PSA: What Rights Do You Have?

 If ICE [or Police] stops your car on the road?

I found this legal and common sense information on the site Law Offices of Crispin C. Lozano. We live in dangerous times and I refuse to be intimated back to the closet.  

Last week an innocent citizen was approach, stated "fine", "not mad at you" and was shot dead with the statement "fucking bitch".  By all appearances she was part of the LGBTQ community. There are still facts in question, however videos are coming forward that show something went horribly wrong.  

 

Without proper understanding of your legal rights and requirements this could happen to any one of us while out. The points below apply mainly to ICE enforcement although many are consistent to all traffic stops. 

A personal point of reference, I have been disrespect during a normal traffic stop and taken into custody on a mis-identification / mistaken identity warrant. At an inquiry after the incident I was told by the police, "What did you expect; your were wearing a dress."     

Below are points to remember when stopped or approached:

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Are you required to pull over for ICE?

Yes. Always ask why they are pulling you over. Drivers must stop for law enforcement, including federal agencies. Immigration agents, however, often use unmarked vehicles and do not wear uniforms. Drivers are obliged to stop only when officers visibly identify themselves and signal to pull over with lights or sirens. Before you say anything else, you should ask the officers what agency they are with and why you are being stopped.

Are you required to show immigration agents your ID?

If you are the driver, you should show your driver’s license when asked. Passengers in a vehicle are not required to show ID or provide any information. Immigrants with lawful status must present immigration papers if asked. Do not present foreign identification or fraudulent documents.

Everyone in the car should assert their right to remain silent. You do not have to answer questions about your nationality or legal status in the United States.

Are you required to roll down your window for ICE?

You may roll down the window partially, just enough to communicate with officers and to pass identification through if you have it. If you fully open the window, it may enable immigration agents to reach inside, open the door or pull you out.

If ICE orders you to exit your car. Do you have to comply?

It depends. The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures by the government.

ICE officers must have probable cause, your consent or a judicial warrant signed by a judge to search your vehicle or require you to exit the car. It is important to first, ask the officer if you are free to go.

Is ICE permitted to search your vehicle or possessions?

Legally, ICE cannot search for your car, pockets or belongings without a judicial warrant, consent or probable cause. You have the right to refuse a search and should clearly state it to officers: “I do not consent to this search.”

Does ICE need a warrant to arrest you during a traffic stop?

For a legal arrest, ICE must have a warrant signed by a judge ― not just an administrative warrant signed by an immigration officer. Be respectful when asserting your rights to ICE because they might escalate the matter.

If you choose to remain silent, immigration officers may extend the traffic stop or try to pressure you for information. If you refuse to exit your car, officers might use force to try and remove you. Under the Trump administration, ICE has “frequently” detained individuals without warrants and conducted unlawful searches.

Many people are being racially profiled and stopped by immigration officers based on their ethnicity. Although it is understandable to feel frustrated or angry, it is important to remain calm and respectful even if you are being unlawfully detained. ICE officers are armed, and if they perceive you as a threat, they may [will] respond with force.

Your safety and the safety of those around you is [the] most important consideration.