Know Your Rights: Encountering Law Enforcement and Military Troops in Oregon

• Always remain calm and never physically resist or obstruct law enforcement. Keep your hands visible.

• You may ask if you are free to leave at any point in your interaction. Say, “Am I free to go?” If the answer is “yes,” you are free to walk away. If the answer is no, you have been stopped and must remain where you are until you have been told that you are free to go.

• You do not have to answer a government official's questions except if you are stopped for certain traffic, parking, or pedestrian offenses, when you must provide your name and address if asked. There are additional considerations worth keeping in mind if you are not a citizen, discussed below. Outside these settings, if you don’t want to answer a question, say, “I want to remain silent.”

• Government officials cannot detain you without reasonable suspicion that you have or are about to commit a crime or are in the process of doing so.

• Take mental notes about what’s happening—including on what occurred before you were stopped, what the official says and does while you are stopped, and whether anyone is documenting what occurred—so you can tell a lawyer if you think your rights were violated.

• If an official asks to search you or your belongings, you have the right to say no, but do not obstruct access. The official may have lawful authority to conduct the search anyway. If the official begins conducting a search, say clearly: “I do not consent to a search.”

• Remember you do not have to unlock your phone or give government officials your password without a warrant. For additional security, turn off biometric identification such as Face ID.

No matter what uniform they wear, federal agents and military troops are bound by the Constitution, including our rights to peaceful assembly and due process.

• Do not lie about your citizenship status, your name, or provide false documents.

• Generally, you have the right to remain silent and do not have to discuss your immigration or citizenship status (or anything else). It’s important to note that if you invoke this right and/or do not have the proper papers, an immigration officer might detain you for longer to verify your citizenship status.

• If you are not a U.S. citizen, the law may require you to carry specific immigration documents for your specific immigration status and provide them when a government official requests your immigration papers.

• Official identification from a country besides the United States does not establish your right to be in the United States and may cause government officials to view you with greater suspicion.

• Carry with you evidence of having been in the U.S. for longer than two years, such as mail that you have received at your home address with a postmark or a signed lease as these may help reduce the risk of being put in a deportation process without the ability to argue your case.

• For more information about specific immigration statuses, and what documentation is required to be carried by a person with that status, you should consult an attorney.

• Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window partway, and place your hands on the wheel.

• Upon request, show the official your driver’s license, registration, and proof of insurance.

• Both drivers and passengers have the right to remain silent (though keep in mind the advice in the prior section concerning questions about immigration status). If you’re a passenger, you can also ask if you’re free to leave. If the official says yes, you may calmly leave.

• If an official asks to search your car, you can refuse by saying” I do not consent to a search.” But if the official reasonably believes your car contains evidence of a crime or has a valid safety reason, the official can search the car without your consent.

• There are limits on the kinds of checkpoints that the government can conduct.

• Generally speaking, government officials operating a check point must have a stronger suspicion of criminal activity in order to search your car than they do in order to stop your car and ask you questions.

• If an official asks you questions at a check point, you have a right to remain silent (but, again, keep in mind the specific advice above about immigration questions).

• If an official asks for your permission to search your vehicle, you may clearly and calmly state to the official that you do not consent. This will limit the official’ ability to conduct a search, though in some circumstances they may have legal authority to do so anyway.

• You don’t have to let them in unless they have a warrant signed by a judge or in limited situations when there are emergencies.

• Even if officials have a warrant, you may remain silent.

• If you are under arrest, you may exercise your right to remain silent and ask for a lawyer— no matter your citizenship or immigration status (though keep in mind the advice in the prior section concerning questions about immigration status).

• If you want to invoke these rights, you should say “I want to remain silent” and “I want to speak with a lawyer” and then, refrain from answering any questions or signing any documents unless you have a lawyer present.

• You can ask for a phone call, but the government officials might refuse. Be aware that calls to people other than your attorney are monitored and often recorded

• These same principles generally apply if you are taken into immigration custody. However, unlike instances where you are arrested for a crime, if you are detained for an immigration violation, the government does not have to pay for an attorney to represent you. Still, the government must allow you to consult with an attorney if you can find one who will represent you; the government must also give you a list of low cost or free attorneys if you ask.

• If you are taken into immigration custody, you also have the right to contact your consulate or have an officer inform the consulate of your arrest.

Talking to Someone About Their Rights

• You have the right to talk about and publicize truthful information that you obtain lawfully, including about what law enforcement officers are doing and where they are doing it.

• You have the right to tell people their legal rights. Telling people about their legal rights includes identifying people’s rights and explaining them, offering practical advice about one’s demeanor when interacting with law enforcement, and suggesting specific words one can say to invoke one’s rights or to understand whether one is under arrest. Unless you are a lawyer, you cannot give legal advice and should not hold yourself out as giving legal advice.

• When you are lawfully present in a public space, the First Amendment generally protects your right to photograph or film anything in plain view, including federal buildings and law enforcement. But you should not interfere with the actions of the government officials you are recording.
• On private property, the owner may set rules about photography or video recording. If asked to leave by the property owner, you may move to a public space nearby.
• Law enforcement may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances. However, they may order you to move a reasonable distance away from them to avoid obstructing their work. If you think a command is unlawful, it is safest to follow the order, document the interaction, and challenge it later.

You can document federal actions. If you witness ICE activity, you can report it to the PIRC hotline at 1-999-622-1510. If you witness potential unlawful police or military activity, you can share it with the ACLU of Oregon legal team by filling out the form at https://intake.aclu-or.org/. Please share only confirmed factual details either to reporting channels or online so that you avoid spreading rumors and fear. 

A popular documentation acronym to remember is SALUTE:

SIZE: How many officers/troops and/or vehicles do you see?

ACTIVITY: What, specifically, are they doing that’s possibly unlawful? (e.g. excessive force, making arrests, surveilling people, engaging people of only one race, operating like local police with no apparent federal reason like protecting a federal building,etc.)

LOCATION: What address, cross streets, or landmark are they operating at (the more specific the better)?

UNIFORM: What are they wearing? Note unique emblems or logos, the nature and color of the clothing, any names or numbers, whether they are hiding their faces, etc. 

TIME: What date and time did you observe them?

EQUIPMENT: What guns, weapons, technology, or devices do they appear to be carrying or utilizing? Be aware that some devices may be operated remotely (e.g. drones) so take note of manual and unmanned devices.

• You can ask for officers’ names and badge numbers, as well as who to call if there are follow-up questions. If possible, write these down, along with any other relevant observations.

• Take note of any orders given or announcements made. If there is a dispersal order, after leaving the area, try to write down what happened. Important facts include: what was going on before the dispersal order was given, the time you heard the order, how many times you heard it, what exactly was said, how audible it was, how it was given, how to leave the area, any barriers to leaving the area that may exist (including for people who may have disabilities) and any other orders you heard.