FBI Visits Prompt Reminder of US Muslims' Legal Rights
CAIR, WASHINGTON, D.C., 5/24/10) --
The Council on American-Islamic Relations (CAIR) said today that its
offices nationwide are receiving an increasing number of reports of FBI
agents, along with other law enforcement officers, visiting and
interviewing American Muslims, particularly members of the
Pakistani-American community.
These visits often include both
FBI agents and Joint Terrorism Task Force (JTTF) officers, including
Department of Homeland Security (DHS) officials and local police or
sheriff’s department officers. Reports to CAIR’s Los Angeles office
indicate the FBI described these visits as "community outreach" visits.
In light of these reports, CAIR is taking the opportunity to remind
American Muslims of their rights when visited by FBI/JTTF agents in
their homes or in the workplace.
American Muslims strongly
support law enforcement and the protection of our national security. As
Americans, we also value the civil rights of every individual. All
Americans have the constitutional right to due process and to be
politically active.
If you know of any criminal activity taking
place in your community, it is both your religious and civic duty to
immediately report such activity to local and federal law enforcement
agencies.
Know Your Rights:
1) Understand that providing
information to the FBI or any law enforcement officer, absent a
subpoena, is strictly voluntary. You are not obligated under law to
answer any questions from law enforcement officers other than providing
them with an official identification card.
2) You may choose to
have an attorney accompany or represent you for any interview or
questioning. We strongly recommend you consult with an attorney
regarding the risks and benefits of being interviewed by law enforcement
agents in your specific case. CAIR may provide legal assistance, or can
refer you to an attorney.
3) If FBI/JTTF agents show up at your
home or workplace and do not have a search or arrest warrant, you have
no obligation to let them in.
4) If they do have an arrest or
search warrant, you can still exercise your right to remain silent.
Comply with all directives and do not physically resist an officer. Be
polite and respectful at all times. Remember that you retain the right
to remain silent and do not have to comment or respond to any inquiries.
You also have the right to an attorney.
5) If an agent or
officer says they have some questions for you, you have the right to not
speak to them and/or you may tell the agents or officers that you will
have your attorney contact them if they wish to speak to you. Again,
CAIR may provide legal assistance, or can refer you to an attorney.
6) Note that anything you say to an agent or officer can be used
against you in a court of law, and lying to an agent or officer is a
criminal offense.
7) Should you decide to speak to agents alone
despite the risks, note that you may set the conditions of the
interview, including choosing when and where the interview is to take
place, having a third party present such as a family member or community
leader, deciding which questions to answer, and refusing to sign any
documents. You may cancel the interview at any time.
8) Be sure
to get the names, agencies, badge numbers and business cards of ALL
agents or officers.
9) Contact your attorney and/or CAIR to
report the interview/incident and to discuss next steps. If you feel
that your civil rights were violated, you may also file a complaint with
the Department of Justice Civil Rights Division. CAIR can help you with
this process.
10) To file a civil rights complaint with CAIR,
please visit:
http://www.cair.com/FileaComplaint.aspx
MORE RESOURCES:
1. "FBI Interview: Knowing the Law Can Protect You," by Ahilan
Arulanantham and Ranjana Natarajan. InFocus News, February 2007.
http://www.infocusnews.net/content/view/1036/200/
2. Video:
"Got Rights: Protect yourself and your family at home and at the
airport,” by Muslim Advocates.
http://www.muslimadvocates.org/get_involved/got_rights.html
3. To file a complaint with the Department of Justice Civil Rights
Division, go to:
DOJ Civil Rights Page.
http://www.justice.gov/crt/legalinfo/howtofile.php
[Please
note: This above is for informational purposes only and does not
constitute legal advice. Should you have any questions about the
material herein or about a specific case, please consult with your
attorney.]
CAIR is America's largest Muslim civil liberties and
advocacy organization. Its mission is to enhance the understanding of
Islam, encourage dialogue, protect civil liberties, empower American
Muslims, and build coalitions that promote justice and mutual
understanding.
CONTACT:
CAIR National Communications Director Ibrahim Hooper, 202-488-8787 or
202-744-7726, E-Mail: ihooper@cair.com;
CAIR Communications Coordinator Amina Rubin, 202-488-8787,
202-341-4171,
E-Mail: arubin@cair.com
Fair Use
Notice
This site contains copyrighted material the
use of which has not always been specifically authorized by the copyright
owner. We are making such material available in our efforts to advance
understanding of environmental, political, human rights, economic,
democracy, scientific, and social justice issues, etc. We believe this
constitutes a 'fair use' of any such copyrighted material as provided for
in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C.
Section 107, the material on this site is
distributed without profit to those
who have expressed a prior interest in receiving the included information
for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml.
If you wish to use copyrighted material from this site for purposes of
your own that go beyond 'fair use', you must obtain permission from the
copyright owner.