From - Sun Aug 29 21:52:04 1999 Received: from smtp6.jps.net (smtp6.jps.net [209.63.224.103]) by mail1.relaypoint.net (8.6.11/8.6.12) with ESMTP id VAA11474 for ; Sun, 29 Aug 1999 21:08:39 -0700 Received: from default (209-239-214-119.lax.jps.net [209.239.214.119]) by smtp6.jps.net (8.9.3/8.9.0) with SMTP id VAA23714; Sun, 29 Aug 1999 21:06:58 -0700 (PDT) Message-ID: <00b501bef29d$822fa3a0$77d6efd1@default> From: "John Hecht" To: Subject: Fw: interesting Date: Sun, 29 Aug 1999 21:08:16 -0700 MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 4.72.3110.1 X-MimeOLE: Produced By Microsoft MimeOLE V4.72.3110.3 X-UIDL: 4c55042c63d07b94c3893ebc2d18efc8 Status: U X-Mozilla-Status: 2001 >=20 >What to do if you're stopped by The Police > >------------------------------------------------------------------------= ------ >-- > >To fight police abuse effectively you need to know your rights. There = are=20 >some things you should do, some things you must do and some things you = cannot=20 >do. If you are in the middle of a police encounter, you need a handy = and=20 >quick reference to remind you what your rights and obligations are.=20 > >That's why the ACLU is making these tips available as a downloadable = .pdf=20 >file. You can photocopy this and carry it in your wallet, pocket or = glove=20 >compartment to give you quick access to your rights and obligations=20 >concerning police encounters.=20 > > ACLU "Bustcard": Pocket Guidelines on Encounters with the Police > >Complete instructions for printing the bustcard, and other resources on = >police reform are also availalble. > > >------------------------------------------------------------------------= ------ >-- > >Be polite and respectful. Never bad-mouth a police officer. > >Stay calm and in control of your words, body language and emotions. > >Don't get into an argument with the police. > >Remember, anything you say or do can be used against you. > >Keep your hands where the police can see them. > >Don't run. Don't touch any police officer. > >Don't resist even if you believe you are innocent. > >Don't complain on the scene or tell the police they're wrong or that = you're=20 >going to file a complaint. > >Do not make any statements regarding the incident. Ask for a lawyer=20 >immediately upon your arrest. > >Remember officers' badge & patrol car numbers. > >Write down everything you remember ASAP. > >Try to find witnesses & their names & phone numbers. > >If you are injured, take photographs of the injuries as soon as = possible, but=20 >make sure you seek medical attention first. > >If you feel your rights have been violated, file a written complaint = with=20 >police department's internal affairs division or civilian complaint = board. > >KEEP THIS CARD HANDY! >IF YOU HAVE A POLICE ENCOUNTER, YOU CAN PROTECT YOURSELF. > >------------------------------------------------------------------------= ------ >-- > >1. What you say to the police is always important. What you say can be = used=20 >against you, and it can give the police an excuse to arrest you, = especially=20 >if you bad-mouth a police officer. > >2. You don't have to answer a police officer's questions, but you must = show=20 >your driver's license and registration when stopped in a car. In other=20 >situations, you can't legally be arrested for refusing to identify = yourself=20 >to a police officer. > >3. You don't have to consent to any search of yourself, your car or = your=20 >house. If you DO consent to a search, it can affect your rights later = in=20 >court. If the police say they have a search warrant, ASK TO SEE IT. > >4. Do not interfere with, or obstruct the police -- you can be arrested = for=20 >it.=20 > >IF YOU ARE STOPPED FOR QUESTIONING > >------------------------------------------------------------------------= ------ >-- > >1. It's not a crime to refuse to answer questions, but refusing to = answer can=20 >make the police suspicious about you. You can't be arrested merely for=20 >refusing to identify yourself on the street.=20 > >2. Police may "pat-down" your clothing if they suspect a concealed = weapon.=20 >Don't physically resist, but make it clear that you don't consent to = any=20 >further search.=20 > >3. Ask if you are under arrest. If you are, you have a right to know = why.=20 > >4. Don't bad-mouth the police officer or run away, even if you believe = what=20 >is happening is unreasonable. That could lead to your arrest.=20 > >IF YOU'RE STOPPED IN YOUR CAR > >------------------------------------------------------------------------= ------ >-- > >1. Upon request, show them your driver's license, registration, and = proof of=20 >insurance. In certain cases, your car can be searched without a warrant = as=20 >long as the police have probable cause. To protect yourself later, you = should=20 >make it clear that you do not consent to a search. It is not lawful for = >police to arrest you simply for refusing to consent to a search.=20 > >2. If you're given a ticket, you should sign it; otherwise you can be=20 >arrested. You can always fight the case in court later.=20 > >3. If you're suspected of drunk driving (DWI) and refuse to take a = blood,=20 >urine or breath test, your driver's license may be suspended.=20 > >IF YOU'RE ARRESTED OR TAKEN TO A POLICE STATION > >------------------------------------------------------------------------= ------ >-- > >1. You have the right to remain silent and to talk to a lawyer before = you=20 >talk to the police. Tell the police nothing except your name and = address.=20 >Don't give any explanations, excuses or stories. You can make your = defense=20 >later, in court, based on what you and your lawyer decide is best.=20 > >2. Ask to see a lawyer immediately. If you can't pay for a lawyer, you = have a=20 >right to a free one, and should ask the police how the lawyer can be=20 >contacted. Don't say anything without a lawyer.=20 > >3. Within a reasonable time after your arrest, or booking, you have the = right=20 >to make a local phone call: to a lawyer, bail bondsman, a relative or = any=20 >other person. The police may not listen to the call to the lawyer. > >4. Sometimes you can be released without bail, or have bail lowered. = Have=20 >your lawyer ask the judge about this possibility. You must be taken = before=20 >the judge on the next court day after arrest. > >5. Do not make any decisions in your case until you have talked with a = lawyer. > >IN YOUR HOME > >------------------------------------------------------------------------= ------ >-- > >1. If the police knock and ask to enter your home, you don't have to = admit=20 >them unless they have a warrant signed by a judge. > >2. However, in some emergency situations (like when a person is = screaming for=20 >help inside, or when the police are chasing someone) officers are = allowed to=20 >enter and search your home without a warrant. > >3. If you are arrested, the police can search you and the area close = by. If=20 >you are in a building, "close by" usually means just the room you are = in. > >We all recognize the need for effective law enforcement, but we should = also=20 >understand our own rights and responsibilities -- especially in our=20 >relationships with the police. Everyone, including minors, has the = right to=20 >courteous and respectful police treatment.=20 > >If your rights are violated, don't try to deal with the situation at = the=20 >scene. You can discuss the matter with an attorney afterwards, or file = a=20 >complaint with the Internal Affairs or Civilian Complaint Board.=20 > >Produced by the American Civil Liberties Union. > >Copyright 1998, The American Civil Liberties Union >