San Diego Criminal Lawyers Blog
Aggressive ICE tactics toward people who are in their vehicles have been hitting the news of late, oftentimes with disturbing video and witness commentary. We have observed officers blocking vehicles with their often-unmarked SUVs, smashing through car windows, dragging people from their cars, and, worse yet, shooting into vehicles. It has America feeling out of sorts, to say the least, and merits a review of the rights we all have—citizen or not–when it comes to being approached by ICE agents while in a vehicle.
As ICE Approaches
Immigration Customs Enforcement (ICE) officers have been observed swarming a vehicle, which surprises and overwhelms motorists. Even though a situation like this may be alarming, it’s wise to remain calm when interacting with these officers. Whatever they ask of you, it is important to assert your rights, even when it appears that officers are ignoring your words. It could later prove to be valuable in a legal case if things progress that far. Regardless of the situation, your citizenship status, and your race, you always have the right to remain silent and to request an attorney.
Questions to Ask
Every person has the right to ask officers which agency they are with, which is often unclear if officers are in plain clothes and/or driving unmarked cars. Beyond that, people have the right to ask the following:
- Can you tell me why I was stopped?
- Do you have a warrant for my arrest?
- Please show me the warrant. Has it been signed by a judge?
- Am I under arrest, or am I free to go?
Dos and Don’ts
- Drivers must present officers with their government-issued identification upon request, and may then assert their right to remain silent and request an attorney.
- Passengers are under no obligation to comply with requests for identification, nor are they required to give any other information, including name, address, or place of birth. They should immediately inform officers that they are asserting their right to remain silent and are requesting an attorney.
- Officers may require everyone in the vehicle to exit the vehicle for officer safety.
- ICE agents are allowed to give a cursory pat down for officer safety, but cannot search a person or their vehicle without a judicial warrant or verbal consent, which need not be given.
- There is no requirement to consent to be fingerprinted unless they are under arrest.
- Do not sign documents without having a lawyer there to advise.
Are ICE Agents Permitted to Shoot at Your Vehicle?
Whether firing a weapon is legal, necessary, or advisable, it is possible that it will happen. The general training law enforcement officers get regarding vehicle stops instructs them to approach vehicles from the side to refrain from shooting at moving vehicles unless there is an imminent risk of serious injury or death. Obviously, shooting into a vehicle will not cause it to stop.
Protecting Your Rights
The experienced criminal defense attorneys at Boertje & Associates understand that these are challenging times, particularly for those in the crosshairs of ICE. We always fight to protect your rights. To discuss, schedule a confidential consultation in our San Diego office today.