KNOW YOUR RIGHTS WHEN ENCOUNTERING LAW ENFORCEMENT Law enforcement knows that your constitutional rights only

matter if you understand and assert them. Unless law enforcement has probable cause, they need your permission to search your belongings or enter your home. The moment you grant law enforcement permission to invade your privacy, you lose your legal protections and anything discovered can be used against you. Even if you know your basic rights, law enforcement officers are trained to convince you that it is in your best interest to cooperate. If you refuse to cooperate with law enforcement, you might be threatened with a warrant or drug-sniffing dogs and warned that things will be much easier if you cooperate. Creating a sense of hopelessness enables law enforcement to break down defenses and force compliance. Of course there are variations of law enforcement tactics, but the main thing to remember is protect your rights and remain silent, regardless of what a law enforcement officer may say. Things to remember: 1. Always Remain Calm. Nothing good will result from having a bad attitude in a law enforcement encounter. 2. Remain Silent. Refusing to talk to allow law enforcement cannot be used against you. 3. You can deny requests to search. Refusing to allow law enforcement to cannot be used against you. 4. Dont fall for police deception. Remember, law enforcement can legally lie to you. 5. If you are confronted by law enforcement, determine if you are free to go. If you are not being detained, that means police have no basis to hold you and are searching for evidence against you. 6. Dont bring attention to yourself. Dont give law enforcement a reason to detain you. 7. Dont run from law enforcement. Not only will you be caught, you will provide police with a legal basis to search and arrest you. 8. Dont let law enforcement enter your home. Unless there are exigent circumstances, police need a warrant to enter your home. Q: Do I have to answer questions asked by law enforcement officers? A: No. You have the constitutional right to remain silent. You cannot be punished for refusing to answer questions. You may have to identify yourself in certain circumstances such as traffic stops. Non-citizens, including legal residents have the same rights, except in certain circumstances at the border when entering the U.S. Q: Can I talk to a lawyer before answering questions? A: Yes, you have the constitutional right to talk to a lawyer before answering any questions. Once asserted, law enforcement should stop asking you questions. If they do not, remain silent and ask for your lawyer. Q: What law enforcement officers might try to question me? A: Law enforcement officers, including state, local and federal officials. You have the same basic constitutional rights regardless of the law enforcement officer, except at the border. Q: What if I speak to law enforcement officers anyway? A: Anything you say to law enforcement can be used against you and others. Lying to a government official is a crime, but remaining silent is not. If you begin to answer questions, you can stop at any time. Q: What if law enforcement threatens me with a subpoena or to arrest me if I dont answer their questions?

A: Regardless of the threat made, you still do not have to answer any questions. Officers can even lie in many circumstances. If you are encountered by law enforcement in this manner, call your lawyer immediately. Q: What if I am stopped by law enforcement officers? A: You do not have to answer any questions. Do not run from the officer. The police can pat you down only if they have reasonable suspicion to do so. If you are detained or arrested, you do not need to answer any questions. Q: What if I am stopped by law enforcement officers while in an automobile? A: You must show your drivers license, registration and proof of insurance if requested. Police cannot search your car unless you consent, or unless they have probable cause to believe that there is criminal activity, involvement in a crime, or evidence of a crime in your car. An officer cannot use your refusal to consent as a basis for performing a search. Q: What should I do if I am arrested? A: Ask for a lawyer and do not answer any questions. The officer must advise you of your constitutional right to remain silent, have an attorney present, and appoint an attorney if you cannot afford one. Q: What happens after I am arrested? A: Remain silent and ask to see a lawyer immediately. You have the right to a phone call. You must be taken before a judgegenerally within 48 hours of your arrest. Q: What if I am mistreated by officers? A: Write down the officers badge number, name or other identifying information and file a complaint. Q: Can law enforcement officers search my home or office? A: Only if they have a warrant, your consent or the consent of an occupant with the authority to consent. At your office, officers can search only with a warrant or the consent of the employer, with or without your consent. Q: What is a warrant and what is it required to contain? A: A warrant is a document signed by a judge giving law enforcement officers permission to search or make an arrest. A warrant must contain the judges name, your name and address, the date, place to be searched, a description of any items being searched for, and the name of the agency that is conducting the search or arrest. Not all warrants, such as a warrant of deportation, have the authority to enter or make an arrest. Q: What should I do if officers come to my house? A: If they do not have a warrant, you do not have to let them into your home or answer any questions. They cannot obtain a warrant based on your refusal to consent. If the officers have a warrant, make sure it contains all required information. An immigration warrant of deportation does not authorize officers to enter your home. Q: Do I have to answer questions if law enforcement officers have a search or arrest warrant? A: No. Neither a search nor arrest warrant means you have to answer questions. Q: What if officers insist on searching my home without a warrant? A: You should not interfere with the search because you can be arrested. You should make clear that you do not consent. Secure witnesses if possible and call your lawyer. Get the names and badge numbers of the officers.