Know your rights (Indiana Code 34-28-5-3)

IC 34-28-5-3
Detention
     Sec. 3. Whenever a law enforcement officer believes in good faith
that a person has committed an infraction or ordinance violation, the
law enforcement officer may detain that person for a time sufficient
to:
          (1) inform the person of the allegation;
          (2) obtain the person's:
          (A) name, address, and date of birth; or
          (B) driver's license, if in the person's possession; and
          (3) allow the person to execute a notice to appear.

As added by P.L.1-1998, SEC.24.
IC 34-28-5-3.5

Refusal to identify self
     Sec. 3.5. A person who knowingly or intentionally refuses to
provide either the person's:
          (1) name, address, and date of birth; or
          (2) driver's license, if in the person's possession; to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.


If you are stopped by the police:

1. You NEVER have to talk to any police officer, parole/probation officer, agents or investigator on the street, at your home, at work or while in custody.
2. You are not required to carry ID most places unless you are driving.  You cannot be arrested for refusing to identify yourself on the street but refusing may seem suspicious.
3. When stopped DO NOT run away.  You can always ask, "Am I being detained?".  If the police are NOT detaining you, you can leave after asking, "Am I free to go?"
4. Remember that police officers DO NOT have to tell you why they are speaking to you and will often not tell you the reason when asked why they stopped you.
5. Lying to a federal agent or police officer is a crime, so be mindful of what you say because it CAN and WILL be used against you.  It is best to keep quiet.  Remember that police are allowed to lie to you to get you to talk to them.
6. The Fourth Amendment of the Constitution protects all persons from unreasonable searches and seizures.  The Fifth Amendment gives every person the right to stay silent; the Sixth Amendment assures you the right to a lawyer.  These rights can not be taken away by anyone regardless of whether you have been convicted of a crime in the past.  

These are your rights under the law but that does not mean that you will always enjoy these rights in reality.  You must stand up for your rights.

If you are pulled over by the police while driving:

1. If ordered by the police to do so, the driver of a vehicle  is required to stop, show identification, and answer routine questions.  All information needed at this time is available on your driver's license and registration card.
2. In certain cases, you car can be searched without a warrant at long as the police have probable cause. Regardless, tell the police, "I don't consent to the search of my care or my person."
3. Police officers may order the driver and passengers out of the vehicle and in some cases it is lawful for them to search you and your passengers.  In any event tell the police, "I don't consent to the search of my car or my person."

Searches and Seizures:

1. You do not have to let any police or anly law enforcement agent into your house or office without a search warrant.  The police cannot search you, your passengers or your car without probable cause.
2. They are allowed to frisk you, which is a pat down on the outside of your clothing.  To protect yourself say, "I do not consent to this search of my person or belongings."
3. You cannot be arrested for not consenting to a search.  You cannot be arrested for refusing an officer or agent access to your house, office or personal belongings unless they have a signed warrant.
4. Remember that interfering with a police search beyond refusing to consent an result in very serious charges.

Detainment and Arrests:

1. If you are not free to go , you are being detained.  Police do not have to read you your rights or give you access to a lawyer if you are merely detained.  While you are being detained police are free to ask you questions without reading you your rights.  It is best to remain silent.  Anything you say while being detained can be distorted to give them a reason to arrest you.
2. If you are being taken, ask if you are under arrest.  If you are under arrest you have the right to know why.  You also have the right to see a lawyer as soon as possible.  If you cannot afford a layer you have the right to a free one.  You also have the right not to answer questions without your lawyer present. 
3. If you are NON-CITIZEN and you are stopped and/or detained:
4. Do not speak to any police officers or members of law enforcement agencies (FBI, CIA, DEA).  If any of those persons ask about immigrant status, tell them, "I am going to remain silent.  I want to speak to a lawyer."
5. If INS picks you up after being released from police custody, or on the streets, demand to talk to a lawyer.  Do not answer any questions.
6. Remember, INS is under no obligation to provide a lawyer for you. If you do not already have a lawyer, ask to call a friend and have them retain a lawyer for you.  Keep your conversation brief, as you are not guaranteed the right to privacy with anyone but your lawyer.
7. Do not sign anything without talking to a trusted (immigration) lawyer.  The INS often tries to get people to sign voluntary deportation orders, which can have consequences for your ability to re-enter the United States at a later date.

You can reach the Organized Community of United People of United People at 866-806-9069 x5413.

{This information was taken from Page 210 of the H.I.P. Training Manual}