199 lines
9.0 KiB
Plaintext
199 lines
9.0 KiB
Plaintext
Newsgroups: misc.activism.progressive
|
|
From: nyt%nyxfer.speedway.net%harvunxw.BITNET@MIZZOU1.missouri.edu (NY Transfer News)
|
|
Subject: If You're Stopped by Cops/Slingshot
|
|
Message-ID: <1993May23.065402.28380@mont.cs.missouri.edu>
|
|
Date: Sun, 23 May 1993 06:54:02 GMT
|
|
|
|
Via NY Transfer News Collective * All the News that Doesn't Fit
|
|
|
|
from Slingshot
|
|
|
|
|
|
Legal Notes
|
|
|
|
WHAT TO DO IF YOU GET STOPPED BY THE POLICE
|
|
|
|
The legal system in the US is one arm of the octopus we call "The
|
|
System." It was designed by and is used for the benefit of those
|
|
who control the society. It was not designed to protect the
|
|
"rights" of those who oppose capitalism or business as usual.
|
|
|
|
Because of various historical accidents, there are aspect of the
|
|
law that, at least in theory, protect individual "liberties." The
|
|
law presumes, however, that everyone knows what these protections
|
|
are and if you don't know what they are, it is very easy to
|
|
"waive" these rights. Therefore, in the interest of giving us all
|
|
an equal chance when we're confronted by the cops, here are some
|
|
thoughts on the law of police stops and searches.
|
|
|
|
This article is based on how things are supposed to be "in
|
|
theory." The reality is that police can and will do anything they
|
|
want out on the street. And they won't hesitate to lie about it
|
|
later on.
|
|
|
|
But some cops are worse than others and a lot of them may treat
|
|
you differently if they think you know your rights. The police
|
|
depend on fear and intimidation to get what they want. Don't let
|
|
them get away with more than they are allowed to because of fear.
|
|
|
|
If you run into a really bad cop, talking back to him and standing
|
|
up for your rights might get you beaten up or killed, so be
|
|
careful about the realistic limits of "the law" and of your rights
|
|
in America. The cops are perhaps the most dangerous members of
|
|
our society so pay attention when you talk to them. What if I get
|
|
stopped by the cops?
|
|
|
|
When a police officer stops you on the street, the law says that
|
|
the stop will fall into one of 3 categories: consensual contact,
|
|
detention and arrest. Which one you're in determines how badly
|
|
they can fuck with you.
|
|
|
|
At one end is a "consensual contact." This means that the officer
|
|
comes up to you and says "can I speak with you?" If you say "yes,"
|
|
you have consented to have contact with the police. That is very
|
|
bad. The result of such "consent" is that you won't have various
|
|
"rights" under the Constitution.
|
|
|
|
ESPECIALLY if you think you may be guilty of something (you have a
|
|
warrant out on you, you are carrying drugs, you just did something
|
|
illegal), NEVER consent to talk to a police officer. This sounds
|
|
backward. The normal impulse when confronted with a cop is to be
|
|
polite and try to convince them that you aren't doing anything. If
|
|
you follow such an impulse, you are unlikely to actually convince
|
|
the officer and if the cop gets you on something, you won't be able
|
|
to get out of it later on in court. Never voluntarily talk to the
|
|
police!
|
|
|
|
If you don't think you are guilty of anything, it still isn't a
|
|
good idea to consensually talk to the cop. You never know how the
|
|
conversation will end up. And if people figure "well, I'm not
|
|
guilty of anything so I'll let the police stop me and ask me a few
|
|
questions now and then" the police state will be on the march.
|
|
Further, it will encourage the idea that people who don't want to
|
|
talk to the police have something to hide. How do I avoid a
|
|
consensual contact?
|
|
|
|
If the cop asks, "can I talk to you" say something like "I'm
|
|
sorry, I'm in a hurry and I don't have time to talk to you right
|
|
now." If the cop insists, ask him "Are you detaining me? Am I
|
|
free to leave?"
|
|
|
|
Ask this several times to make sure the cop will have a hard time
|
|
lying and saying you didn't mention it later on if you get to
|
|
court. If it is really a consensual contact, the officer ought to
|
|
let you go on your way if you ask to go. If you don't actually
|
|
verbally ask to leave, the court will presume that you consented
|
|
to whatever follows.
|
|
|
|
Police detentions
|
|
|
|
The next category of citizen/police contact is called a detention.
|
|
The police are only allowed to detain a citizen when there are
|
|
"specific and articulable facts supporting suspicion" that you are
|
|
involved in criminal activity.
|
|
|
|
This means that they can't detain you on a "hunch." "Specific and
|
|
articulable facts" (SAF) means that the police must have observed
|
|
something about your behavior and character that links you with
|
|
specific criminal activity. If the police detain you without SAF,
|
|
the detention is illegal and whatever they obtain as a result of
|
|
the detention (evidence or arrest) cannot be used against you in
|
|
court. How does this all work in practice?
|
|
|
|
Suppose the police stop you because it is late at night, you are
|
|
walking around the city, "you look at them funny", look "strange"
|
|
or are homeless or the wrong color.
|
|
|
|
The officer says "Excuse me, may I talk to you?" You say alright.
|
|
You have just consented to talk to the police. If the officer
|
|
notices after talking to you for a while that you have spray paint
|
|
on your finger or wheatpaste on you clothing, or notices a bulge
|
|
in your coat, the officer can find cause to detain you and could
|
|
eventually arrest you.
|
|
|
|
If, however, you said "no, I have to go" the officer is supposed
|
|
to let you go because he or she doesn't have SAF that you are
|
|
involved in criminal activity just because you look funny and it
|
|
is nighttime. The courts have found all of the facts mentioned
|
|
above insufficient to justify a detention.
|
|
|
|
If the cop says, "well, you can't go" or otherwise detains you,
|
|
then if they do find reason to arrest you, you may be able to
|
|
avoid the penalty because the original detention was illegal. If
|
|
the officer detains you and finds nothing, you should complain to
|
|
the city, the "police review commission" in your town (if there is
|
|
one) and you should let COPWATCH know about what happened.
|
|
(510-548-0425.)
|
|
|
|
Often (except as noted below), when you start throwing around
|
|
terms like "detention" and "specific and articulable facts" the
|
|
cop is going to lay off. A lot of the police's power is
|
|
intimidation and the public's ignorance.
|
|
|
|
It is crucial that you let the officer know that you are not
|
|
"consenting" to talk to him and that the only way you will talk to
|
|
him is if he detains you.
|
|
|
|
There may be SAF in some circumstances. If you rob a bank wearing
|
|
red pants and a string tie and are spotted 15 minutes later in
|
|
those same clothes carrying a white money bag reported missing by
|
|
the bank, the police will probably have SAF. There is nothing
|
|
illegal about a police detention if they have SAF, but not just
|
|
anything is a "specific and articulable fact" supporting suspicion
|
|
that you are involved in criminal activity. The facts have to be
|
|
very specific.
|
|
|
|
A lot of "police harassment" situations involve the police
|
|
stopping people because they "look wrong" and then going on
|
|
"fishing expeditions" looking for a valid reason to arrest which
|
|
they didn't have at the beginning of the stop. Don't give the
|
|
officer a chance to find anything out--"Just Say No." What if the
|
|
officer asks to search?
|
|
|
|
More serious than consensual contact and detention is an arrest.
|
|
For an arrest, the police need a high level of suspicion of your
|
|
involvement in criminal activity. If you are arrested, the police
|
|
can search you as part of the arrest.
|
|
|
|
If the officer asks to search you without arresting you, you can
|
|
say "no." The police have the right to search for weapons if they
|
|
feel in danger of being attacked. They are not allowed to search
|
|
people for other items. In a lot of cases the police ask to
|
|
search someone and obtain "consent" to search. Even though the
|
|
search isn't justified, it will be legal because the citizen
|
|
didn't object and therefore "consent" is presumed.
|
|
|
|
If the officer asks to search you or any of your property, tell
|
|
them you don't have a weapon and ask if you are under arrest or if
|
|
they have a warrant. If you aren't and they don't, tell them "I
|
|
would rather not let you search." They may ask many times and seem
|
|
to be acting with complete authority. Just Say No. You will not
|
|
let them search you unless they arrest you or have a warrant, and
|
|
you don't have a weapon.
|
|
|
|
If they and search anyway and find something, you may be able to
|
|
escape the penalty later in court. If the cop is obeying the law,
|
|
they should leave you alone. The fact that you refused to be
|
|
searched does not make you more "suspicious" and give them an
|
|
excuse to search.
|
|
|
|
Of course as stated above, the police may ignore all of these laws
|
|
and they may be less than polite and non-violent. When a cop gets
|
|
out of control, deal with it carefully. But don't voluntarily
|
|
consent to either a search or a detention.
|
|
|
|
-30-
|
|
|
|
Slingshot
|
|
700 Eshleman Hall
|
|
Berkeley, CA 94702
|
|
|
|
|
|
|
|
+ Join Us! Support The NY Transfer News Collective +
|
|
+ We deliver uncensored information to your mailbox! +
|
|
+ Data: 718-448-2358 FAX: 448-3423 e-mail: nyxfer!nyt@speedway.net +
|
|
|
|
|
|
|