Know Your Rights: A Primer, the most-recent addition to the copblock.org/documents page, seeks to communicate how to effectively stand-up for your rights.
Of course it’s impossible for a few of us to outline all potential scenarios, just as it’s impossible for a person or group, no matter how smart, to create “law” (it’s really legislation conflated to be law, which comes from the bottom-up), so take from it what you find valuable to your situation. This is a working document and we welcome your input so that we can all learn from each other.
Thanks to Kelly Patterson, founder of Nevada Cop Block, and Clyde Voluntaryist, founder of Carolinas Cop Block, for their help making this document more-presentable. -Pete
Know Your Rights: A Primer
Live and let live – it’s an adage that, if put into practice, would help eliminate the need for these precautions. But right now some folks are putting faith into a bad idea – arbitrary authority. Fortunately, ideas have consequences.
Interacting with police employees
Always document exchanges you have with police or those that you witness, preferably via video, if possible. Even better, stream the interaction in real-time to the Internet using a free smartphone application (see: http://copblock.org/apps). This prevents it from being erased or tampered with should your equipment be stolen by police. In addition, it can increase the speed with which word can get out should you need outside support.
Filming your interactions has several advantages. Most importantly, it will help to safeguard you at that moment, as it very-likely will deter potential aggression, and it will act as an indisputable, objective, transparent record of the incident. The deck is usually stacked against you in cases which come down to just your word against theirs.
Ask “Am I being detained?”
This question is important for several reasons. One is that certain rules regarding evidence that can be collected are dependent on whether you have been officially detained and whether the person stopping you has sufficient cause to detain you in the first place. Getting them on record regarding these issues can aid you greatly in the future if contesting such evidence becomes necessary.
Another reason to ask this is that it will serve as an indicator to the police employee you are interacting with that you are aware of your rights. While this doesn’t always make a difference, letting them know that you understand those rights and are willing to assert them will sometimes make them less likely to disregard them.
If you’re told “No”, then you can leave the scene. Sometimes, discretion is the better part of valor.
If you’re told “Yes”, stay calm, cool, and collected. You can choose to remain silent or you can choose to engage.
Police employees default to being on the offensive. Strive to be calm, cool and collected, while confident – knowing that you’ve not acted in the wrong and in fact it is they who are acting with hostility. Ask yourself: what is reasonable?
Always strive to de-escalate situations, and thus increase the likelihood you’ll leave under your own volition rather than under the control of a stranger. It will also allow those who may later view video of the interaction to easily and clearly see just who is the aggressor. A video recording means that facts can be shared immediately with a large number of people; you can move more-quickly to the next stage, thus making it more-likely they’ll support you if needed and be more-likely to speak out against injustice themselves.
Police employees can and do lie – something that courts have ruled is perfectly acceptable – in an attempt to solicit information from you or to get you to admit to engaging in an action they believe gives them the right to kidnap and cage you (even though said action may not cause a victim). Be aware of this and act accordingly.
In fact, police employees are actually trained in methods of deception designed to trick people into giving up their rights and/or cooperating against themselves and or their friends. They are taught to act friendly as if they want to help you in order to gather information, which eventually could be used against you or others. In addition, they are instructed to phrase questions in a way that they sound like statements (I’m going to _____, okay?) in order to trick you into giving consent.
If you do engage, answer questions with questions. Ask, “Where is the victim?”, “Why do you believe you have the right to prevent my freedom of movement?” etc. Treat the police employee no differently than you would someone not wearing the same costume who approached and questioned you.
If you get arrested
Police employees often make arrests they know to be without merit, simply as a way to harass those who question their authority. Several vague “go-to” charges are often used for such purposes including, but not limited to, disturbing the peace, trespassing, obstruction, interfering with an officer/investigation, failure to follow lawful orders, etc. In cases involving police brutality, charges of resisting arrest and/or assaulting an officer can often be used to justify the police employees own use of force (having the unbiased and unimpeachable witness that video represents is especially crucial in this instance).
They know there is usually very little chance they will be held accountable for such tactics. In most cases, the charges are later dismissed, but that doesn’t eliminate the time and indignities suffered by their victims during even a brief period within one of their cages. Pushing back against this culture of abuse is important both to protect your own rights and deter its future use against others.
Don’t panic. The world won’t end. Now is the time to engage in damage control and move-forward to mitigate any further harassment and to seek accountability for the real aggressors.
Write down a detailed summary of what unfolded. Create an objective overview that will bring someone totally unfamiliar with the incident up-to-speed.
You may have an inclination to put this off until later, but it’s actually very important to do so while the incident is fresh. Details that are now clear will become forgotten with the passage of time. Plus, you’ll see just how useful making time to tackle this really is when you realize that it’s actually a time-saver. Instead of repeating the same story multiple times to different people, you can just point them to your write-up.
Where did the interaction happen? What was going on immediately prior to the interaction? What was the date and time? Who were the parties involved? What were their badge numbers, employers, contact information? What was given as rationale for stopping you? What was said during the exchange?
If it makes sense (if the incident is still timely and an impact can be had) it will be fed to http://copblock.org for a Call Flood – others, who have a grasp on your situation thanks to your write-up, and inclusion of relevant pictures and/or video, will call on your behalf and demand justice.
Document, Document, Document
Obtain as much related information as possible. The more comprehensive you are, the less-likely it is that frivolous charges will be levied against you and the more-likely it is that charges will be dropped.
Submit a Freedom of Information Act (FOIA) request (note that this is known by different names depending on the area). Inquire of the police department if they have a form for this – they usually do not. Don’t fret. Just write and submit your own. Include a sentence or two overview of who you are, the information sought, and your contact information.
You can use the text below as a template:
“To Whom It May Concern:
“This document is to serve as a Freedom of Information Act request. Please provide to me any and all content, including but not limited to dashcam video and related audio, dispatcher logs, police reports, internal memos, related departmental policies, from the incident that occurred on DATE at LOCATION involving YOUR NAME & CASE NUMBER/CHARGES IF KNOWN. Also, please include any and all information related to the number, date, and outcome of complaints made against POLICE EMPLOYEE NAME/BADGE NUMBER.
“YOUR NAME PRINTED
YOUR PHONE NUMBER
YOUR MAILING ADDRESS”
Or utilize this much-more thorough FOIA request template shared by Virginia Cop Block http://virginiacopblock.org/200/foia-request-freedom-of-information-act-request-example-template/
When submitting the FOIA request, film the exchange – or better yet, have a friend accompany you who can film. The more transparency the better.
Ask for a receipt, or a signed/stamped copy of your FOIA request.
Inquire to learn the legislated time-limit the police department has to respond to your request (often five-ten days). Due to the inefficiency of the bureaucratic, centralized police department, you may be contacted during that time-frame to inform you that an extension is needed.
Note that you can be charged for copying fees of documents, video and other content. Be sure to state when you submit the FOIA request that you want to have the ability to review everything before it’s taken/paid for. That way, if dozens of pages of unrelated material are included, you won’t be on the hook.
Add the information gotten from the FOIA request to your post about the incident as an update. If you have access to a scanner, scan the documentation and save it to http://scribd.com. You can create a free account there if you don’t already have one.
Win in the Court of Public Opinion
If you’ve done nothing wrong, don’t be afraid. Instead, voice as loudly and clearly as you can, the rights-violations you suffered and continue to face due to the actions of the police employee and prosecutor.
Demand a jury trial, even for something as trivial as a speeding ticket. Currently about 95% of cases are plead out before that stage. That does nothing to disincentivize the same or a greater level of police statism. If we each stood-up for what we knew was right, it’d frankly be impossible for this level to continue, and in fact it would lessen until it reached the point where no one claimed extra rights based on their attire.
Related resources: http://nevertakeaplea.org, http://freekeene.com/2011/03/03/new-flyer-dont-take-the-plea-deal-now-for-nh-and-national/
Also, educate yourself about jury nullification http://www.lewrockwell.com/orig10/emal1.1.1.html
Work to get your situation on the radar of others. Create an event for a Call Flood. Share pertinent information so others can easily get on the same page. Cultivate media contacts and share them as well. Encourage those so-inclined to make calls on your behalf and to submit your story.
It’s not uncommon for court dates to be pushed back or for the “prosecutor” to stack threats against you. While court employees might hope such tactics will wear you down, point to such tactics as examples of their inability to make right by dismissing the charges levied at you and calling-out the real aggressors.
Court is called “legal land” for a reason. It’s an environment void of logic and common sense, where public officials who purport to be acting to obtain justice in reality act to safeguard themselves and their colleagues. Don’t be surprised at, or let yourself get worn down by, their actions. Stand on your conscience and know that, at the end of the day, you did no harm. Not only will this resonate with you but it will embolden others to speak out and do what they know is right, until one day, the harassment meted out by those with badges, and the double-standards others afford them, are no more.
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Connect with others who know that badges don’t grant extra rights: http://copblock.org/groups
Check out all documents in the “Know Your Rights” Collection housed at http://scribd.com/copblock
Actually pretty good advice. If you had left out the nutter style “kidnapped and caged” rhetoric. The “am I being detained” is always comical to me, but go ahead, give it a shot (as I’ve tried to explain before, when stopped or “detained”, you don’t have to answer any questions, but your avoidance of those questions, or any deception, can lead to longer detentions…do it at your own risk). As for the jury trial / nullification…just remember that most juries aren’t made up of the same kind of people that are out acting like idiots and getting stopped by the police for those acts. They may not like the police (speeding ticket in the past or something), but most don’t like the OWS and doper smoker types. But other than that, pretty good advice.
Thats the reason why any lawyer will tell his client to never make a statement to the police. I have linked a video on here on other posts and 2 parties speak. A law professor and a police officer who said at the start of his time, everything the professor said is true. The law professor goes into great detail why, especially the part about what you say can and will be used against you but not to help you and he mentions the some 27000 pages of the us federal code which has like 10000 laws that we can break. It is not personal but not speaking to the police is the best advice ever!
What I find comical is not asking…”Am I free to go”? It is the cop asking for someones ID when they are about their daily duties and decide to film police and the cop asks for ID and when the person being asked says no or do I have to?, the cop responds with…oh, so you are a lawyer now! Thats always funny to me!
YF: Not to set you off by this…but then reason your lawyer says that is he wants you to give him a big fat check first. And in 17 years of it, the lawyer has always accompanied the bad guy as he comes in to make his statement. I get the same statement / information, you get a much smaller bank account. On serious things, I would and have advised people to get an attorney. I want that lawyer there so there isn’t any bitching later. On lesser things, attorneies are usually a colossal waste of money. You can usually get the same results yourself…if your guilty the DA will give you the same deal, if your not guilty…you should know enough about why it couldn’t have been you to defend yourself.
Well, yes and no. As I stated I watched a video that had both a lawyer and a police officer explain why. It is a money thing thats for sure but a suspect gets nothing from talking to you at all and how many peoples defended themselves and lost. You know the saying…anyone who represents himself has a fool for a client. Look at O.J. AS an example. I think IMO he did it no doubt but his alwyers, who he paid a ton for, put the polcie on trial and he won. In a straight up sense it is usually advisable to get a lawyer in most serious cases.
The main thing is not talking to the police as that has been discussed here befor. Putting aside the money thing, which I agree totally with you, doesnt help you as a suspect as what they say is and most likley used against you but not to help you. If I am facing charges that can land me 12 years, getting a lawyer is your best bet. In fact let me ask you this. How many police officers that get serious charges leveled against them obtain the services of a lawyer? I am willing to bet all. It is a money sink but it is the smart move if it means time in the slam!
As I said earlier, for serious things, I would recommend you get an attorney. I have sat across from lots of people and told them that I wasn’t going to ask them any questions before they had their attorney (keep n mind I worked narcotics for a long time…but it went for other crimes as well). Why? I already knew what I needed to know. Of course, there’s always more to learn, so yes, I still wanted to interview them. But, it really is like I said. All of the tough guys who blew out the “I’m not talking, I want my lawyer” lines….all eventually showed up because their lawyer, took their money and then told them to come and talk to me because they knew the value of cooperation with the police as they moved forward in court.
Hey t.
Did you ever break into anybody’s house and murder them while you were doing the narcotics thing? Have you ever used drugs yourself? Don’t lie now. Tell the truth. One of the deputies in the county where I live murdered a woman. At first the official story was that she committed suicide until the coroner said her injuries were not consistent with suicide. She was shot in the back. Think about that shit. She shot herself in the back. Those dumb asses actually thought people would believe that. And if it hadn’t been for the woman’s mother complaining so much that might’ve been the end of the story. The officer went to prison for murder. And it’s just a matter of time before something like that happens again.
Yep, it’s just a matter of time. It’s in their nature. Trying to make honest, decent people out of them is like trying to make a silk purse out of a sow’s ear. You could also compare it to a pile of dog shit. You can spray cologne on it, perfume, you can even gold plate it. But you’ve still got a pile of dog shit.
Slayer: Ah, no and no. With hundreds of search warrants, bunches of which were of the “‘no knock” varitiy, lots of which, as a member of SWAT I either breached or was shotgun security /cover for the shield. On my warrants, iI did all the planning from time to tactics. If SWA:-) t didn’t like it, we changed plans and removed them from the equation. As for drug use, I never liked the people who did it when in high school or college. Frankly, they were dirty and they stunk. So I stayed away from it. My partner on the other hand had extensive experience and knew how bad and dangerous they were to use and the damage that is does to everyone around you. I don’t even drink what would amount to a bottle of wine a year. The reason I worked so hard during that assignment was I knew, from years of patrol work, that the overwhelming, nearly all, property crimes are drug related as are most person crimes. People steal and rob to feed their habits.
As for the suicide / homicide thing. That’s why investigations are done. Most things are exactly what they appear to be. But certainly not always. Bullet wounds are strange things. Entry / exit wounds can certainly appear to be similar. The totality of the scene needs to be seen and u derstood. Medical examiner information is vital too those investigations.
Like I’ve said so many times before folks. They’re all liars. You couldn’t torture the truth out of these people. If I remember correctly, Adolph Hitler didn’t drink alcohol either. And I’m almost certain he didn’t smoke marijuana or anything like that. He sure as hell wore a well pressed outfit and shiny shoes though. So you see, a psychopath is a psychopath, it’s state of sobriety doesn’t matter. These people (the elite officer class) are in love with themselves. They’re unique among men. I guess you could say there a kind of “master race”.
T,
You and I are talking 2 different things it seems. I understand perfectly what you mean as most criminal suspects are most likley guilty . It was Alan Dershowitz who stated during the O.J. trial that from a stats point of view its like 67% and it may be higher. I worked for a plumbing company who had a guy who did 2 6 year stretches at folsom for meth. His dad was worth anywhere between 6-10 mil and when he was pinched the first time he hired the best law firm in california and his lawyers, he said, looked at the evidence the police had and after consideration told him to accept the plea deal or bye bye for 50 years.
This is all different than saying…do not talk to the police. If you were to see that video, the police officer speaker mentions the ways people still talk and what methods he uses. He says he had some rate of conviction like in the 90% range because of confessions which he says are the best and he is right. With all that being said, I am only saying to you that a suspect talking to you gains nothing regardless what you know and they should keep their mouths closed. Mind you, I am not disagreeing with you. Here is that link below and it is only 45 min long.
http://www.youtube.com/watch?v=i8z7NC5sgik
The reason that leos get so incredibly agitated when a detainee/citizen remains silent is because if everyone did that their job would be so ridiculously impossible that the criminal justice system, other than defense attorneys, try to tell you to “cooperate with leos.” In most instances, if the suspect doesn’t incriminate himself, there is no case.
The African-american community has known this for years, not to talk to leos, it is just within the last 10 to 15 years that the white community is starting to figure this out.
YF: I guess you are talki g about interview techniques. I know bunches of them. Usually just go with the truth, it’s easier to remember. And there are lawyers that say never talk to the police. And they stand there beside their clients as he is sent to prison, and they go to the bank. It’s not THEIR BUTTS ON THE LINE, it’s yours (remember that as you take their “advice”). But it is of course way easier with the confession, as I said. And I prefer if there is an attorney there so there’s less complaining later. But you need to know, that confessions and cooperation have dramatic weight when it comes to sentencing. Should they have an attorney to insure their deal before they talk…sure. But let me let you know just a little something, kind of an insiders secret…everyone says “stop snitching” all the time. But they almost all snitch in the end. It’s their butts. They talk. I think I only ever had 1 guy who didn’t talk. He was hardcore and is now pulling a long federal ticket. So there are reasons to have an attorney. But most often, it gets you not much for your money
@steveh: Is above. You only think they aren’t talking. The stop snitching looks tough on the street, but behind closed doors…a very different thing.
@slayer: You asked and I answered. I’m honest and you are seemingly void of the truth. Don’t hate.
T,
I agree that you usually do not get your monies worth. It still doesnt mean it is a bad call to hire a lawyer. Look at the officers in the Frank Jude beating. They all got lawyers and the top 3 got 16 years each. It is usually the smart move in some cases as the law has so many complexities that lawyers are necessary. When most of the suspects you have in your interview room are really guilty they will go to prison lawyer be damned. I guess I am speaking from a legal sense in that taking to you can’t help me if I am the suspect. In the video, the law professor uses his examples from the fictional scenario that you are really, honest to god innocent and how even talking to the police may hurt you and it makes sense. Officer Buruch gives his spiel and agrees with the professor and uses his examples from his 28 years of police work. He points out that he has a 98% conviction rate and most often doesnt need to go to court because of confessions and he explains how he does it.
I do agree though that honesty is the best but if I am in trouble, hell if you are in a federal interrogation room being charged with civil rights violations and you have a lawyer, which you will, he is going to tell you to shut your mouth as talking to the police will not help you in your case.
YF: I hear all that. All I’m saying is that in the end, most attornies end tell their clients to talk to the police….because it does help them. That would be more career type people, not one shot people who did something really bad, but only once. But the “shut your mouth” thing is TV. Really it is.
Well i guess you see it on your end as you do that but I will say this…he opened with Justice Jackson who was a career prosecutor who ended his career as a Nurnemburg war crimes prosecutor who he quoted as saying something along these lines….”Any lawyer worth his salt will tell his client in no uncertain terms to make any statement to the police”. I think it may come down to the individual case and what the role of the suspect is.
The key words you used were…their attornies tell them and thats what they pay for. I also never disgareed with you that they never talk as in that video, the police officer speaker says they all do and thats something that did surprise me. I will revise my statement and say this….if you me or anyone else was charged with a series of crimes and we had a lawyer who got to us before we said anything…I bet he will advise us all to be quiet until he knows whats up and what the police have before he says..ok talk and you will get a deal or you will not face prosecution if you are honest. Sam Gravano is a prime example so yes It can help. It seems it is based on the specific situation but I wholeheartedly agree as most of the defendants are guilty statistically speaking and will talk at some point. I can believe that for sure.
Also, watch that video and when you have a veteren police officer agree with a criminal defense attorney on why you dont talk to the police it is atleast worth watching to see why!
t: You are being the typical cop trying to confuse different situations.
Interactions in the field is what this article is addressing. You are talking about being asked to come to the station for an interview. That’s where the lawyer would be needed.
In the field you never want to talk to a police officer. Ever. And you do want to determine if you’re being detained. To say otherwise just shows your bias. You have to get people to talk otherwise your job gets a whole lot harder.
You also combine lying (being deceptive) and remaining silent. Again, the article never tells someone to lie to the police. This is just a bad move because it lengthens the detention and just makes the police officer mad.
And then you pull out the favorite: Not talking will lengthen your detention. That’s just a pressure tactic. “You want to leave? Then answer my questions.” Sadly it works in most cases but people should know a police officer can’t detain you forever. After a reasonable amount of time they have to take you to jail or let you go.
Otto: Go back to my first commercial at on 10/23 @ 404. The other comments were just an information / opinion exchange between Yankee fan and myself.
Don’t talk. Ok. Said that. Ask if you’re being dentained. Ok. Said that. To expand further into your points though: Does it make it harder? I suppose. Sometimes and I some ways. But if I already have the RS to stop you, I can detain you for even significant periods of time as long as my investigation is moving forward and my RS remains. That’s the part where your silence canLENGTHEN your detention. It not a pressure tactic. I don’t say it to people. I may answer their questions with that information. BTW, this kinda goes back to my comments to YF, most of the time, when I ask the question whether in the field or at the PD, I usually either know the answer for have a really good quests at it. This is where I differ from you and YF. if its me, I want to dispell any an all possibilities of involvement. This is we’re I was. This is who I was with. This what we did and when. The silence will peak curiosity. And I know no one ever believes this, but almost always someone has called about your behavior prior to our encounter. Or the encounter is taking place in a time or place or under circumstances that give rise to that RS.
it’s not a science like math where 9 – 7 is always 2. It’s art. Combinations of training, experiences, knowledge combine to see what is or may be going on. I’ve tried to give clear and honest explanations of RS, PC and BRD here in the past. THose that want to ignore it, ok. But instead, use the information and avoid the police encounter entirely.
Ya, there was no fighting it was just as T said and no one called each other names or said you were wrong. Opinions are just that. I very well could be wrong and if I am, then I am. It is more important to get it right as opposed to trying to be personally right no matter what!
Here’s another cop violating my Rights http://www.youtube.com/watch?v=L192EzJQcvY&list=UUq4XOCoy9DKGkUzW73rCz3g&index=1&feature=plcp
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