Transgender in Maryland: Know Your Rights

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1 Transgender in Maryland: Know Your Rights Disclaimer: Contents of this pamphlet do not constitute legal advice. Please consult an attorney for legal advice.

2 Transgender people in Maryland face overwhelming discrimination and harassment. Unfortunately, the mistreatment can also come from governmental agencies, like police. According to the largest Transgender study Injustice at Every Turn: 22% of Transgender respondents faced harassment, disrespect, or mistreatment by police. This percentage doubled for people of color. This is why it s important to know your rights! If Stopped on the Street by Police Do not run Ask Am I free to go? If no, ask Why? If yes, walk away calmly You don t need to say anything, you have the right to remain silent You don t need to give the officer your name or ID in Maryland, however the officer may find you to be more suspicious if you refuse, and could arrest you instead of issuing a citation if they have sufficient cause. Do not answer questions about your employment, sexual activity, drug use, immigration status, housing, or your associates in the area You don t have to consent to a requested search of your person, or belongings, but if the police have sufficient cause they can legally search you without consent. Never lie or give false documents to the police Request a lawyer Write down names, badge numbers, and anything that identifies the arresting officers as soon as you can after the encounter Don t threaten officers with filing complaints

3 If Stopped in a Car Driver must show license, proof of insurance and registration Keep hands where police can see them You don t have to consent to the requested search of your vehicle, but police may legally be able to search it with sufficient cause without consent Police may order drivers and passengers out of the car, and separate them, but no one has to answer any questions If Police Come to Your Home Go outside to speak to police and close the door behind you so police cannot see inside. Inviting police in, or letting them see the inside of your home, can give them cause to search your home legally Ask to see a warrant before you allow them to come into your home Call your lawyer Immigration Issues If you are 18+ carry your valid immigration / travel documentation with you if you have it and show them when asked. If you don t have them, ask for a lawyer and remain silent. If questioned by an officer do not speak to any officials, including questions of immigration status or citizenship, without speaking to a lawyer first Contact your Consulate Do not sign any documents or agree to any tests without a lawyers review first If Arrested In Maryland, police have 24 hours to bring you in front of a commissioner You must be released if charges are dropped, or if you are granted and meet bond, or win your criminal case If undocumented and released from criminal holding, Police can put a detainer on you for 48 hours to have Immigrations Custom Enforcement (ICE) pick you up

4 Transgender people in the United States have a high rate of harassment from the community (including police), violence against themselves, and high rates of incarceration for survival crimes due to economic status. Trans Tips People do not have the right to search you to discover your gender status If placed in jail, ask to be placed in a protected unit if you fear for your safety If you are prescribed hormones, or other transitional medications, you have a right to take them as prescribed while in jail Report mistreatment to the ACLU of Maryland, or Equality Maryland (contact information on back) If you live in a protected jurisdiction, report police or access refusal or discrimination to the Human Relations Commission You can ask for a different gender officer to do your body search, but it s not required for them to honor your request Transgender people will likely interact with an officer. It is important to know your rights! Wallet Card My Lawyers Name My Lawyers Number Organization/Agency Org. Phone Number To Whom It May Concern: Please be informed that I am exercising my right to remain silent, and will not answer any of your questions. I request an attorney at this time. I will not sign anything, or give consent to any tests or lineups until my attorney is present and reviews the charges. Thank you.

5 Maryland Laws In 2005 Maryland passed a Hate Crimes Law that included gender identity and expression to help protect the community from hate violence statewide. In Baltimore City, Montgomery County, Howard County, and Baltimore County, it is illegal to discriminate against transgender people or deny services in public places (i.e. businesses, hotels, government agencies, or restaurants), employment, housing or credit decisions. Maryland does not have statewide nondiscrimination protections for Transgender people. Wallet Card Know Your Rights: Quick Guide You do not need to talk to police, you have the right to remain silent. Do not lie to police, it s illegal; but remember, police can lie to you. If stopped on a street, ask Am I free to go? If no, ask what am I being detained for? If stopped while walking, you don t have to give your name or ID to police; but you could be arrested instead of cited if you don t. Police can not search your home, or belongings, without a warrant or sufficient cause. You do not have to consent to a search of car, person, home, or belongings. police can legally search with sufficient cause without consent. Don t speak to anyone without your lawyer, especially if you are arrested. Do not reveal your gender status to any official without a lawyer present. Carry valid immigration documents for the United States with you, as well as a state ID. While it is illegal not to have a state ID over the age of 18, you have the right not to produce it until your lawyer is present.

6 Resources Legal/Immigration American Civil Liberties Union of Maryland (ACLU of MD) CASA de Maryland Lambda Legal Free State Legal Name/Gender marker change Refuge Asylum and Migration Help (RAM) Advocacy/Education Equality Maryland Shelter Project Plase Healthcare Whitman Walker Clinic Chase Brexton Health Services x 4300 Peer Support PFLAG of Maryland Gender Identity Groups at the GLCCB South Sharp Street Suite 109 Baltimore, MD Phone: Fax: [email protected]