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The Fourth Amendment (4th) of the constitution protects all persons from
unreasonable searches and seizures. The Fifth Amendment (5th) gives every
person the right to stay silent. The Sixth Amendment (6th) assures you the
right to a lawyer. These rights can not be taken any by anyone regardless of
whether or not you have been convicted of a crime in the past.
If you are stopped by the police:
You NEVER have to talk to any police officer, parole/probation officer, agents or investigators on the street, at
your home at work, or which in custody (5th).
You are not required to carry ID unless you are driving. You cannot be
arrested for refusing to identify yourself on the street but you may seem suspicious.
When stopped always ask, "Am I being detained?" or "Am I
being arrested?" If the police are NOT detaining or arresting you, let
them know you are free to go then because custody was established by the officer.
Remember that police officers DO NOT have to tell you why they are
speaking to you and will often lie when asked the reason for them stopping you.
Lying to a federal agent or police officer is a crime so be mindful of
what you say because it can and will be used against you in court. You have
the right to stay completely silent (5th). Remember that police can lie and
scare you to get you to talk.
Police have to read you your Miranda rights to you only if they are or
have been questioning you for the alleged crime.
These are your rights under the law but that does not mean that you will
always enjoy these rights in reality. Do not expect police to honor your legal rights!
If you are pulled over by the police while driving:
If ordered by the police to do so the driver of a vehicle is required to stop, show
identification, and answer routine questions. All information needed at this
time is available on your driver's license and registration card. Always
have on your seatbelt. You can be pulled over and fined just for not having
on your seatbelt in DC and Maryland.
In certain cases your car can be searched without a warrant as long as
the police have probable cause. Regardless tell the police "I don't
consent to the search of my car or my person." There needs to be
probable cause in order for a search to be conducted.
Police Officers may order the driver and passengers out of the vehicle
and they can search you and your passengers if they have probable cause. In
any event tell the police "I don't consent to the search of my car or my person."
If you are suspected of driving drunk and you refuse to take a blood,
urine or breath test, your driver's license may be suspended. Regardless
tell the police "I don't consent to the search of my car or my person."
Organized Community of United People
Toll free Phone: 866-806-9069 x5413
Web: www.voxunion.com
Email: organizedcoup@voxunion.com
Searches and Seizures (4th)
You do not have to let any police, agent, etc. into your house or office without a search warrant.
The police cannot search you, your possessions or your car without probable cause.
Police are allowed to frisk you anytime, which is a quick pat down on the
outside of your clothing. To protect yourself say, "I do not consent to
this search of my person or belongings." They cannot go in your pockets,
socks, bag, etc., unless probable cause is established or feel something heavy
during the pat down.
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You cannot be arrested for not consenting to a search. You cannot be arrested
for refusing an officer or agent access to your house, office or personal
belongings unless they have a signed warrant. Ask to see the warrant, they must
show you a warrant to conduct a search. Call a lawyer during any search (6th).
If you do not have one, contact ACLU (see bottom).
Remember that interfering with a police search beyond refusing to consent can
result in very serious charges. You do not have to answer any questions during a
search (5th).
Detainment and Arrests
If you are not free to go, you are being detained.
Police do not have to read you your rights or give you access to a lawyer if you
are merely detained. While you are being detained police are free to ask you
questions without reading you your rights. It is best to remain silent (5th).
Anything you say while being detained can be distorted to give them a reason to
arrest or search you.
If you are being taken, ask if you are under arrest. If you are under arrest
you have the right to know why (6th). You also have the right to see a lawyer as
soon as possible. If you cannot afford a lawyer you have the right to a free one
(6th). You also have the right NOT to answer questions without your lawyer
present (5th & 6th). And you are guaranteed one phone call when arrested.
If you are a NON-CITIZEN and you are stopped and/or detained:
DO NOT speak to any police officers or members of law enforcement agencies (FBI, CIA, DEA) If
any of those persons asks about your immigrant status, tell them "I am
going to remain silent, I want to speak to a lawyer."
After asking to speak to a lawyer REMAIN SILENT. Do not speak to anyone in
any language. They may be an undercover agent. You have the right to remain
silent and should exercise this right until you see a lawyer.
If Immigration picks you up after being released from police custody, or on
the streets, demand to talk to a lawyer. DO not answer any questions. Remember
that Immigration is under no obligation to provide a lawyer for you. If you do
not already have a lawyer call a friend and have them retain lawyer for you.
Keep your conversation brief, as you are not guaranteed the right to privacy
with anyone but your lawyer.
DO NOT SIGN ANYTHING without talking to a trusted (immigration) lawyer. The
INS often tries to get people to sign voluntary deportation order, which can
have consequences for your ability to re-enter the Untied States at a later date.
American Civil Liberties Union (ACLU) 202-457-0800
Civilian Complaint 202-727-4385
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