Being stopped by police is a stressful experience, especially if you do not know your rights. The ACLU of Alaska has resources to help you navigate interactions with police, law enforcement, and immigration and customs enforcement (ICE).
The following scenarios cover various examples of interactions with law enforcement and what you can say and should not do during the exchange.
A police officer stops you on the street
- You do not have to answer any questions asked by the officer stopping you.
- In Alaska, you do not have to provide your name to an officer.
- Say, "I do not want to talk to you," and walk away calmly.
- Ask, "Am I free to leave?"
- If the officer says "yes," you should walk away calmly.
- If the officer says "no," you are being detained.
A law enforcement officer detains you
- You are not being arrested. Being detained is not the same as being arrested.
- The police can pat down the outside of your clothing only if they have 'reasonable suspicion that you might be armed and dangerous.
- If they search more than this, clearly state, "I do not consent to a search."
- Do not physically resist.
- You still do not have to answer any questions. In Alaska, you do not have to provide your name.
A law enforcement officer pulls you over
- In this situation, you must provide your driver's license, registration, and proof of insurance when asked.
- Officers can ask the driver and passengers to step out of the car and separate them.
- Neither the driver nor the passengers have to answer any questions.
- An officer cannot search your car unless you consent or have probable cause to believe that criminal activity is taking place, there is evidence of crime in your vehicle, or you have been involved in a crime.
- Clearly say, "I do not consent to a search."
- Officers cannot use your refusal to consent as probable cause.
An officer comes to your door
- You do not have to open the door right away.
- Through the door, ask to see a warrant, either through a window or peephole or by the officer slipping in under the door.
- If they do not have a warrant, do not open the door or say anything to them other than "I do not want to talk to you."
- If you must open the door, step outside to talk to the officer and shut the door behind you.
- Once you consent, they do not need a warrant, so make it clear that you do not consent to them coming inside.
- If there are any defects in the warrant (it doesn't have your name, address, judge's name and signature), tell the officers there is a defect, and you do not consent to a search. Do not physically resist.
- Call your lawyer immediately and ask if you can watch the search. Write down badge numbers, officers' names, where they searched, and what they took. If others are present, have them observe as witnesses.
You are arrested
- Stay calm
- Do not physically resist
- You have the right to remain silent. You should affirmatively state this right by saying, "I'm choosing to remain silent."
- Ask to see a lawyer immediately. If you cannot afford a lawyer, one will be appointed to you. Say, "I want my lawyer immediately." Don't say anything else after you say you're remaining silent and want your lawyer until your attorney shows up.
- If officers continue to question you, keep repeating, "I am choosing to remain silent, and I want my lawyer." Do not answer their questions without your lawyer present.
- You have the right to make a phone call. Officers may not listen in if your phone call is to your lawyer. If your call is to anyone else, they can and are likely to listen to your call.
- You have the right to be taken before a judge within 48 hours of your arrest.
Non-citizens have constitutional rights, including the right to remain silent and not to be subject to unreasonable search and seizure.
Interacting with ICE
- Immigration Officers can require non-immigrants to provide information on their immigration status. This only applies to immigration officers; police officers cannot ask for this.
- Do not show fake documents.
- Do not claim to be a U.S. citizen if you are not.
- You have the right to remain silent in criminal matters.
- Ask to speak with your attorney.
An ICE officer comes to your work
- You have the right to remain silent. State, "I choosing to remain silent."
- You do not have to tell them where you were born.
- Do not run away.
- You can ask if you are being detained. If you are not being detained, calmly leave.
An ICE officer comes to your home
- You do not have to open the door right away.
- Through the door, ask to see a warrant, either through a window or peephole or by the officer slipping in under the door.
- If they do not have a warrant, do not open the door or say anything to them other than "I do not want to talk to you."
- A judge must sign a warrant, not a deportation officer. See an example of a Judicial Warrant below.
- You do not have to consent to a search.
- You have the right to speak to a lawyer.
Interacting with Customs and Border Protection (CBP) at an airport or border
- At airports, law enforcement can ask you about your immigration status
- You cannot be questioned because of your race, gender, religious or ethnic background.
If you are arrested by ICE or CBP
- If you fear persecution in your home country, tell ICE or CBP officers and repeatedly state, "I am afraid for my life and face persecution at home."
- Do not sign a Stimulated Removal Order or Voluntary Departure.
- You have the right to speak with an attorney.
- You should know your Alien Registration Number and ensure your family can access it.
If you feel like law enforcement officers violated your rights, you should
- Write down everything that happened as soon as you can. If there were witnesses to what happened, have them write down what they said and heard.
- Ask officers for their names and badge numbers. You have the right to ask for this information.
- If you are injured, seek medical attention and take photos of any visible injuries.
- Call a lawyer and write a complaint to the law enforcement agency the officers belong to.
If you are seeking legal assistance from the ACLU of Alaska, please read our guidelines and file a complaint through our online form.
The Alaska Institute for Justice provides consultations and legal representation in matters including survivors of domestic violence, family-based immigration, applications for Lawful Permanent Residence, naturalization/citizenship, Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), asylum, removal/deportation defense, criminal consultations. Learn more about Alaska Institute for Justice services here.
