A MARTÍNEZ, HOST:
Let's take a closer look now at the general public's rights during encounters with law enforcement, as well as what law enforcement personnel can and cannot do. Paul Butler's on the line with us. He's a former federal prosecutor and a professor of law at Georgetown University. All right. So, Paul, when it comes to encounters with police or federal agents, do U.S. citizens have different rights than, say, legal residents or undocumented immigrants?
PAUL BUTLER: We don't. The Fourth Amendment to the U.S. Constitution places restrictions on the power of police, and it talks about the rights of the people, not just citizens. The Supreme Court has said that means everyone who was part of the national community, including people who live and work here without legal documents.
MARTÍNEZ: For anyone that is dealing with a federal agent or police, there is maybe a bit of an intimidation factor in that they're an authoritative figure, right? And so sometimes maybe, you know, you don't understand your rights or maybe you are afraid to express them.
BUTLER: If you get stopped by law enforcement, the most important question to ask is, am I free to go? Unless the police have a legal reason to detain you, they have to say yes, and then you can just walk away. But cops aren't required to tell you this. And sometimes people feel like they have to cooperate, even if they don't want to.
MARTÍNEZ: Paul, when it comes to the rights that people have when they have an encounter with law enforcement, how does it differ between, say, being in public or being inside your car or your home?
BUTLER: There's a difference between all three of those. In public, the police have the most rights. They typically don't need a warrant to detain you or to arrest you. If you're in your house, you have the most protection. And typically there, the police have to have both probable cause that there is evidence of a crime or a suspect in a home and a warrant. In a car, you have the fewest rights.
MARTÍNEZ: What do you make of the Trump administration's deployment of federal agents into U.S. cities and the approach that ICE is taking in Minneapolis, for example, and in other cities?
BUTLER: After the murder of George Floyd, there were many reforms put in place that seem to have improved relationships between police officers and the communities they serve. And now it seems like we're going backwards. And that's not just bad for civil rights or racial justice. It's bad for public safety. The police solve the most serious cases not by chasing bad guys, but by talking to people to get information. And if people don't want to cooperate with police because they feel like they're violent or brutal or out to get their friends and neighbors, that makes everyone less safe.
MARTÍNEZ: Paul Butler is a former federal prosecutor and a professor of law at Georgetown University. Paul, thank you very much for the advice.
BUTLER: You're welcome.
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