如果你被警方拦下或逮捕该怎么办?

It is important to know your rights if you are ever stopped by a police or immigration officer or if you are arrested by police. If you are questioned by law enforcement, be polite and respectful. 从不撒谎, 争论, 抵抗, or run away.

police car in USA
Photo courtesy of Dave Conner/Wikimedia Commons

在美国, the police are generally good and want to help you. But you should know your rights. You have rights even if you are not a US citizen. You should know that law enforcement officers may briefly hold and question you if they suspect you were involved in a crime. They might do this even if there are not enough reasons to arrest you.

Your rights if you are stopped in a car or arrested by police while in a car

  • 你有权保持沉默, 不回答任何问题.
  • When receiving a citation (a ticket for speeding, 举个例子) you must provide your driver’s license, 保险, and vehicle registration if requested.
  • 该干事可以问你要踏出车门. You should do what they ask.
  • Police are not allowed to check the car unless there is “probable cause.”
  • You do not have the right to leave if the officer tells you to stay.
  • A pat down is typically a surface search done over your clothes. It can happen if the officer has a reason to believe there is something suspicious happening, 但他或她不能通过你的口袋. 在搜索, they have a more thorough method where they might search under your clothes. 法律允许你拒绝他们.

Your rights if you are arrested by police or taken to a police station

  • If you are arrested by police, you have the right to remain silent and talk to a lawyer.
  • 允许您使 3 电话内 3 小时的被捕.
  • 你能告诉警察自己不多于你的律师到来之前的基本信息.
  • 不要与任何人,但你的律师讨论你的移民地位.

Your rights if a police officer wants to search your home or car

  • 执法不是允许搜索你的房子没有您的同意或搜查令. A warrant is a legal document that gives them permission to search. 如果你不在家, 如果有其他人同意, 警察可以搜查你的家.
  • 你不应该让军官进入你的家,除非他们有搜查令.
  • 应由一名法官签署逮捕令.
  • If an officer insists on entering without a warrant, do not resist. You can say that you do not allow it, 然后立即打电话给律师.

The Supreme Court only allows a law enforcement officer to enter a house without knocking if they have “a reasonable suspicion”. This means that they think something illegal might be happening. They also think that showing they are there might be dangerous or might allow the suspect to destroy any evidence.

为更多的信息来帮助您了解您的权利, 您可以 read our “知道你的权利” information. It was prepared in partnership with Church World Services, which offers low-cost legal services to immigrants.

Questions and answers about being detained or arrested by police

Here are some answers to questions you may have about being stopped or arrested.

我要回答提问执法吗?

你有宪法权利保持沉默, 所以你不需要回答问题. 你不必和任何军官或其他人交谈. It is a good idea to talk to a lawyer before answering any questions. 告诉警察你选择不回答. 但永远尊重和礼貌尽可能多.

How should I behave if I am stopped in my car?

Try to move slowly and make sure you always keep your hands visible to the officer. 不要身体反抗拍下来或搜索. 反而说, “I do not consent to a search.” Ask the officer if you are free to leave, 如果官员说是, then leave calmly. 然而, if the officer says no, you must stay. 绝对跑不掉, and keep your hands visible all the time.

如果我的待遇严重执法人员?

你有权问他的信息, 如他的姓名和徽章号码. 试着找证人,如果你受伤了,尽快采取图片. 打电话给一位律师或您当地的人权保护办公室.

Do I have to show my immigration documents if I am arrested by police?

非公民是 18 年或更老应该随身携带他们的文件在任何时候. If you are undocumented and cannot show US immigration documents, 您可以选择不回答关于您的状态的问题. These questions might include “Are you a citizen?"或, “Where are you from?” Do not lie about your status, 而是说你选择不回答.

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其他资源


本页面上的信息来自 Aclu, 世界教会服务, 和其他受信任的来源. 它用于指导,并尽可能频繁地更新. 美国你好不提供法律意见, 也不是任何拟采取法律咨询作为我们材料. 如果您正在寻找免费或低成本的律师或法律帮助, 我们可以帮助您 寻找免费和低成本的法律服务.

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