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Your
Rights and the Police
If you are stopped
by the police...
* You must show
identification if you are stopped while driving or if you are in a
place that sells alcoholic beverages. At any other time, you cannot be
legally arrested for failing to present identification to a police
officer. However, you may be asked to state your name, age, and
address.
* Remember, if
you are a Lawful Permanent Resident or Resident Alien, you must have
your alien registration card with you at all times.
* If stopped while driving, you must show the officer your driver
license, vehicle registration, and proof of auto insurance, but you do
not have to answer any questions without a lawyer present.
* If you are stopped, you can ask if you are being detained. If not,
you are free to go. (However, you should never run from a police
officer. It is better to be safe, and to contest the illegal stop
later.)
* Do not try to physically resist the police if they try to detain
you.
* The police may search your body without your consent for firearms or
other dangerous weapons. You should make clear that you do not consent
to a full search of your person. (Again, if they ignore you, do not
try to resist them physically.)
* Police may search your car, even without a search warrant, if they
have "probable cause" to think the car or driver is involved in a
crime.
* Generally, police may not search your home without a search warrant.
If the police tell you they have a search warrant, ask to see it.
Make it clear that you do not consent to a search without a warrant.
* If the police take things from you while searching your home or car,
they must give you a receipt for whatever they take.
* If you get a ticket, promptly follow the instructions for payment
or appeal the ticket. If you fail to answer the ticket within the time
allowed, you might be arrested.
* If the police suspect that you are driving while intoxicated (or
under the influence of a controlled substance) and you refuse a
breathalyser test, your driver license may be immediately suspended.
* If you are detained by the police, do not explain yourself to the
police, or make excuses. If you do, these explanations may be used
against you in court! Immediately ask to speak to an attorney, and
tell the police you will not answer any questions unless your attorney
is present.
* If you are being held for a crime that might cause you to be
imprisoned, you have the right to a court-appointed lawyer.
* If you have contact with the police which you think was unjustified
or simply want more information about your rights, please contact
Farmworker Legal Services.
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Information, Not Legal
Advice. We are providing this information as a public
service. We try to make it accurate as of the date noted in the
materials. Sometimes the laws change. We cannot promise that this
information is always up-to-date and correct.
We do not intend this information to
be legal advice. By providing this information, we are not acting
as your lawyer. If you need legal advice, you should contact a
lawyer through your local legal aid organization. Always talk to a
competent lawyer, if you can, before taking legal action.
E-mail. Viewing
this web site, or sending an e-mail message to the Michigan Poverty
Law Program or other legal organization through this web site, does
not create an attorney-client relationship between the Michigan
Poverty Law Program or other organization and you. Sending e-mail
to an attorney mentioned in this site does NOT create an
attorney-client relationship between you and the attorney.
Unless you are already a client, your e-mail may NOT be
protected by the attorney-client privilege. Also, unless it is
encrypted, e-mail can be intercepted by other people.
Deadlines are extremely important in most legal matters.
You may lose important legal rights if you do not obtain an attorney
immediately to advise you. Many people do not check their e-mail
daily, and some attorneys do not respond to unsolicited e-mail.
Lawyer Advertising. This
web site is not intended to be advertising or
solicitation. Hiring a lawyer is an important decision that should
not be based on advertisements. Before hiring an attorney, you
should investigate his or her reputation and qualifications.
Links. Some of the items
listed here have not been prepared by us, but are instead "links" to
information prepared and posted by others. We cannot guarantee the
accuracy of information posted on other sites. The links are not
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with the people who created those sites, nor are the links intended
to imply that we are legally authorized to use any trade name,
registered trademark, logo, legal or official seal, or copyrighted
symbol that may be reflected in the links. |
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