Understanding Your Rights with Law Enforcement

In any encounter with law enforcement, you have several key rights. Always stay calm, avoid confrontations, and try to remember details of the encounter. If possible, use your phone to record the entire situation.

Your Rights:

1. You have the right to remain silent. If you chose that right, say so out loud so the officer can hear you.
2. You have the right to refuse to consent to a search. This includes yourself, your passenger, your car or your home.
3. If you are not under arrest, you have the right to calmly leave.
4. If you are arrested, you have the right to a lawyer. You need to ask for one immediately.
5. You have constitutional rights, regardless of your immigration or citizenship status.

Your Responsibilities:

1. Do stay calm and be polite.
2. Do not interfere or obstruct the police.
3. Do not lie or give false documents.

What to Do During Police Searches

If law enforcement or immigration agents visit your home, you have the right to refuse entry unless they provide a valid search warrant. Check to make sure that the warrant is signed by a judge and specifies your address and the areas they are allowed to search and what they are searching for. Without this, you are not required to let them enter.

If You Are Arrested or Detained

Remain silent and ask for a lawyer. Do NOT discuss any details of the situation with law enforcement without a lawyer present. You have the right to make free local phone calls while you are in booking. NEVER discuss anything about your situation on the phone. They WILL record calls and use them against you. If you are calling a lawyer, the police should not listen or record the call.

EXAMPLE: DO NOT call your ex-girlfriend, who just had you arrested for a violation of a protection order. You will find yourself charged with not just one count but an additional count for violating the protection order because you had to call her.

After Your Encounter

If you feel your rights have been violated, make notes of the encounter as soon as possible, including officers' badge numbers and contact information for witnesses. You can file a complaint with the agency’s internal affairs division (OPD, Sheriff Office, LaVista, etc.) or with civil rights organizations if necessary (ACLU).

If you are taken into Immigration ("ICE") Custody

1. Tell the Agents that you will remain silent. You are NOT required to discuss your situation to them.
2. You have the right to talk to a lawyer. Although you have that right, the government does NOT have to provide one for you. If that is the case then ask for a list of free or low-cost legal services. You can also request to contact your consulate or have an officer inform the consulate of your arrest.
3. If you have documents from immigration, you may show them if requested, but DO NOT use false documents or give them misleading information.
4. Do NOT sign any documents without legal advice. If you sign a voluntary departure or stipulated removal, you may be giving up your opportunity to stay in the U.S.

For more details on each of these rights, check out the full guide on the ACLU Nebraska website: https://www.aclunebraska.org/en/know-your-rights/rights-with-law-enforcement

Sources:

ACLU Nebraska website: https://www.aclunebraska.org/en/know-your-rights/rights-with-law-enforcement