Can ICE pull you over? Legal expert explains your rights during traffic stop

LOS ANGELES (KABC) — Human rights groups and immigration advocates are continuing to raise concerns over tactics used by federal agents during raids in Southern California.

Federal immigration officers have targeted people in vehicles, such as over the weekend during two separate immigration operations in Anaheim and San Bernardino.

Orange County Supervisor Vicente Sarmiento said it appeared federal immigration officers were “going after day laborers” at a Home Depot in the Anaheim operation.

“People were being yanked out of vehicles,” Sarmiento said.

In San Bernardino, a Customs and Border Protection officer fired his gun during another vehicle stop. In that case, the family says masked officers did not identify themselves before breaking their car windows. One officer punched through the glass, video shows.

The Department of Homeland Security argues the driver struck two officers, and that shots were fired in self-defense, which can’t be clearly seen in video of the incident.

The incident raises questions about what to do if someone is stopped by federal agents while in a car.

A legal expert says people have certain rights when contacted by law enforcement while in a vehicle.

“It is illegal for an ICE agent to forcibly enter private property without a judicial warrant,” said Sergio Perez, an attorney and the executive director for the Center for Human Rights and Constitutional Law. “Individuals who are asked for permission to enter private properties, including a vehicle, should not consent.”

Perez says that absent a judicial warrant, federal authorities need reasonable suspicion to stop a car and probable cause to search it. He says you can ask why you have been stopped and remain silent.

“There is no benefit to answering the questions of an ICE or federal official, especially one who is masked and who has not identified themselves as such,” Perez said. “But even if they do identify themselves, the Constitution gives you the right to remain silent.”

Perez also cautions that staying calm is important.

“Take stock of the situation that you are in and act accordingly,” he said. “Anything that you do can escalate the situation, and it’s important to be careful about your actions in those moments.”