Talk to a lawyer to know your rights. The laws about the government’s right to question you are hard to understand. After the September 11 attack, new laws give federal officers new powers to question, arrest, and detain. More laws and court cases to challenge them are likely. So, it is important to talk to a lawyer to know your rights. If you think you might be stopped or questioned, you should carry with you the name and telephone number of a lawyer who will take your calls. None of this advice is meant to stop you from cooperating with proper law enforcement investigations.

The right to remain silent. The Fifth Amendment to the U.S. Constitution says that every person has the right to not answer questions asked by a government agent. They can ask you questions, but you cannot be arrested just for refusing to answer them. But the police or FBI may become suspicious of you if you refuse.

The right to be free from "unreasonable searches and seizures." The Fourth Amendment protects your privacy. Without a warrant, no government agent can search your home or office without your consent, and you have the right to refuse to let him or her in. But in emergencies (like when a person is heard inside calling for help) officers can enter and search without a warrant. If you are arrested in your home, the officers can search the area "close by," which usually means the room you are in at the time of the arrest. Be aware that the government may be monitoring your e-mail, your cell phone calls, or your telephone calls without your knowledge.

The right to advocate for change. The First Amendment protects groups and individuals who peacefully advocate for their rights or who oppose government policies. But, the U.S. Supreme Court has said that the INS can target non-citizens for deportation because of their First Amendment activities, as long as it could deport them for other reasons. This means the INS could target a visitor who overstayed a visa because it disliked his or her speech, views, or associations with individuals and groups.

A: You have the right to remain silent. It’s not a crime to refuse to answer questions, but refusing to answer might make the police suspicious about you. In most states, you can’t be arrested for refusing to identify yourself on the street, but if you are stopped while driving a vehicle, you must show your license and registration. You do not have to talk to anyone even if you’ve been arrested, or even if you are in jail, especially without a lawyer present. Only a judge can order you to answer questions.

A: You have the right to talk to a lawyer before you answer questions. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If you do decide to speak with a law enforcement officer, you have the right to have a lawyer present. If you do not have a lawyer, you may still tell the officer you want to speak to a lawyer before answering questions. If you do have a lawyer, keep his or her business card close by. Show it to the officer, and ask to call your lawyer. Remember to get the name, agency, and telephone number of any investigator who visits you, and give that information to your lawyer.

A: Your home cannot be searched by police or other law enforcement agents unless you consent, or unless they have a search warrant. Interfering with the search probably won’t stop the search and you might get arrested for it. This is true even if the search is not legal. Your roommate or guest can legally consent to a search of your house if the police believe that person has the authority to give consent. Police and law enforcement need a warrant to search an office, but your employer can consent to a search of your workspace without your permission.

A: The area near where you are arrested can be searched without a warrant. But your entire house cannot be searched unless there is a warrant that describes in detail the places to be searched and the people or things to be seized.

A: You have the right to see the warrant. The warrant must tell in detail the places to be searched and the people or things to be seized. If the police have a warrant, you cannot stop them from entering and searching, but you can and should tell them that you do not consent to a search. This will limit them to search only where the warrant authorizes. Ask if you are allowed to watch the search; if you are allowed to, you should. You should take notes including names, badge numbers, and what agency the officers are from. If others are present, have them act as witnesses. Give the information from you and your witnesses to your lawyer.

A: No. You may be asked questions before, during, or after the search. A search warrant does not mean you have to answer questions.

A: You do not have to let the police search your home, and you do not have to answer their questions. Your refusal to answer questions or let them search without a warrant cannot be used by the police to get a warrant to arrest you or to search your home or office.

A: Do not physically interfere with or obstruct the search or you may be arrested, even if the search is illegal. Try to have a witness there to show that you did not give consent, and to get the names and badge numbers of the searching officers. If the search is later found to be illegal, any evidence found during that search will not be admissible in a criminal case.

A: Anything you say to the police can be used against you and others. Keep in mind that lying to the government is a crime.

A: You have the right to ask if you are free to go. If the police say you are not under arrest, but are not free to go, then you are being "detained". Being detained does not necessarily mean you will be arrested. The police can pat down the outside of your clothing if they have reason to suspect you might be armed and dangerous. If they search any more than this, say clearly, "I do not consent to a search." They may keep searching anyway. You do not need to answer any questions if you are detained or even if you are arrested.

A: Upon request, show them your license, registration, and proof of insurance. You do not have to consent to a search. But in some cases your car can be searched without your consent if the police have probable cause.

A: A grand jury subpoena is a written order for you to go to court and testify about information you may have. If the police or FBI threaten to give you one, you should call a lawyer right away. If you speak without a lawyer, you may be subpoenaed anyway, and anything you tell law enforcement agents may lead them to ask you more questions later. If you are subpoenaed before a grand jury, you may have a legal right to refuse to answer questions; you should meet with your lawyer to find out your rights.

A: No. If you are arrested, you do not have to give a statement or answer any questions. If you are arrested and do not want to answer any questions, you should ask for a lawyer right away. You have a right not to answer any questions until after you have talked to your lawyer.

A: You have the right to approach suspected agents in a non-angry way, in public, and to ask what they are doing. You may want to bring along a witness. Even if the person you suspect does not answer, that person at least now knows that you know you are being watched. It is not illegal for law enforcement officers to engage in surveillance in public places. But, if you think government agents might be following you, or if they are harassing you, you can talk to a lawyer.

A: Remember the officer’s badge number, name, or other identifying information. You have a right to ask the officer for this information. Write down everything as soon as you can. Try to find witnesses and their names and phone numbers. If you are injured, take pictures of the injuries as soon as you can. Call a lawyer.

CONTACT INFORMATION American Civil Liberties Union (ACLU): (212) 549-2500 (202) 244-2990

National Lawyers Guild – Post 9/11 Project: (212) 505-9119

U.S. Commission on Civil Rights (UCCR): (800) 552-6843

Return to Top