Monday, June 1, 2009

16. know your rights



KNOW YOUR RIGHTS
Guide to resist police oppression
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If the police stop you.
In a car: keep all “questionable” items out of plain view (the trunk). If an officer sees something suspicious they have probably cause to search you.
If a cop asks “do you know why I pulled you over?”, never admit to breaking the law. Simply reply, “no, officer, why am I being stopped?”
If a cop asks you to step out of your vehicle, close the door behind you. leaving it open is an invitation for the cop to enter.
On the street: YOU DO NOT HAVE TO ANSWER ANY QUESTIONS (other than to identify yourself in some states). IT IS NOT ILLEGAL TO REFUSE TO ANSWER A QUESTION. You can say “I do not want to talk to you.” and walk away calmly. (if you’re not comfortable with that, ask “am I free to go?”)do not run.
If an officer illegally searches you, all “evidence” collected will be null and void.
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If they try to enter your home.
Never consent to a search.
Step outside to speak with them. Lock door behind you.
Ask to see a warrant. Make sure it has the correct info. They only do what the warrant allows them to do, if no DON’T LET THEM IN!
If they say they smell something, contest it. If they say they heard something, contest it.
Make sure your roommates/guests know not to let them in. in your absence, a police officer can get their consent to enter the house.
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Say this: “I DO NOT CONSENT TO ANY SEARCHES.” This is key. It will save you (personal experience).
Police officers do not have the right to search you, your bag, or your car unless they have “probably cause”.
If a cop asks to search you, NEVER CONSENT! If they have to ask, chances are they don’t have probable cause to search you. don’t let them manipulate you. bargaining with them doesn’t work. Do not physically resist them if they do do a search. An officer can only pat the outside of your clothing if they have “reasonable suspicion”. (anything solid felt could be accused a knife or gun. Be careful.) It’s true that anything you say can and WILL be used against you in court.
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“Am I being detained or am I free to go?”
If you’re stopped for no good reason, ask “am I being detained or am I free to go?” if you are not being detained, you are free to leave. In CA, you don’t even have to show them your I.D. unless you are being detained.
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If you are being detained
Show the officer your I.D. if not, they can hold you for 3 days.
Ask “why are you detaining me?” they must have concrete evidence for detaining you.
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If you are arrested.
Do not answer any questions without a lawyer. Remain silent until you can talk to an attorney.
The police may handcuff you, search, and fingerprint you.
They must also read you your Miranda rights.
Do not talk to anyone about your case, other than to your attorney. Within a reasonable amount of time after your arrest or booking. you have the right to a phone call. Law enforcement officers may not listen to a call you make to your lawyer, but they can listen to calls you make to other people. You must be taken before a judge as soon as possible—generally within 48 hours of your arrest at the latest.
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Always be a witness.
To your own case and anyone elses. Observe from a safe distance but do not interfere. Record details like badge numbers, names of witnesses, officers and anyone else involved., as well as time and location of incident.
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Know your rights. Make others aware of their rights. Remember, police officers will try to get you to waive your rights. Don’t let them. Practice them. Do not live in fear of the police. Do not trust the police. Do not encounter police more than you have to. It is important to know your rights if you value freedom. And remember, ALL COPS ARE BASTARDS.
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“know your rights” was originally a handwritten, mini-zine that was given to me about a year ago. it’s a very informative and empowering document and every citizen in the united states should be aware of these guidelines. I’ve transcribed it here and also added a few more details for clarification on certain issues. Please, please read this and pass it along.

More info at aclu.org/kyr, flexyourrights.org, copwatchLA.org, PD.co.LA.Ca.Us.

2 comments:

  1. I respect the police. I respect what they do. They help me sleep at night. They comfort me because I can call them at any time if I'm ever in danger or getting robbed or soemthing terrible is happening.

    If you're driving while drinking, I HOPE the cop busts your ass and finds that "quesitonable" containers of alcohol. I want the cop to find a "questionable" gun under your car seat that you were just about to use. I want the cop to find a "questionable" piece of evidence tying you to a robbery.

    But I'm assuming this is more about weed and other harmless illegal activity. Cops still bust people for that stuff, but hey, can you really blame them? It's their job.

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  2. michael, this isn't meant to evade illegal activity. it's a basic guide to resisting state oppression. real life situations occur everyday where people are lied to and tricked into giving up their rights and incriminating themselves to the police. just read this and remember and you can use it to help you someday.

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