16. it often depends who you are and what you look like. n]t

[RZM]

17. Well

I look like a harmless white guy and a cop said he was going to shoot me in the head.

What that means, I don't really know

[annabanana]

7. useful info - damn shame that it's a surprise to many

that these are actual, you know, RIGHTS.

[UTUSN]

9. R#24 & K n/t

[Zorra]

10. knr