YOUR RIGHTS WHEN YOU ARE
The material provided on the
211 eLibrary is for informational purposes
only. It is not intended to be and should not
be construed as legal advice.
The following includes excerpts
To Do If You're Stopped By The Police,
Immigration Agents or the FBI” by the
American Civil Liberties Union.
WHAT ARE YOUR RIGHTS WHEN
YOU ARE ARRESTED?
In the United States, anyone who
is arrested has certain rights under the U.S.
Constitution. These rights were outlined by the
U.S. Supreme Court in the case of Miranda v.
Arizona: " …the person in
custody must, prior to interrogation, be clearly
informed that he has the right to remain silent,
and that anything he says will be used against
him in court; he must be clearly informed that
he has the right to consult with a lawyer and to
have the lawyer with him during interrogation,
and that, if he is indigent, a lawyer will be
appointed to represent him." A law officer
making an arrest will read a statement based on
this rule, which is usually called "reading your
rights" or "Miranda rights". If the police fail
to advise you of your rights, any statements you
make could be excluded if you were put on trial.
HOW TO BEHAVE WHEN YOU ARE
If a law officer places you under
- Do not argue or resist arrest.
Stay calm and be polite. If you are present
when someone else is being arrested, do not
interfere with the police, as this may result
in your being arrested.
- If you feel that your rights
have been violated, do not complain to the
arresting officer. You can make a formal
complaint later, with the police department’s
internal affairs division or civilian
WHERE TO GET MORE INFORMATION
The American Bar Association's
of Arrested Persons.
SOURCES: What To Do
If You’re Stopped By The Police, Immigration
Agents or the FBI, American Civil
Liberties Union; MIRANDA
V. ARIZONA 384 U.S. 436, U.S. Supreme
PREPARED BY: 211/kq
CONTENT LAST REVIEWED: April2013