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What Rights Do I Have?
Every person in the U.S., citizen or non-citizen, has rights under the United States Constitution.
RIGHT TO REMAIN SILENT:
The Fifth Amendment gives every person the right to remain silent and refuse to answer questions or converse at all with police officers or other government agents. You cannot be legally punished for refusing to answer questions.
RIGHT TO BE FREE FROM UNREASONABLE SEARCHES & SEIZURES:
The Fourth Amendment prohibits “unreasonable searches and seizures”, and therefore restricts the government’s power to enter and search your home or workplace without your consent. If police or other agents want to search your person, bags, home, car, workplace, etc. ALWAYS tell police or other agents “I do not consent to a search” even if they might be legally allowed to search.
RIGHT TO SPEAK FREELY & ADVOCATE FOR SOCIAL CHANGE:
The First Amendment protects the rights of groups & individuals to self-expression - to speak and write freely; to assemble; and to advocate for social, political, and economic change without punishment. However, if you are a non-citizen, the Department of Homeland Security may target you based on your political activities.
Download a Know Your Rights Handbook
Multiple languages available
Disclaimer: This booklet and this Know Your Rights webpage is not a substitute for legal advice. You should contact an attorney if you have been visited by the FBI or other law enforcement officials. You should also alert your relatives, friends, co-workers and others so that they will be prepared if they are contacted as well.
Know Your Rights - A guide for protesters
The 2022 updated NLG Know Your Rights booklet is a more comprehensive version of our classic pamphlet, with more information for protesters at higher risk of being targeted by law enforcement. This resource is best to use in advance of an action or demonstration, to give you the kinds of info that will help you know your rights and risks. Because it is much longer than the original version, it may take longer to read.
This booklet was created by the National Lawyers Guild, in collaboration with the National Police Accountability Project, National Immigration Project of the NLG, and the Know Your Rights Camp, with material from the NLG Disability Justice Committee, NLG Mass Defense Committee, and NLG law student members.
Open the full PDF by clicking the cover image next to the text, or at this link.
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Scroll down to read more about your rights.
Standing Up for Free Speech, Resisting Government Repression
The government’s crusade against politically-active individuals is intended to disrupt and suppress people’s liberatory activities and challenges to injustice, and includes attacks on our exercise of free speech activities, such as boycotts, protests, grassroots organizing and solidarity work. Remember that you have the right to stand up to the intimidation tactics of FBI agents and other law enforcement officials who, with political motives, are targeting free speech activities and organizing. Informed resistance to these tactics and steadfast defense of your and others’ rights can bring positive results.
The National Lawyers Guild has a long tradition of standing up to government repression. The FBI labeled the Guild as “subversive” during the 1950’s McCarthy Era, and subjected the NLG to surveillance and infiltration for many years. Guild attorneys have defended FBI-targeted members of the Black Panther Party, the American Indian Movement, and the Puerto Rican independence movement. The NLG exposed the FBI’s movement surveillance, infiltration, and disruption tactics, called the Counterintelligence Program (COINTELPRO), and they were detailed during the 1975-76 COINTELPRO hearings. Watch documentary COINTELPRO 101.
Encounters With Police
or Other Government Agents
What if police officers, sheriff deputies, or police detectives come to my door?
Do not invite the officers into your home. Do not answer any questions.
You are not required to respond to someone at the door.
If you do respond, keep the door closed and ask, “Can I help you?” You do not have to answer their questions.
If you accidentally open the door, step outside CLOSING THE DOOR BEHIND YOU. Tell them, “I choose to remain silent. I want a lawyer present.” Get their contact information or business card “for my lawyer”, and return inside when they have left.
Officers legally should cease questioning after you tell them you choose to remain silent and want a lawyer present. But they may continue to hound you to talk. Firmly assert that you chose to remain silent and want to see a lawyer. (No lawyer will appear, but you should not speak to officers without a lawyer present.)
Anything else you say, no matter how seemingly harmless or insignificant, may be used against you or others in the future. The more you speak, the more opportunity for officers to get (and manipulate) information or find something you said (even if not intentionally) false and assert that you lied to an officer.
If the officer gives a reason for contacting you, write it down when they leave, and give the information to your attorney.
What if FBI, ICE, DEA, or other Federal Agents contact me?
What if an agent comes to the door?
(More about Immigration Agents below)
If federal agents come to your home or workplace, you do NOT have to answer the door.
You do not have to answer any questions.
Do not invite the agents in. Do not answer any questions.
If you respond to an agent at the door, keep the door closed and ask, “Can I help you?”
Tell the agent that you do not wish to talk with them. You can state that your lawyer will contact them on your behalf (even if you don’t have a lawyer yet.) Ask the agent to leave their business card.
If you are asked to meet with federal agents for an interview, you have the right to say you do not want to be interviewed. Tell the agent you want to speak to a lawyer first.
Agents should cease questioning after you tell them they can speak with your lawyer. Or they may continue to hound you to talk. Firmly assert that you choose to remain silent and want to talk with a lawyer. “I choose to remain silent. I want to see a/my lawyer.”
Anything else you say, no matter how seemingly harmless or insignificant, may be used against you or others in the future. Lying to federal agent is a crime. The more you speak, the more opportunity for law enforcement to get information from you or find something you said (even if not intentionally) false and assert that you lied to an officer.
If the agent or officer gives a reason for contacting you, take notes and give the information to your attorney.
Can agents or police enter or search my home or office?
You do not have to let police or agents into your home or office unless they produce a valid search warrant. If an officer comes to your door, do not open it. First, ask, “Can I help you?”
If officers want to come in, tell them “I do not consent to entry without a WARRANT. Do you have a warrant? I cannot let you in without a warrant.” Download this video clip called “Not Without a Warrant” or watch it in the ACLU Flex Your Rights film 10 Rules for Dealing with Police from 29.04 to 35.50.
If officers say they have a warrant: Ask them to slide it under the door or hold it up to the window so you can inspect it. Even if officers have a warrant, you have the right to remain silent.
A search warrant allows officers or agents to enter the address listed on the warrant, but they can only search the areas listed and for the items listed. An arrest warrant allows officers or agents to enter the home of the person listed on the warrant, if they believe the person is inside. Make sure any warrant has the correct information. Check that the warrant is signed by a judge, has your name on it and/or your address, and has a recent date. [Read more below about officers having a warrant]
Continue to remind the cops: I DO NOT CONSENT TO A SEARCH.
If they do not have a warrant: Tell them “I cannot let you in without a warrant, and I do not consent to a search.” Call a criminal defense lawyer or the NLG.
Be aware that a roommate or guest can legally consent to a search of your room or house if the officers or agents believe that person has the authority to give consent. Your employer can consent to a search of your workspace without your permission. Here is a sample door sign for your bedroom (from book “Beat the Heat” by Detroit-native attorney Katya Komisaruk). The sign tells officers that you do not consent to entry into your room.
Note: Officers without a warrant can enter your home or office if you “consent” to their entry. Many things, including silence, are often construed as consent. For this reason, make sure not to agree to their entry or do anything that might be construed as consent—such as opening the door. Continue to say “I do not consent to a search.”
What if agents or officers have a search warrant?
If you are present when agents or officers come for the search, you can ask to see the warrant. Check that the warrant is signed by a judge, has your name and/or address on it, and has a recent date. The warrant must specify in detail the places to be searched and the people or things to be taken away. If it is the wrong address, for instance, it is not a valid warrant.
Always tell the agents or officers “I do not consent to a search” so that they cannot go beyond what the warrant authorizes. Ask if you may watch the search; and watch if you are allowed. Take notes, including names, badge numbers, what agency each officer is from, where they searched, and what they took. If other people are present, ask them to act as witnesses to watch carefully what is happening. If the agents or officers demand you to give them documents, your computer, or anything else, look to see if the item is listed in the warrant. If it is not, say “I do not consent. I want to speak to a lawyer.” You do not have to answer questions. Talk to a lawyer first. “I choose to remain silent. I want to see a lawyer.”
Note: If agents present an arrest warrant, they are only permitted to perform a cursory visual search of the premises to see if the person named in the arrest warrant is present.
Do I have to answer questions?
NO. You have the constitutional right to remain silent and refuse to answer questions.
You do not have to talk to anyone, even if you have been arrested or are in jail. You should firmly and clearly state that you choose to remain silent and want to consult an attorney. “I choose to remain silent. I want to see a lawyer.” Once you make the request to speak to a lawyer, do not say anything else. The Supreme Court has ruled that answering law enforcement questions may count as you giving up your right to remain silent. Officers will often lie, try to scare you, or talk conversationally to get you to talk. Don’t fall in their trap. It is important that you assert your rights and stick with them.
Only a judge can order you to answer questions. There is one exception: some states have “stop and identify” statutes which require you to provide identity information or your name if you have been detained. A lawyer in your state can advise you of the status of these requirements where you reside. Michigan is not a “stop and identify” state.
Do I have to give my name?
If you are driving a motor vehicle, you are required to show ID.
In some states (not Michigan), you can be detained or arrested for merely refusing to give your name. Those are called “stop and identify” states.
In Michigan, if an officer approaches you on the street asking for your name, first calmly ask them “Am I free to go?” If the officer does not indicate that you must stay; or if they say that you are not detained, or if they say you are free to go, or that they are just trying to be friendly, you can calmly walk away. If the officer says you are detained or indicates that you should not go anywhere, you are being detained. When you know that you are detained and not free to go, you may choose to give your name. Then immediately say, “I choose to remain silent. I want to see a lawyer.” And remain silent.
Note: In any state, police do not always follow the law, and refusing to give your name may make them more hostile and lead to your arrest, even without just cause, so use your judgment. Do not give a false name.
Do I need a lawyer?
You have the right to talk to a lawyer before you decide whether to answer questions from law enforcement. It is a good idea to talk to a lawyer if you are considering answering any questions. You have the right to have a lawyer present during any questioning or interview.
The lawyer’s job is to protect your rights. Once you tell an officer or agent that you want to see or talk to a lawyer, they should stop trying to question you. They should make any further contact through your lawyer.
If you do not have a lawyer, you should still tell the officer “I want to see a lawyer before answering questions.”
Try to get the name, agency, and telephone number of any officer, agent, or investigator who visits you, and give that information to your lawyer.
The government does not have to provide you with a free lawyer unless you are charged with a crime, but the NLG or another organization may be able to help you find a lawyer for free or at a reduced rate.
If I refuse to answer questions or say I want a lawyer, won’t it seem like I have something to hide?
Maybe, but it doesn’t matter. Refusing to answer questions and saying you want a lawyer is your right. So is saying that you do not consent to a search. Anything else you say to law enforcement can be used against you and others.
You can never tell how a seemingly harmless bit of information might be used or manipulated to hurt you or someone else. That is why the right not to talk is a fundamental right under the Constitution.
Keep in mind that although law enforcement agents are allowed to lie to you, you lying to an officer or government agent is a crime. Remaining silent is not a crime. The safest things to say are “I choose to remain silent”, “I want to see a lawyer,” and “I do not consent to a search.”
It is a common practice for police or government agents to try to get you to waive (give up) your rights by telling you that if you have nothing to hide you would talk, or that talking would “just clear things up.” The fact is, if they are questioning you, they are looking to incriminate you or someone you may know, or they are engaged in political intelligence gathering. Even if it feels awkward, stand firm in protection and defense of your rights and refusing to answer questions.
Are police or government agents allowed to lie to me?
YES. Police and government agents are allowed to lie and are trained to lie. They can even lie about whether they are officers or not. They can do drugs, even if they are officers. They can and will lie about your rights.
Do I have to answer questions if I have been arrested?
NO. If you are arrested, you should not answer any questions. You should clearly and firmly say, “I choose to remain silent. I want to see a lawyer.” Do not say anything else. Repeat this to every officer that tries to talk to or question you. You should always talk to a lawyer before you decide to answer any questions. Even if you don’t have access to a lawyer, you should continue to assert “I choose to remain silent. I want to see a lawyer.”
Don’t talk to the police about anything, not even “safe” topics like the weather or sports or movies. Don’t ask simple questions. Don’t make small talk. Don’t make jokes. Silent really means silent.
What if I speak to police or government agents?
Even if you have already answered some questions, you can refuse to answer other questions until you have a lawyer. If you find yourself talking, stop. Even if it is awkward, interrupt yourself and assert: “I choose to remain silent. I want to see a lawyer.”
ARRESTED and asserting your rights:
Once you say “I choose to remain silent. I want to see a lawyer,” the police are not allowed to question you—but you actually have to remain silent. When you are in custody, you can’t talk to the police about anything, not the weather or sports or movies. You can’t ask simple questions, like “When do I get my phone call?” Don’t make small talk. Don’t make jokes. Silent really means silent.
The only exception to remaining silent is giving your name and address (preferably an address local to the city/county where you were arrested). You usually must provide that information once at the jail if you want to be released on a “promise to appear.” A Promise (or Agreement) to Appear is a document, usually a ticket, telling you when to come to court. It is also the only thing you should sign. Do not give any other information, such as your social security number, the names of family members, employment data, etc. You do not need to sign a property receipt, a statement, or any other paperwork, nor should you answer other questions.
This is important because one of the most effective police interrogation techniques is to relax the subject by posing safe, normal questions—the kind that come up on countless forms and applications. The cop will seem bored and business-like, just “getting through all the paperwork.” An experienced officer will then move very gradually into questions about the people and incident under investigation, without any pause or change of tone. So don’t let them get you on a roll, obediently answering “safe questions.” Instead, mentally rehearse exactly what information you’re going to give: you’re going to say only your name and address, nothing else. If you don’t set that limit ahead of time, you’ll find yourself answering all sorts of questions, some of which are bound to hurt.
If you’ve been arrested and you break your silence to give your name and address, immediately follow-up with the Magic Words: “I choose to remain silent. I want to see a lawyer.” This restores your constitutional protection, making it illegal for the police to question you further.
What if the police stop me on the street?
Ask “Am I free to go?” If the answer is yes, consider calmly walking away.
If the police say you are not free to go, then you are being detained. When detained, the police can pat down the outside of your clothing to check for weapons. Do not interfere with their pat down, but say clearly, “I do not consent to a search” to prevent them from searching beyond what they are allowed to do. They may keep searching anyway. If this happens, do not physically resist because you can be charged with assault or resisting arrest. Simply repeat, “I do not consent to a search.” You do not have to answer any questions. You do not have to open bags or any closed container. Tell the officers you do not consent to a search of your bags or other property.
What if police or agents stop me in my car?
Keep your hands where the police can see them. If you are driving a vehicle, you must show - when asked- your license, registration and, in some states, proof of insurance. Whether or not the police may have legal grounds to search your car, clearly state “I do not consent to a search.” Officers may separate passengers and drivers from each other to question them, but no one has to answer any questions.
What if I am treated badly by the police or federal agents?
Write down the officer’s badge number, name, or other identifying information. You can ask the officer for their name or badge number. Try to find witnesses and their names and phone numbers. If you are injured, seek medical attention and take pictures of the injuries as soon as you can. Call a lawyer as soon as possible.
GRAND JURIES Learn about Grand Juries and Grand Jury Resistance HERE
What if I receive a grand jury subpoena?
Grand jury proceedings are not the same as testifying at an open court trial. You are not allowed to have a lawyer present (although one may wait in the hallway and you may ask to consult with them after each question) and you may be asked to answer questions about your activities and associations. Because of the witness’s limited rights in this situation, the government has frequently used grand jury subpoenas to gather information about activists and political organizations. It is common for the FBI to threaten activists with a subpoena in order to elicit information about their political views and activities and those of their associates. There are legal grounds for stopping (“quashing”) subpoenas, and receiving one does not necessarily mean that you are suspected of a crime. If you do receive a subpoena, call your local NLG Chapter, or call a criminal defense attorney immediately.
The government regularly uses grand jury subpoena power to investigate and seek evidence related to politically- active individuals and social movements. This practice is aimed at prosecuting activists and, through intimidation and disruption, discouraging continued activism.
In 2020, the National Lawyers Guild passed this Resolution on Non-Collaboration with Grand Juries at our annual Law for the People Convention.
Federal grand jury subpoenas are served in person. If you receive one, it is critically important that you retain the services of an attorney, preferably one who understands your goals and, if applicable, understands the nature of your political work and why it is being targeted and has experience in dealing with these kinds of issues.
Most lawyers are trained to provide the best legal defense for their client, often at the expense of others. Beware lawyers who summarily advise you to cooperate with grand juries, testify against friends, or cut off contact with your friends and political activists. Cooperation usually leads to others being subpoenaed and investigated. You also run the risk of being charged with perjury, a felony, should you omit any pertinent information or should there be inconsistencies in your testimony. Frequently prosecutors will offer “use immunity,” meaning that the prosecutor is prohibited from using your testimony or any leads from it to bring charges against you. If a subsequent prosecution is brought, the prosecutor bears the burden of proving that all of its evidence was obtained independent of the immunized testimony. You should be aware, however, that they will use anything you say to manipulate your associates into sharing more information about you by suggesting that you have betrayed confidences.
If you appear before the grand jury, you do not have the same protections as in a trial. You have no Fifth Amendment right to remain silent (if you invoke your right to remain silent you may be held in contempt) and no Sixth Amendment right to counsel, although you can consult with one outside of the grand jury room.
Grand jury non-cooperation
If you receive a grand jury subpoena and elect to not cooperate, you may be held in civil contempt. There is a chance that you may be jailed or imprisoned for the length of the grand jury in an effort to coerce you to cooperate. Regular grand juries sit for a basic term of 18 months, which can be extended up to a total of 24 months. It is lawful to hold you in order to coerce your cooperation, but unlawful to hold you as a means of punishment. In rare instances you may face criminal contempt charges.
IMMIGRATION ISSUES Watch NLG “We Know Our Rights” videos HERE.
What If I Am Not a Citizen and DHS Contacts Me?
The Department of Homeland Security includes three agencies related to immigration: United States Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP). All three bureaus will be referred to as DHS for the purposes of this description.
• ASSERT YOUR RIGHTS. If you do not demand your rights or if you sign papers waiving your rights, the Department of Homeland Security (DHS) may deport you before you see a lawyer or an immigration judge. Never sign anything without reading, understanding and knowing the consequences of signing it.
• TALK TO A LAWYER. If possible, carry with you the name and telephone number of an immigration lawyer who will take your calls. The immigration laws are hard to understand and there have been many recent changes. DHS will not explain your options to you. As soon as you encounter a DHS agent, call your attorney. If you can’t do it right away, keep trying. Always talk to an immigration lawyer before leaving the U.S. Even some legal permanent residents can be barred from returning.
Based on today’s laws, regulations and DHS guidelines, non- citizens usually have the following rights, no matter what their immigration status. This information may change, so it is important to contact a lawyer. The following rights apply to non-citizens who are inside the U.S. Non-citizens at the border who are trying to enter the U.S. do not have all the same rights.
Do I have the right to talk to a lawyer before answering any DHS questions or signing any DHS papers?
Yes. You have the right to call a lawyer or your family if you are detained, and you have the right to be visited by a lawyer in detention. You have the right to have your attorney with you at any hearing before an immigration judge. You do not have the right to a government-appointed attorney for immigration proceedings, but if you have been arrested, immigration officials must show you a list of free or low cost legal service providers.
Should I carry my green card or other immigration documents with me?
Yes, if you have documents that allow you to reside and work in the U.S., you should carry those documents with you at all times. Do not carry false or expired papers because any use of those documents may lead to deportation or criminal prosecution. Always keep a copy of your immigration papers with a trusted family member or friend who can fax or email them to you, if need be. Check with your immigration lawyer about your specific case.
Am I required to talk to government officers about my immigration history or status?
No. Regardless of your status - undocumented, out of status, a legal permanent resident (green card holder), or a citizen - you do not have to answer questions about your immigration history or status, or any other questions. If you have a lawyer, you can tell the agent that the lawyer will answer questions on your behalf.
Never say where you were born, where you are from, or your immigration status.
If I am arrested for immigration violations, do I have the right to a hearing before an immigration judge to defend myself against deportation charges?
Yes. In most cases only an immigration judge can order you deported. But if you waive your rights or take “voluntary departure,” agreeing to leave the country, you could be deported without a hearing. If you have criminal convictions, were arrested near the border, came to the U.S. through the visa waiver program or have been ordered deported in the past, you could be deported without a hearing. Contact a lawyer immediately to see if there is any relief for you.
Can I call my consulate if I am arrested?
Yes. Non-citizens arrested in the U.S. have the right to call their consulate or to have the police tell the consulate of your arrest. The police must let your consulate visit or speak with you if consular officials decide to do so. Your consulate might help you find a lawyer or offer other help. You also have the right to refuse help from your consulate.
What happens if I give up my right to a hearing or leave the U.S. before the hearing is over?
You could lose your eligibility for certain immigration benefits, and you could be barred from returning to the U.S. for a number of years. You should always talk to an immigration lawyer before you decide to give up your right to a hearing.
What happens if I give up my right to a hearing or leave the U.S. before the hearing is over?
Always talk to a lawyer before contacting DHS, even on the phone. Many DHS officers view “enforcement” (i.e., arrest, detention, deportation) as their primary job and will not explain all of your options to you.
