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KNOW YOUR
RIGHTS!
What rights do I have?
The Right to Advocate for Change.
The First Amendment to the U.S. Constitution protects the rights of groups
and individuals who advocate changes in laws, government practices, and
even the form of government.
The Right to Remain Silent.
The Fifth Amendment of the Constitution provides that every person has
the right to remain silent in the face of questions posed by any police
officer or government agent.
The Right to be Free from "Unreasonable Searches and Seizures."
The Fourth Amendment is supposed to protect your privacy. Without a warrant,
no government agent is allowed to search your home or office and you can
refuse to let them in. Know, however, that it is easy for the government
to monitor your telephone calls, conversations in your office, home, car,
or meeting place, as well as mail. E-mail is particularly insecure. The
government has already begun stepping up its monitoring of emails.
CONSTITUTIONAL RIGHTS
CANNOT BE SUSPENDED---
EVEN DURING A STATE OF
EMERGENCY OR WARTIME.
What should I do if agents come to question me?
1. YOU DO NOT HAVE TO TALK TO THE POLICE, FBI, INS, OR ANY OTHER
LAW ENFORCEMENT AGENT OR INVESTIGATOR.
Other than providing your name and address to a police officer who is
investigating a crime, you are not legally obligated to talk to anyone:
on the street, at your home or office, if you’ve been arrested, or
even if you’re in jail. Only a judge has the legal authority to order
you to answer questions.
2. YOU DO NOT HAVE TO LET POLICE OR OTHER LAW ENFORCEMENT AGENTS
INTO YOUR HOME OR OFFICE UNLESS THEY HAVE A SEARCH WARRANT OR ARREST WARRANT.
Demand to see the warrant. The warrant must specifically describe the
place to be searched and the things to be seized. If they have a warrant,
you cannot stop them for entering and searching, but you should still
tell them that you do not consent to a search. This will limit them to
the scope of the search authorized by the warrant.
3. IF THEY DO PRESENT A WARRANT, YOU HAVE THE RIGHT TO MONITOR THEIR
SEARCH AND ACTIVITIES.
You have the right to observe what they do. You have the right to ask
them for their names, badge numbers, and what agency they are from. Have
your friends who are present act as witnesses. Give this information to
your lawyer. A warrant does not give the government the right to question,
nor does it obligate you to answer questions.
4. IF THE POLICE OR FBI OR INS OR ANYONE ELSE TRIES TO QUESTION
YOU OR TRIES TO ENTER YOUR HOME WITHOUT A WARRANT, JUST SAY NO!
Police and other law enforcement agents are very skilled at getting information
from people. Many people are afraid that if they refuse to cooperate,
it will appear as if they have something to hide. Don’t be fooled.
The police are allowed to (and do) lie to you. Although agents may seem
nice and pretend to be on your side, they are likely to be intent on learning
about the habits, opinions, and affiliations of people not suspected of
wrongdoing, with the end goal of stopping political activity with which
the government disagrees. Trying to answer agents’ questions, or
trying to "educate them" about your cause can be very dangerous.
You can never tell how a seemingly harmless bit of information that you
give them might be used and misconstrued to hurt you or someone else.
And keep in mind that lying to a federal agent is a crime.
5. IF YOU ARE STOPPED ON THE STREET, ASK IF YOU ARE FREE TO GO.
If you are stopped by the police, ask them why. If they do not have a
good reason for stopping you, or if you find yourself chatting for more
than about a minute, ask, "Am I under arrest, or am I free to go."
If they do not state that you are under arrest, tell them that you do
not wish to continue speaking with them and that you are going to go about
your business. Then do so.
6. ANYTHING YOU SAY TO THE POLICE, FBI, INS, ETC. WILL BE USED AGAINST
YOU AND OTHERS.
Once you’ve been arrested, you cannot talk your way out of it! Don’t
try to engage the cops in dialogue or respond to their accusations.
In California, YOU HAVE THE RIGHT TO MAKE THREE (3) FREE LOCAL TELEPHONE
CALLS within three hours of your arrest on state charges if you are booked
into jail. You have a right to call a lawyer, a bail bondsperson, and
a friend or relative. If arrested by federal authorities, you also have
a right to a phone call. Demand to make those calls.
7. THE FBI MAY THREATEN YOU WITH A GRAND JURY SUBPOENA IF YOU DON’T
TALK TO THEM.
They may give you a subpoena anyway, so anything you tell them may permit
them to ask you more detailed questions later. You may also have legal
grounds to refuse to answer questions before a grand jury. If you are
given a grand jury subpoena, you should call a lawyer immediately (see
contact information at the end). Tell your friends and movement groups
about the subpoena and discuss how to respond. Do not try to deal with
this alone.
8. IF YOU ARE NERVOUS ABOUT SIMPLY REFUSING TO TALK, TELL THEM TO
CONTACT YOUR LAWYER.
They should stop trying to question you once you announce your desire
to consult a lawyer. You do not have to already have one. Remember to
get the name, agency, and telephone number of any investigator who visits
you, and contact the National Lawyers Guild for help getting a lawyer.
HOW SHOULD I RESPOND TO THREATENING LETTERS OR CALLS?
If your home or office is broken into, or threats have been made against
you, your organization, or someone you work with, share this information
with everyone affected. Take immediate steps to increase personal and
office security. You should discuss with your organization and with a
lawyer whether and how to report such incidents to the police and the
advisability of taking other legal action. If you decide to make a report,
do not do so without a lawyer present.
WHAT IF I SUSPECT SURVEILLANCE?
Prudence is the best course, no matter who you suspect, or what the basis
of your suspicion. Do not hesitate to confront suspected agents politely,
in public, with at least one other person present, and inquire about their
business. If the suspect declines to answer, he or she at least now knows
that you are aware of the surveillance. If you suspect government agents
are monitoring you, or are harassing you, report this to the National
Lawyers Guild.
WHAT IF I AM NOT A CITIZEN?
1. You Do Not Have To Reveal Your Immigration Status.
We cannot count on the police to honor local sanctuary ordinances, and
the fact that the INS obtained your name in violation of a sanctuary ordinance
will NOT prevent you from being deported.
2. Foreign Nationals Who Are Arrested In The U.S. Have The Right
To Call Your Consulate
Or to have the police inform your consulate of your arrest. The police
must allow your consul to visit or speak with you. Your consul might assist
you in finding a lawyer or offer other help, such as contacting your family.
You also have the right to refuse help from your consulate.
3. Do Not Talk To The INS, Even On The Phone
Before talking to an immigration lawyer. Many INS officers view "enforcement,"
meaning deporting people, as their primary job. They do not believe that
explaining immigration options is part of their job, and most will readily
admit this. (Noncitizens who are victims of domestic abuse should speak
with an expert in both immigration law and domestic violence.) A noncitizen
should always speak with an immigration law expert before speaking to
the INS either in person or by telephone.
4. Know And Assert Your Rights!
All noncitizens have the following rights, regardless of your immigration
status:
a. The right to speak to an attorney before answering any questions or
signing any documents.
b. The right to a hearing with an Immigration judge.
c. The right to have an attorney at that hearing and in any interview
with INS (however you do not have the right to a free, government-paid
lawyer) ; and
d. The right to request release from detention, by paying a bond if necessary
Noncitizens must assert these rights, If you do not demand these rights,
you can be deported without seeing either an attorney or a judge. Leaving
the U.S. in this way may have serious consequences for your ability to
later enter or to gain legal immigration status in the U.S.
5. Talk To An Immigration Lawyer Before Leaving The U.S.
Anyone not a U.S. citizen may be barred from coming back to the U.S. if
they fall into certain categories of people barred from entering. This
includes some lawful permanent residents and applicants for green cards.
Some noncitizens that have been in the U.S. without INS permission may
be permanently barred from re-entering. In addition, some noncitizens
that leave the US and return with INS permission may be swiftly removed
from the U.S. if they end up in immigration proceedings.
WHAT IF I AM UNDER 18?
Your Rights At School:
Public school students have the First Amendment right to politically organize
at school by passing out leaflets, holding meetings, publishing independent
newspapers, putting up posters, etc., just so long as those activities
do not disrupt classes. Students can be suspended or expelled from school
only if they violate the law or disrupt school activities. You have the
right to a hearing, with your parents and an attorney present, before
being suspended or expelled.
Students can have their backpacks and lockers searched by school officials
at school if they have "reasonable suspicion" that you are involved
in criminal activity, carrying drugs, weapons, etc. Reasonable suspicion
means they have to have specific reasons to justify their search, but
in reality that offers you minimal protections. Do not consent to the
police or school officials searching your property, but do not physically
resist or you may face criminal charges.
Students can now be stopped and questioned by school officials at school
even without reasonable suspicion, but not for reasons that are harassing
or discriminatory. In other words, if you are not in class you can be
stopped and questioned as to where you are going and why, but they should
not stop and question you for engaging in legally protected political
activity or because of your ethnicity or religion.
WHAT IF I’M ARRESTED?
Minors too have the right to remain silent; that is you do not have to
talk to the police, probation officers, or school officials. If you are
detained at a community detention facility or Juvenile Hall, you normally
must be released to a parent or guardian. If charges are filed against
you, you have the right to have a lawyer appointed to represent you at
no cost.
What about juvenile curfews?
If you are a minor, you may be detained by police if you are out late
at night after local curfew laws are in effect, unless you have written
permission of your parents.
CONTACT INFORMATION
National Lawyers Guild Bay Area legal hotline for police/government harassment
and repression:
(415) 285-1055
(415) 255-0796
National office: (212) 627-2656, http://www.nlg.org
Immigration Concerns: (415) 981-3000
NLG National Immigration Project: (617) 227-9727
Arab and Muslim Community toll-free hotline to report hate crimes in S.F.:
(877) 282-2288 Bilingual (Arabic/English) or
ADC-SF (415) 861-7444 or
American Civil Liberties Union of Northern California: (415) 621-2493
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