[Peace] Fwd: Update -- October 4, 2001
Stuart Laird
stuart at laird.com
Thu Oct 4 22:28:37 CDT 2001
The following was prepared by Harvey Grossman, legal director of the
Illinois Division of the American Civil Liberties Union. Please duplicate
and distribute as widely as possible.
KNOW YOUR RIGHTS
IF LAW ENFORCEMENT OFFICIALS APPROACH YOU
In the course of investigating the tragic events of September 11, law
enforcement officials across the country are contacting and questioning
members of the general public. Many people will voluntarily choose to
cooperate with law enforcement officials. Nevertheless, to make informed
decisions during these contacts, it is important to be fully informed of
your rights.
1. Do not be afraid or reluctant to assert your rights; the exercise
of your rights is not an admission of guilt.
2. You have the right not to be targeted by law enforcement officials
for investigation or questioning based on your race, ethnicity, or religion.
3. You have the right to remain silent and refuse to answer any
questions. Later on, your silence may not be used against you in any
way. If you do answer, anything you say can be used against you. You are
not legally required to identify yourself to a law enforcement official -
except when you have been driving and an official asks you for your
driver's license and registration.
4. You have the right to consult with an attorney before answering
questions. You should not be afraid or reluctant to advise a law
enforcement officer that you wish to speak with an attorney before speaking
further. If you do decide to speak with a law enforcement officer, you
have the right to have an attorney present. If you do not presently have
an attorney, that fact is no barrier to asserting your right to consult
with an attorney before answering questions. If you do have an attorney,
keep your attorney's business card handy to show the officer and ask to
call your attorney.
5. If you decide to speak to a law enforcement official without your
lawyer present, it is best to have a witness present.
6. If a law enforcement official approaches you at an inconvenient
time (for example, late at night or during dinner or prayer) or at a bad
place (for example, at your school or place of employment), you do not have
to speak to the officer at that time or place. If you do wish to speak
with the officer, it is appropriate to arrange to do so at a time and place
that is better for you.
7. If you do choose to answer questions, tell the truth. It is a
crime to willfully make materially false statements to federal law
enforcement officials, and false statements will make you look guilty even
if you are innocent of any wrongdoing.
8. You have the right to refuse to allow law enforcement officials
into your home if they knock at your door and request permission to enter -
unless they have a warrant signed by a judge. If the officials do not have
a search warrant, you do not have to give your consent to a search. If law
enforcement officials say they have a search warrant, ask to see it. A
search warrant does not mean that you have to speak to a law enforcement
official and answer questions.
9. Get the name and the agency of the law enforcement officials who
approach you.
10. If you believe that a law enforcement official has asked you
improper questions or approached you for improper reasons or in an improper
manner, seek legal assistance. For example, call the hotline at the
American Civil Liberties Union of Illinois, at (312) 201-9740.
The most dangerous element in any society is ignorance.
-Emma Goldman
http://www.laird.com
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