Knowing Your Rights: How to Hack the Legal System

YOU HAVE THE RIGHT TO REMAW OUT QE PRISC CC BY 2.0 @ ROBERT COUSE-BAKER KNOW YOUR RIGHTS The right of the people to be secure in IV their persons, houses, papers and 3 LEVELS OF POLICE/CITIZEN ENCOUNTERS effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing AMENDMENT the place to be searched, and the persons or things to be seized. CONSENSUAL INVESTIGATIVE DETENTION ARREST EVEN IF YOU ARE NOT A U.S. CITIZEN CONSENSUAL INVESTIGATIVE DETENTION ARREST Casual conversation Temporary detainment for further info Taken into pollce custody LEVEL LEVEL LEVEL REO ENCE DENCE ZERO REASONABLE ARTICULABLE SUSPICION PROBABLE CAUSÉ OR WARRANT What brings you out here today? Do you know why 1 stopped you? You have the right to remain silent. Am I free to leave? Am I free to leave? Am I under arrest? You'll be detained for approx. 15-20 Yes No Yes minute max Am I required to show ID? Am I required to show ID? Am I required to sħow ID? No No Yes Yes Legal search Legal search Frisk, plain sight, consensual, or warrant Consensual or plain sight 26 STATES Drivers in all states must psovide ID. DON'T REQUIRE SHOWING ID Legal search Frisk, plain sight, or consensual OFFICER KNOCKS ON DOOR TO ASK IF YOU SAW ANYTHING OFFICER CATCHES YOU BREAKING AND ENTERING Potential reasons for suspicion OFFICER OBSERVES YOU WEARINGA SKI MASK AT NIGHT WARNING SIGNS COPS LOOK FOR SUSPICIOUS PARAPHERNALIA • PAPER TAG • DARE / POLICE DECALS COLLEGE ATTIRE • GANGSTER ATTIRE • CROWBAR • SLIM JIM • WEAPONS • SPRAY PAINT • ROLLING PAPERS • BAGGIES / SCALES • WEAPONS • PIPES BEST PRACTICES FOR EXERCISING YOUR RIGHTS SAFELY TIPS TO REDUCE EXPOSURE TO SUSPICION Aways; REMEMBER A POLICE REQUEST IS NOT AN ORDER TIP Only crack door/window unless ordered to • BE POLITE • BE RESPECTFUL open fully. IF PULLED OVER WHILE IN A VEHICLE Clarify if it's an order, or a request • KEEP HANDS VISIBLE • ASK TO LEAVE OFTEN KEEP ITEMS THAT MIGHT DRAW ATTENTION OUT OF PLAIN SIGHT PRESCRIPTION BOTTLES / MEDICINE HOOKAHS / ROLLING PAPERS MEASURING SCALE / ZIPLOCK BAGS Not asking = voluntarily staying • ASK FOR CAUSE Officers must articulate observed suspicions • ASK IF REQUESTS ARE ORDERS • RECORD ENCOUNTER IMMEDIATELY Audio and video recording laws differ state by state (But you can always write down the encounter after it occurs) • REPORT ANY VIOLATIONS OF YOUR RIGHTS FIREARMS / WEAPONS Nover: Filming Eлсoшiev • ANSWER QUESTIONS • LIE OR GIVE FALSE DOCUMENTS • GIVE PERMISSION TO A SEARCH A POLICE WITHOUT FULLY READING A WARRANT • ARGUE, RESIST, FLEE, OR OBSTRUCT - Even if your rights are being violated POLCE YOU MAY LEGALLY VIDEO AND AUDIO RECORD A POLICE OFFICER PERFORMING OFFICIAL DUTIES WHILE IN PUBLIC POLICE MAY LEGALLY LIE, BLUFF, AND INTIMIDATE YOU Legaly OFFICER MAY NOT INDIVIDUAL MAY NOT • CONFISCATE YOUR EQUIPMENT • DEMAND TO VIEW FOOTAGE • DELETE WITHOUT A WARRANT • INTERFERE WITH THE OFFICERS' DUTY (ex. If officer says "Stand back!" do so] • PHYSICALLY RESIST If officer reaches for your device, do not resist, just report it. MOST AVOIDABLE ARRESTS OCCUR FROM TRICKERY AND INTIMIDATION REFUSING A SEARCH WHICH RESULT IN THE INDIVIDUAL: • CONSENTING TO A SEARCH • ADMITTING GUILT OR REFUSING TO ANSWER INCRIMINATING QUESTIONS are not ADMISSIONS OF GUILT 0 REASONS TO DETAIN YOU. MIRANDA RIGHTS Qатлт ARE READ ONLY ONCE YOU ARE IN POLICE CUSTODY Common POLICE TRICKS "Have you had anything to Edrink tonight?" "Respectfully officer, I don't have to answer that." TRICK QUESTION BEST ANSWER "Not answering is suspicious, why are you resisting?" "I'm not resisting, respectfully, I don't have to answer anything. "If you have nothing to hide, you don't mind if I look around." "I'm sorry officer, but I don't consent to searches." "If you refuse a search, l'll have to call a K-9 unit.". "Officer, are you detaining me, or am I free to go?" Brealhalyzer DO YOU HAVE TO TAKE IT? NO, YOU HAVE THE RIGHT TO REFUSE. But be warned, refusal is an automatic, irreversible suspension of driver's license. BREATHALYZERS ARE TUNED TO THE "AVERAGE" PERSON FALSE POSITIVE FACTORS - CC BY 2.0 @ BY KOMUNEWS SMALL SMALLER PEOPLE ACID REFLUX (GERD) FUMES EX. PAINT, ETHANOL GAS LUNG DIABETES LOW-CARB INHALERS CAPACITY DIET Roadblocks DUI STOP Legal Protection from "imminent public danger" SAME RULES AS ANY OTHER TRAFFIC STOP BORDER STOP Legat Agents may legally search anything without warrant CC BY 2.0 @ BY STEPHEN C. WEBSTER SAME RULES AS ANY OTHER TRAFFIC STOP DRUG STOP The US Supreme Court ruled random checkpoints for the purpose of finding drugs are unconstitutional DRUG CHECKPOINT IN 1 MILE Tts u Trap! POLICE ARE LOOKING FOR REASONS TO PULL PEOPLE OVER: • ILLEGAL U-TURNS IS A POLICE TRAP, DO NOT EXIT LITTERING SUSPICIOUSLY EXITING YOU HAVE RIGHTSKnow them http://www.roadblock.org/faq PRESENTED BY http://en.wikipedia.org/wiki/City of Indianapolis_v Edmond ONLINE-PARALEGAL-PROGRAMS.COM http://en.wikipedia.org/wiki/File:States with_Stop_and Identity Laws.png http://criminal.findlaw.com/criminal-rights/miranda-vwarnings-and-police-questioning.html DEVELOPED Br http://www.washingtontimes.com/news/2013/nov/4/jury-nulification-signs-in-dc-spark-free-speech-d Laws vary by region, please do your research and know what the rights are in your area. N NOWSOURCING REQUIRED REQUIRED VIDENCE