Know Your Rights. | ChangeChi

You’re interacting with a police officer or ICE official: What now?

Know Your Rights.

Pulled over?

You have every right to remain silent. To make sure to exercise your right, say so out loud and decline to comment further.
Be mindful of the fact that police do not need a warrant to search a vehicle. If probable cause for a necessary search is concluded, they have the right to search the vehicle.
You are allowed to request to leave. For example, ask “Am I free to go?”. If there is no answer or you are denied, act accordingly and assume that further action will be taken on the officer’s part. There is a chance you may be taken into custody.
After the encounter (or during, after asking for permission to access adequate materials), write down everything you can remember about the situation. This includes the officer’s badge and patrol car numbers, and possibly the agency or precinct they work for.
Try to get contact information in relation to any witnesses for support and corroboration of your accounts. If you are physically harmed, take photos of your injuries with time stamps.
This information you have collected will aid in further investigation of misconduct. If you’d like to learn more about legal aid and next steps, visit our Resources page.

Stopped in public?

• You have every right to remain silent. You do not have to answer any questions about your heritage, nationality, or citizenship status.

• To make sure to exercise your right, say so out loud and decline to comment further. You do not have to consent to a search of yourself or any belongings. The only thing that you are legally bound to physically consent to is a pat down.

• You are allowed to request to leave. For example, ask “Am I free to go?”. If there is no answer or you are denied, act accordingly and assume that further action will be taken on the officer’s part. There is a chance you may be taken into custody.

• After the encounter (or during, after asking for permission to access adequate materials), write down everything you can remember about the situation. This includes the officer’s badge and patrol car numbers, and possibly the agency or precinct they work for.

• Try to get contact information in relation to any witnesses for support and corroboration of your accounts. If you are physically harmed, take photos of your injuries with time stamps. This information you have collected will aid in further investigation of misconduct, internal or otherwise. If you’d like to learn more about legal aid and next steps, visit our Resources page.

• It is advised that you do not sign, speak, or make any decisions without a lawyer present. If you are arrested by police, you have the right to invoke the presence of a government-appointed lawyer if you cannot afford one. See the above legal aid resources for more information.

Police at your residence?

You have every right to remain silent. You do not have to answer any questions about your heritage, nationality, or citizenship status. To make sure to exercise your right, say so out loud and decline to comment further.
You do not have to let police officers into your residence unless they have a search warrant that is signed by a judicial officer, and has your information on it. You may ask an officer to slip the warrant under the door or hold it up to the window so you can read it. The search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant has the name of the person to be arrested. Even if officers have a warrant, you have every right to remain silent.
After the encounter (or during, after asking for permission to access adequate materials), write down everything you can remember about the situation. This includes the officers’ badge and patrol car numbers, and possibly the agency or precinct they work for. Try to get contact information in relation to any witnesses for support and corroboration of your accounts.
If you are physically harmed, take photos of your injuries with time stamps. This information you have collected will aid in further investigation of misconduct, internal or otherwise. If you’d like to learn more about legal aid and next steps, visit our Resources page.
It is advised that you do not sign documents, speak, or make any decisions without a lawyer present. If you are arrested by police, you have the right to invoke the presence of a government-appointed lawyer if you cannot afford one. See the above legal aid resources for more information.

Witnessing police brutality?

Aim to stand a safe distance away from the action and refrain from interfering with direct contact unless necessary. You have the right to observe and record events that are plainly visible in public spaces.
Do not try and hide the fact that you are recording. In many states, you must make citizens aware that you are recording them. Police officers do not have a reasonable expectation of privacy when performing their jobs, but the people they are interacting with do.
Officers may not confiscate or demand to view your photographs or video content of the interaction without a warrant, and they may not delete your photographs or video under any circumstances. If an officer tells you to stop recording or demands your phone, remind them that the act of taking photographs and videos is protected under the First amendment.
If arrested, this arrest will be deemed as unlawful. Do not speak, sign or do anything without a lawyer present under this unlawful arrest. See information on legal aid and the right to invoke an attorney here.

ICE officers asking for your information?

You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court. If you aren’t a US citizen and an immigrant agent asks you to show your immigration papers, display them if you have them with you.
Carry your papers with you at all times. If you don’t have them, tell an officer that you want to remain silent, or that you want to consult a lawyer before answering any questions. The government is not required to provide a lawyer for you, however, you can ask for a list of free or low-cost alternatives. See our resources page here for more information on legal aid.
Officers may ask to search you. You maintain the right to say no. Agents do not have the right to search you or your belongings without your consent or probable cause.

ICE officers at your residence?

First, you are not required to let immigration agents or officers into your home unless they have an arrest or search warrant. Warrant of removal, deportation or Form I-205 does not allow officers to enter a home without consent.
You may ask if the officers are immigration agents and what they are there for; identification is a must. Ask them to slide any warrants and badge information under the door. Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address. If they don’t produce a warrant, keep the door closed.
You may say, “I do not consent to your entry.” If forced entry is attempted, you can exercise your rights by stating: “I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.”
Do not do anything without a lawyer being present from this point forward. The government is not required to provide one for you, However, you can ask for a list of free or low-cost alternatives, or see our resources on legal aid here.
Also, if you fear persecution or torture in your home country, tell an officer and contact a lawyer immediately. You have additional rights afforded to you personally if you have this fear, and the appropriate further steps will be taken to protect you.

This webpage was assembled by the Youth Violence Prevention Ambassadors from

True Star Media as a part of the #ChangeChi campaign. Want to know more about us

and our mission?

We believe everyone should be thoroughly educated on their rights during police or immigration officer encounters.

We believe that children under 18 should have a parent around in any police interrogation or altercation.

We believe that members of the community deserve hospitality instead of hostility.

We believe that racial profiling when being pulled over should be eradicated through police accountability and proper training.

We believe being able to use race or ethnicity as grounds for suspecting someone of having committed an offense is abhorrent, and should be stopped immediately.

We believe all officers should always prioritize stating a sensible reason as to why they are pulling over any person.

We believe any person of color should know their rights when being pulled over, being detained, or arrested.

We believe that Black and Brown lives should no longer be targeted by the legal system.