
Why Knowing Your Rights Matters Right Now
In this current age of fear and oppression at the hands of US government agents, it is important that you, whoever you are and whatever your status is here on the land that is considered the United States of America, know what your constitutional and statutory rights are during any contact with ICE, Border Patrol, Homeland Security, FBI or whatever the cop(s) may be calling him or herself at any given time.
The Constitution Applies to Everyone in the United States
Remember, the US Constitution applies to anyone who is in this country…no matter how you arrived here or what the government believes your current immigration status is at the time you are contacted.
Your Rights Inside Your Home Under the Fourth Amendment
Let’s start out assuming you are in your place of residence…whether you own it, rent it or are just a guest there. You have a right pursuant to the Fourth Amendment of the US Constitution that says:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated….”
You Do Not Have to Open the Door Without a Valid Warrant
That means that unless this government agent has a warrant to enter your residence and/or search and seize your person, or your freely given consent, you do not have to let him or her into your residence. You do not even have to open the door if they knock or ring your doorbell.
It is best to not do anything or say anything if you are inside and you do not want the cop to join you inside. If you want to ask them what it is they want, do that without opening the door. If you have a screen security door, talk to them through that. But DO NOT open the door for any reason if you do not want them inside.
Why Opening the Door Can Be Used Against You
Even the slightest crack in the opening of a door will mean they will force it open further to go inside, and they will lie in court about it and say that they thought you were inviting them in by opening the door. Everyone has seen what the alleged cops (ICE) are doing every day as far as lying about what some average person says or does to them or at them.
What Makes a Warrant Valid
The cop must have a search or arrest warrant signed by a real judge, not an immigration court hearing officer, to be able to lawfully enter your home or arrest you without probable cause. That probable cause is what a judge considers in deciding if they should sign and issue that warrant or not.
Your Rights When Stopped in Public
If you are walking down the street and a federal government cop stops to question you, you do have to stop, but you do not have to do anything beyond giving them your name at that point. If the cop just starts asking you questions, you do not have to answer him or her.
You have the Fifth Amendment right to remain silent after you have identified yourself. If you are not being lawfully detained (questioning based upon probable cause) or being lawfully arrested (not free to leave), you should just walk away if a federal agent stops you in public.
Probable Cause and Unlawful Arrests
You can be stopped without a warrant, but you cannot be searched or arrested without probable cause. This term probable cause means that the cop has to have sufficient reasonable belief that you have committed or are about to commit a crime.
Of course, we have seen lately in the news that many people are confronted and arrested and killed without probable cause. Many of the people who are being accosted without probable cause are spending a day or two in jail and then being released without ever being charged with any crime. This is a misuse of power by these government officers and should be subject to some penalty in civil court. But it is yet to be seen if any of the government’s agents will be held accountable in court.
Traffic Stops and Minor Infractions
If you are stopped on the street driving and you commit a minor traffic offense (infraction) you should not be legally arrested or deported. A regular city or county cop can only give you a traffic citation with a date to appear in court if you commit a minor traffic infraction. He or she cannot take you to jail.
The same is true for federal officers who have no jurisdiction or duty to police a traffic matter. Again, the current federal cop actions are to make it a bigger thing than it really is. So just go along with whatever they demand of you to get yourself away from then…then seek out the assistance of an attorney.

How Jimenez Law Offices Can Help
At Jimenez Law Offices, we do not handle immigration matters. We only handle criminal cases that are sometimes related to immigration matters. If you have a criminal matter that you need and attorney to represent you on, call us.

If you have an immigration matter that you need an attorney to talk to about or to represent you on, we recommend calling Agxibel Barajas at the BARAJAS Law Firm. We have worked with Agxibel on various legal matters over the past 13 years. We trust her expertise in immigration and family law matters and refer many cases to her office that involve these types of legal issues and she refers any criminal matters that she is contacted about, to us.
Call Agxibel Barajas at 442-333-4736 or email her at office@thebarajaslawfirm.com.
Contact us today and take the first step towards protecting your freedom
Call (760) 345-4777 or Text (760-898-0207) for a free consultation to discuss what your legal rights are and possible defenses in your case.

