WHAT YOU SHOULD DO
You have the right to remain silent. You do not have to answer any questions. If you do not want to talk, simply say that I choose to remain silent. You have the right to refuse to consent to a search of your personal body, your automobile, or your house. You can ask if you are being detained or under arrest. If you are not, you may calmly leave. You have the right to an attorney if arrested. Ask for one immediately! If you are not a U.S. citizen, you still have rights under the Constitution.
IF YOU ARE STOPPED FOR QUESTIONING
Stay calm and comply with their request. Don't attempt to run from the scene. Don't argue, resist or obstruct the police, even if you are innocent. Even if you believe the police are violating your rights, stay calm and simply ask for your lawyer to be present. Keep your hands in plain site at all times. If you are going to reach for something, ask the police for permission and tell them what you are reaching for. You may be asked to identify yourself. You can show the police your ID. You don't have to consent to a search of yourself or your belongings, but police may "pat down" your clothing if they suspect a weapon. Do not physically resist if they do the "pat down". Do NOT consent, for any further search as it may affect you negatively later in court.
WHAT YOU NEED TO DO IS STOPPED OR ARRESTED
Stay calm and be polite. Do not obstruct or interfere with the police in any manner. Do not tell a lie or give any type of false documents. Prepare yourself and your family if you think you may be arrested. It is important to remember as much of the details of the situation as possible. Try to write them down as soon as possible. This may be invaluable to your case.
IF YOU ARE STOPPED IN YOUR CAR
Stop the car in a safe and well lit place. Turn off your car and turn on the internal light. Open the window part way and place your hands on the wheel. If the police ask, show your driver's license, registration and proof of insurance. If an officer or immigration agent asks to look inside your car, you can refuse. However, if the police believe your car contains evidence of a crime, your car can be searched without your consent. You, as the driver, and your passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent.
IF YOU ARE QUESTIONED ABOUT YOUR IMMIGRATION STATUS
You have the right to remain silent and do not have to discuss your immigration or citizenship status with the police. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent. Do not lie about your citizenship status or provide fake documents.
IF THE POLICE OR IMMIGRATION AGENTS COME TO YOUR HOME
You do not have to let them in unless they have a warrant. Tell the officer to slip the warrant under your door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but only allows the officers to search for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent. Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.
IF YOU ARE CONTACTED BY THE FBI
If an FBI agent comes to your home or workplace, you don't have to answer any of their questions. Inform the agent that you want to speak to your lawyer first. If you are asked to meet with FBI agents for an interview, you have the right to say you do not want to be interviewed. If you agree to an interview, have a lawyer present. You do not have to answer any questions you feel uncomfortable answering, and can say that you will only answer questions on a specific topic.
IF YOU ARE ARRESTED
Do not resist under any circumstances, even if you believe the police are not being fair. Tell the police that you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses, simply don't talk. If you can't pay for a lawyer, you have the right to a free one. Don't say anything, sign anything or make any decisions without a lawyer. You have the right to make a local phone call. The police cannot listen if you call a lawyer. If you are in jail, don't talk to anyone about your case in person or on the phone as it may be recorded. Any conversations may be used against you in trial.
If any of these situations occur, call Bryan R. Kazarian for help. He's been there, done that, and knows the system.