Asked by: Andrews Racky
news and politics crime

Can California police ask immigration status?

Last Updated: 8th March, 2020

41
If a police officer or immigration official questions you about your status, you have the right to remain silent. (NOTE: In some states you might have to tell your name to a police officer who stops you, but this is not the law in California.) You have the right to ask the officer if you are being arrested or detained.

Click to see full answer.

In this way, can police check your immigration status?

Police officers are able to check the legal immigration status of a suspect by contacting the Home Office Central Command Unit (CCU). “Officers in some forces are also able to check offenders' immigration status and criminal record with locally embedded Immigration Officers.

do I have to identify myself to police in California? Police cannot force you to show ID without just cause, so they cannot arrest you for simply refusing to identify yourself. California does not have what is called a “Stop and Identify” or “Papers Please” statute that requires you to produce identification to the police when asked.

Simply so, can police ask if you are a citizen?

You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country.

Can you film police in California?

In the state of California, you are allowed to record police while on duty, but there are some restrictions. The first general rule of recording the police is to do so as openly as possible. If you try to do so by concealing your camera, you may be violating California Penal Code Section 647.

Related Question Answers

Corazon Axpe

Professional

How do I report Immigration Crime UK?

You can call any of the following numbers to report a crime anonymously.
  1. Immigration Enforcement hotline. 0300 123 7000.
  2. Crimestoppers. www.crimestoppers-uk.org. 0800 555111.
  3. Fraud hotline. 0800 788 887. 8am to 8pm, 7 days a week.
  4. The Anti-Terrorist hotline. www.met.police.uk. 0800 789 321.

Mouloud Mampel

Professional

What are your rights against cops?

What to Do If You're Stopped by the Police
  • What you say to the police is always important. Everything you say can be used against you.
  • You have the right not to speak.
  • You never have to consent to a search of yourself, your belongings, your car, or your house.
  • Do not interfere with or obstruct the police—you can be arrested for doing so.

Heraclides Derkach

Professional

Can the police take your phone as evidence?

8 Police can, however, search the physical aspects of the phone (like removing the phone from its case or removing the battery) and in situations where they actually believe evidence on the phone is likely to be immediately destroyed, police can search the cell phone without a warrant.

Domitilo Hawker

Explainer

Can you close the door on a police officer?

You are under no obligation to speak to the police or open the door. It is not a crime to keep the door closed. Here's what you should know about your rights when the police come to your house: The police nearly always need a warrant to enter and search your home.

Slavica Zayas

Explainer

Can the police force you to leave your home?

So long as your address is on the warrant, they have the right to order you out of the house while they search. This usually makes for some messy publicity and the occasional court case, of course. Yes under the right circumstances. A court order such as an eviction or a protective order can do it.

Lei Walfort

Explainer

What are my rights if immigration stops me?

If you are undocumented and immigration (ICE) officers stop you on the street or in a public place, know you have the following rights: You have the right to remain silent. You do not need to speak to the immigration officers or answer any questions. If the officer says no, you may exercise your right to remain silent.

Emmanouil Kixmoller

Pundit

How long do police have to charge you?

If they are thinking about charging you with a misdemeanor, the DA and the cops have 18 months to file charges. If they are anticipating charging you with a felony theft, they have 3 years to file charges.

Prospera Zimerman

Pundit

What do cops see when they run your name?

When a police officer runs your license plate—independently or in conjunction with a traffic stop—the officer will typically see the vehicle's registration status (valid, expired, or stolen), the vehicle description (VIN, make, model, type, and color), and the owner's identity (name and description).

Casto Grimault

Pundit

Do police have to tell you why they stop?

You should always cooperate with any (lawful) request of the officer. A police officer does not have to tell you why you were stopped, at least not initially. An officer can ask you to get out of the car, or stay in the car. You should do as asked, and remain cordial.

Creacion Sagues

Pundit

Can you refuse to show ID to police?

Commonly known as “stop-and-identify” statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves. Regardless of your state's law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you're involved in illegal activity.

Juliann Cascone

Pundit

Can police force you to answer questions?

When questioned by the police, you have the right to remain silent. So, you don't have to answer any questions if you are under arrest. If you do decide to speak to the police, the statements can be used against you in a court of law. You may stop answering at any time and all questioning by police must stop as well.

Tynisha Popperl

Teacher

Can police stop you while walking for no reason?

Unless a police officer has “probable cause” to make an arrest, “reasonable suspicion” to conduct a “stop and frisk,” or a warrant, a person generally has the legal right to walk away from the officer. However, there's often at the time of the encounter no real way to know what information the officer is relying on.

Talat Colque

Teacher

Can a police officer record you without your consent in California?

California's wiretapping law is a "two-party consent" law. California makes it a crime to record or eavesdrop on any confidential communication, including a private conversation or telephone call, without the consent of all parties to the conversation. 3d 1204 (Cal Ct. App.

Sukayna Vergaz

Teacher

Saloua Mingot

Teacher

Can police ask passengers for ID in California?

However, not every state has a law requiring that a person who is stopped provide identification. Under California law, a police officer cannot lawfully arrest you for the sole reason that you were unable or refused to produce identification upon his or her request.

Hachemi Esain-Elso

Reviewer

What can a police officer do with reasonable suspicion?

Reasonable suspicion is the legal standard by which a police officer has the right to briefly detain a suspect for investigatory purposes and frisk the outside of their clothing for weapons, but not drugs. While reasonable suspicion does not require hard evidence, it does require more than a hunch.

Robina Starck

Reviewer

What do cops ask for when pulled over in California?

Upon request, show police your driver's license, registration and proof of insurance. But if police believe your car contains evidence of a crime, your car can be searched without your consent. Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave.

Edileuza Lalima

Reviewer

Can you record a cop when you get pulled over?

The law in 38 states plainly allows citizens to record police, as long as you don't physically interfere with their work. Police might still unfairly harass you, detain you, or confiscate your camera. In other words, it's technically legal in those 48 states to openly record on-duty police.

Jarein Earley

Reviewer

Are cops required to show ID?

Police officers are required to display and provide their identification on request—except when they aren't. Many of us believe that we can ask any police officer for their name or badge number, and that a refusal to provide it is a violation of the law.