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What to do if you are stopped by the police?-
Keep these basic rules in mind:
Keep calm Do not run Speak thoughtfully. Whatever you say is used against you
Can.
Do not touch the officers. Put your hand where the police officer can see.
Do not resist. If you believe that you are innocent, or that the police or ICE are unfair to you
Or even if you are behaving illegally, do not oppose them.
You have the right to refuse to search your car, house or yourself. To search
You cannot be arrested for refusing to.
If you have been stopped by the police or ICE, ask them «Can I go?” If
Yes, and if you do not want to talk, go peacefully.
You do not have to talk to the police or ICE. Immigrants with valid documents when asked
Will have to show visa proof to ICE agents, but not to police officers.
If you are arrested:
Ask for a lawyer
Tell the authorities that you want to keep quiet
Say nothing
If you are stopped on the road:
The police cannot catch you unless you suspect that you are involved in criminal activity. The ICE cannot catch you unless it believes that you live in the country without permission. The police and the ICE cannot stop you only on the basis of your race, ethnicity or religion. If you are stopped by the police or ICE, ask «Can I go?” If yes and you do not want to talk to them, then go in peace.
The police cannot search your clothes until they suspect that you have a concealed weapon.
The police and the ICE cannot search you or your pocket or bag until they have a reasonable reason to suspect that evidence of a crime may be recovered from you, or that they are arresting you. If the police or ICE tries to search you or your property, you tell them, "I don't agree with this." Do not resist physically.
Police in New Jersey cannot ask for your ID or your name unless they are issuing a court summons to you.
You do not have to talk to the police or ICE about your immigration status. If they say so, immigrants with valid documents should show proof of their legal status to ICE agents, but not to police officers. If you do not have valid documents, tell them that you want to remain silent. Do not lie about your citizenship or give fake documents at all.
In the car:
The police can stop your car only if they have reasonable suspicion that you have committed a crime or have violated a traffic rule.
If stopped in the car, the driver must show a license, registration, and insurance card.
The police can search your car only if it has a warrant and allow you to search, or after stopping your car if it suspects that an illegal item or evidence of a crime may be found in your vehicle.
The police cannot search your car unless there is a specific suspicion that there is evidence of a crime inside the car.
The police can order the car driver to get out of the car, but not the passenger unless it is related to the passenger's particular safety.
If you are suspected of driving drunk (DUI), you may need to undergo an alcohol screening test. If you refuse, you may have to lose a driving license under a DUI offense.
in own house:
Except in emergency situations (eg someone's howl), police and ICE agents must have a warrant, or your permission, to enter your home. If the police or ICE say they have a warrant:
Demand to see it - demand to move the warrant under the door or show it through the window
Carefully check that the information is correct
Observe whether a judge has signed it
When the police ask you to enter or search your house without a warrant, you can refuse to allow it.
If you are arrested in your home, the police can search for you and the places around you, but this often does not include the extra part of your room.
If you are arrested, prepare yourself and your family. Remember your family and lawyer's phone numbers. Make an emergency plan, such as preparing for a power of attorney, especially if you have children or need medical attention. Keep copies of your documents with someone you trust.
Stand up for your rights:
Sometimes the police encroach on the rights of the people, stop them, search them or arrest them. If this happens to you, or if an ICE raids, write everything down immediately. Ie badges and police car numbers, everything. If you are injured, ask for treatment and take photographs.
If you have not been arrested, you have the right to photograph or film ICE or police activity in a public place, unless you physically interfere
Don't. If you are in a place where you have the right to be, then you can record from there.
Police cannot search your phone without a warrant.
You can record audio and video, which will go directly to ACLU-NJ. For this you can use Mobile Justice app which is available.
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