Student Rights

STUDENTS KNOW YOUR RIGHTS:
WHEN QUESTIONED BY LAW ENFORCEMENT PERSONNEL

WHAT TO DO IF YOU ARE QUESTIONED:

Law enforcement officers may ask questions of anyone, whether they suspect them of a crime or not. However, YOU ARE UNDER NO OBLIGATION TO ANSWER THEIR QUESTIONS, nor may they force you to stay and answer questions or go with them unless they are prepared to arrest you.
You have a right to refuse to answer questions, but DO NOT GIVE FALSE INFORMATION (which is a crime).
If you are operating a motor vehicle, you must produce a driver's license if asked. Otherwise, a law
enforcement agent cannot demand identification unless he or she has a reasonable suspicion that you have
committed a crime.
It is illegal for a law enforcement officer to arrest you without probable cause to believe that you have
committed a crime.
It is illegal for a law enforcement officer to search you without probable cause.
Officers may conduct a pat-down search of your person for concealed weapons when they have a
reasonable suspicion that you are or have engaged in criminal activity and may be armed.
They may not conduct a more thorough search of your person unless you are under arrest. They may not
search your car or your dwelling without your consent or a search warrant. You are under no obligation to
give your consent.

WHAT TO DO IF YOU ARE ARRESTED:

DO NOT RESIST even if you believe you are innocent. It may lead to more criminal charges.
THINK BEFORE YOU SPEAK OR ACT.
Law enforcement agents may search for weapons in areas of your home or car that are under your
immediate control. YOU MAY WITHHOLD CONSENT FOR SEARCHES outside that immediate area. Any
evidence obtained in a search with your permission may be used against you in court.
You are entitled to phone your family, friends or attorney to tell them about your arrest.
YOU HAVE THE RIGHT TO REMAIN SILENT, completely or to answer some questions and not others.
YOU HAVE THE RIGHT TO SPEAK WITH AN ATTORNEY .
Before questioning you after your arrest, police must inform you:

of your right to remain silent; that any statement you make may be used as evidence against you; that you have the right to an attorney before and during questioning, if you so choose; that if you cannot afford an attorney, one will be appointed to you without charge. At any time, before during or after questioning, you may elect to request an attorney. The law enforcement officers must then wait until the attorney arrives before continuing questioning.

IF YOU ARE NOT A U.S. CITIZEN:

New regulations have been adopted that allow the United States Justice Department ( the Immigration and Naturalization Service (INS) and the Federal Bureau of Investigation (FBI) ) to detain non-citizens
indefinitely during a national emergency. Normally, a non-citizen may only be detained for 24 hours
(expandable to 48 hours) without immigration charges being filed. Even under the present circumstances,
the INS or FBI must have some justification for holding someone longer. If you are detained by the INS or
the FBI because of your immigration status (not arrested for a crime), you have the right to:

Call your consulate or have the police inform your consulate of your detention; Receive a visit from your consulate; Speak to an attorney before answering any questions and to be represented by an attorney (though for immigration matters, you do not have the right to a free, government- paid attorney); A hearing before an immigration judge; Request release from detention by paying a bond, if necessary