Monday, May 24, 2010

Reminder of Legal Rights

[Fwd:]
As Salaam Alaikum,

insha'Allah this reaches you all with a smile.

Please, please read the email below and feel free to share it friends, family, MY Connect, etc. It is from CAIR-LA and outlines your legal rights (and those of anybody really) who is visited by the FBI or other law enforcement officers. They just sent this out, and we will insha'Allah be sending one out in the Bay Area as well in coming days. The reason I'm sending this here is because I used to assume that these were commonly known and understood rights. They are not.

Both as a result of my case work, and my interactions with friends and family, since joining CAIR I continue to learn of individuals who do not know what to do if approached by law enforcement. Further, I keep learning of cases where not knowing one's rights resulted in individuals going into meetings and interrogations unrepresented .... the consequences of this are dire. One meeting becomes six; and individuals are faced with questions about their religious beliefs and practices and other illegalities. This is a growing problem in our community as Muslims continue to be visited and harassed. 

Please read the information below, and know your rights. Additionally, please assist us in spreading the word. 

Also, I wanted to add that money should not be a hinderance to asserting your rights. CAIR along with numerous other organizations provide FREE representation in cases like these. If you have ANY questions, please do not hesitate to contact me directly for a confidential consultation.

Ma'asalama,
Zahra
CAIR-SFBA
Cell: 626.252.0885


---------- Forwarded message ----------
From: CAIR-LA List <info@losangeles.cair.com>
Date: Tue, May 18, 2010 at 2:18 PM
Subject: CAIR-LA ALERT: Reports of FBI Visits Prompt Reminder of Legal Rights
To: zahra.billoo@gmail.com


Greater Los Angeles Area May 18, 2010


ALERT: Reports of FBI Visits Prompt Reminder of Legal Rights


(ANAHEIM, CA, 5/18/2010) -- The Greater Los Angeles Area office of the Council on American-Islamic Relations (CAIR-LA) said today that CAIR offices nationwide have been receiving an increasing number of reports of FBI agents, along with local law enforcement and Department of Homeland Security officers, visiting and interviewing American Muslims, particularly members of the Pakistani community. Reports received by CAIR-LA describe visits by the FBI as "community outreach" visits.

Considering recent events, and the increase in FBI/Joint Terrorism Task Force-related (JTTF, including officers from the Department of Homeland Security and local police or sheriff departments) incidents reported to our office, it is important that Muslims understand their rights when visited by FBI/JTTF at their home or workplace:
1) Understand that your providing information to the FBI or any law enforcement, absent a subpoena, is strictly voluntary. You are not obligated under law to answer any of law enforcement's questions, other than giving your name and sometimes your address.
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 in your specific case. CAIR-LA may provide legal assistance, or can refer you to an attorney. 
3) If an FBI/JTTF agent shows up at your home or workplace, and they 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 refuse to 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-LA 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, and deciding what 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-LA 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-LA can help you with this process.

10) To file a complaint with CAIR-LA, please go here: CAIR-LA Civil Rights Page



MORE RESOURCES:
1. "FBI Interview: Knowing the law can protect you," by Ahilan Arulanantham and Ranjana Natarajan. InFocus News.
2. VIDEO:  "Got Rights: Protect yourself and your family at home and at the airport,"by Muslim Advocates.
3. To file a complaint with the Department of Justice Civil Rights Division, go to:
DOJ Civil Rights Page

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 of 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.
[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.]
CONTACT: CAIR-Los Angeles, 714-776-1847, E-mail: info@losangeles.cair.com



CAIR-LA


EXECUTIVE COMMITTEE
Fawad Yacoob 
President
Ashraf Ibrahim, PhD
Vice President
 Asem Abusir
Tahara Akmal
Omar Jubran
 Baraa Kahf, Esq. 
 Yasir Kahf
 Masoud Nassimi
Amana Siddiqi 
 Ahmed Soboh, DDS
 Deeba Sultani 
 STAFF

Hussam Ayloush
Executive Director
Ameena Mirza Qazi 
Deputy Executive Director/Staff Attorney  

Atif Butt
Programs Coordinator 


Lana Daoud
Development
Coordinator

 

Ilham Elkoustaf
Government Relations Coordinator
Sherrel Johnson 
Community Relations Manager
 

Anbar Mahar
Membership & Administrative Manager


Nedda Salimian 
Special Projects Coordinator 
Affad Shaikh
Civil Rights Manager
Munira Syeda
Communications Manager
 .


CAIR, America's largest Islamic civil liberties group, has 35 offices and chapters nationwide and in Canada. 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.

Council on American-Islamic Relations, Greater Los Angeles Area
2180 W. Crescent Ave., Suite F, Anaheim, CA 92801
Phone: 714-776-1847 Fax: 714-776-8340 E-mail: info@losangeles.cair.com

No comments: