at your doorstep

All Americans have the constitutional right of due process and to be politically active. CAIR-NJ has received concerning reports that FBI agents and local law enforcement officers are questioning the Palestinian, Arab, and Muslim community, and possibly others, regarding the ongoing Israeli war on Gaza. It’s important to protect yourself and learn what your rights are when speaking with law enforcement. 
 
This serves as a guide for individuals and does not constitute legal advice. If you are being contacted by federal or local authorities for voluntary questioning, or you believe your rights have been violated, request help from CAIR-NJ.

If the FBI or Police is at your doorstep, take these first steps: 

  • Ask for a search or arrest warrant signed by a judge. If they do not have a valid warrant, you do not have to let them into your home. Speak through the closed door or open it only slightly if you choose. 

They can enter without consent only in the following circumstances: 

    • You are on probation with a search condition. 
    • There is an emergency, such as a person screaming for help inside your home or the police are chasing someone. 
  • Confirm the name and address of the person they are trying to contact. Do not answer questions about yourself or anyone else. 
  • Exercise your right to remain silent.  

You can say: “I am exercising my right to remain silent. I want to speak with an attorney before answering any questions.” 

Remember, you do not need to answer questions about: 

  • Your religion 
  • Political beliefs 
  • Organizational memberships 
  • Donations 
  • Travel 
  • Immigration status 
  • Other personal matters 

outside of home

If you are stopped on foot: 

  • You do not have to answer any questions, but providing your name, address, and age if asked (and ID if you are being given a citation) may help you avoid arrest. 
  • Never give any false information – lying to the police can lead to serious consequences. 
  • The police may “pat down” your clothing if they suspect a concealed weapon. Do not physically resist, but tell them politely, “I do not consent to a search.” 
  • Ask the officer, “am I free to leave?”  If the officer says yes, calmly walk away. 
  • Do not argue with the officer, or run away, even if you believe that what is happening is unfair.  This could lead to your arrest. 

 

If you are pulled over in a car: 

  • Upon request, show your driver’s license, registration, and proof of insurance. 
  • Sign your ticket if you are given one, and contact the court by the date on the ticket.  The police may not search your car without a warrant unless they have probable cause.   

 

In these instances you can calmly say, 

  • “I do not consent to a search” 
  • “I do not wish to speak without an attorney. Can I please have your business card?” 

 

Things You Should Know for Any Confrontation 

  • You always have the right to remain silent. 

You are not obligated to answer questions from an FBI agent. Your refusal to talk to the agent may not be used against you. If you say, “I want to speak to a lawyer and to remain silent.” 

  • You always have the right to request an attorney’s assistance. 

You should refuse to answer questions until you have had a chance to speak with an attorney. Even if you have already started talking, you can stop at anytime.  Tell the agent you do not want to answer any more questions without a lawyer present. 

  • Tell the truth, or remain silent. Lying is a crime. 

It is a felony to make a false statement to an FBI agent if it is related to an investigation, even if the false statement was unintentional. 

Sometimes, forgetting your dates of travel or when you last met or spoke with a particular individual can be used against you as a basis for prosecution. An attorney will work with you to make sure this doesn’t happen. 

  • Asking for an attorney does not make you more suspicious. 

Some people mistakenly believe they can prove they are innocent by speaking to the FBI. This is extremely risky. The FBI has undermined community trust through over a decade of racial profiling, surveillance, informant recruitment, and other abuses in Muslim communities since 9/11. 

You should speak to an attorney before speaking to the FBI. An attorney can assess the facts of your situation and advise you on the best way forward. If you speak to the FBI without legal assistance, you could expose yourself or your friends and family to harm. 

  • You are not necessarily in trouble. 

Just because an FBI agent has contacted you does not necessarily mean that you have done anything wrong or that you are under investigation. The FBI has been known to target Arab, Muslim, Middle Eastern, and South Asian communities for questioning, even when there is no suspicion of a crime. But you should still take care to protect your rights. 

  • Don’t talk about your religious and political views. 

You are not required to discuss your political and religious beliefs. 

If you find yourself speaking to the FBI without a lawyer, it’s okay to stop the conversation and say,  
“I will take your card. I will have my lawyer follow up with you.” 

 

fbi pocket guide

To request a physical copy of the FBI Pocket Guide for free, please contact info@nj.cair.com and include “FBI Pocket Guide” in the message subject.

access our general know your rights guide online

Including information on law enforcement encounters

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