Know Your Rights With Law Enforcement/FBI

You have the right to remain silent and refuse to answer any questions from law enforcement. Law enforcement agents must possess an accurate search warrant signed by a judge to enter and search your house. Non-citizens do not have to answer questions about their immigration status. Do not lie about your citizenship status or provide fake documents. If you are arrested, request to speak to a lawyer and then do not speak to police until you have met with an attorney. Contact CAIR to report discrimination or harassment by the police.

Organization Source:
Council on American-Islamic Relations (CAIR) 

Organization Website:
https://www.cair.com/ 

Categories:
Interaction with law enforcement (LEA) | LEA – On the Streets/General

 Date Last Updated: January 1, 2025 

See “Know Your Rights with Law Enforcement” PDF’s in different languages:

If you are visited by federal law enforcement agents, remember:

  • You have the legal right to have a lawyer present when speaking with federal law enforcement agencies. This is true even if you are not a citizen or have been arrested or detained. This is your legal right. Refusing to answer questions cannot be held against you and does not imply that you have something to hide. Answering a question incorrectly can hurt you more than not answering at all. An attorney is best able to protect your rights.
  • You do not have to permit any law enforcement officer to enter your home or office if they do not have warrant. Law enforcement agents must have a search warrant, except in emergency situations, in order to enter your house. If they say they have a warrant, politely ask to see it before allowing them to enter. If they have a warrant, be courteous and polite, but remember that you are under no obligation to answer questions without a lawyer present. You should tell the agents that you do not consent to the search so that they cannot go beyond what the warrant authorizes.
  • You should never lie or provide false information to any law enforcement agency. Lying to law enforcement agents under any circumstance is a federal crime.
  • Remember to ask any investigator who visits you for a business card so you can give it to your lawyer. At least get the name, contact information and agency of the officer.

If stopped by police:

  • On the street: The police must have a specific reason to approach and question you. If you are approached and questioned, the police can pat you down over the outside of your clothing if they have reason to suspect that you are armed and dangerous. You do not have to answer any questions besides identifying who you are and showing a government-issued ID. After the interaction, you will be either free to leave or under arrest. Ask the officer clearly if you are free to leave or if you are under arrest. If you are free to leave, consider just walking away.
  • In your car: Keep your hands where they can be seen. If you are driving a vehicle, you must show your license, registration and proof of insurance. You do not have to consent to a search, but police may have legal grounds to search your car anyway. Clearly say that you do not consent to the search. Officers may separate passengers and drivers from each other to question them, but no one has to answer any questions.
  • If arrested or taken to a police station: Remember you do not have to talk to any police officer even if you have been arrested or detained. Clearly ask for a lawyer and one phone call until they are provided. If you cannot afford a lawyer, the government has to provide one.
  • If mistreated: Do not resist arrest or fight with any police officers. Write down the officer’s name, badge number and any other identifying information. Try to find witnesses and write down their contact information. File a complaint with CAIR as soon after the event as possible.

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