Tag Archive: Know Your Rights


A Cop Stops You At A Festival: The “Know Your Rights” Infographic

 

 

Infographic-Festival Lawyer

 

 

A COP “STOPS YOU” AT A MUSIC FESTIVAL

” The 4th Amendment of the Constitution prohibits “unreasonable” searches and seizures. That means you are supposed to have a right as a citizen to freely go about your business without being randomly detained or investigated. In order to “stop” you, an officer first has to have a belief that you were engaged in criminal activity.

  There are 3 levels of police “stops”. At each higher level of police encounter, the police officer has to show more justification as to why he stopped you.

  Consensual Encounter – A police encounter where you are not the subject of a police investigation and are free to leave. Officers don’t have to legally justify a consensual encounter because you can leave at any time.

  Detention – A police encounter where you are temporarily stopped while the police investigate you for a crime. Officers must have a “reasonable suspicion” that you were involved in criminal activity to detain you.

  Arrest – Permanently stopped and on your way to jail. An officer must have “Probable Cause” to believe you committed a crime to arrest you.”

CopBlock has more

 

 

 

 

 

 

 

 

Top Ten Reasons Why You Should Not Talk To The Police

 

 

 

 

 

REASON #1: Talking to the police CANNOT help you.

” If the police are talking to you, it’s because they suspect you have committed a crime. If they have detained you, it’s because they already have enough evidence to arrest you and they want to see if you will admit it and thus, give them an even stronger case against you.If they have evidence to arrest you for a crime, they will. If they don’t, they won’t.

  It’s as simple as that.Talking to them or not talking to them won’t make a difference! No one has ever “talked his way out of” an arrest. If the police have enough evidence to arrest, they will. If you deny that you committed the crime, they will not believe you. They already have evidence suggesting that you committed the crime.

  They’ll assume you’re just doing what every criminal does in denying the offense. It will not prevent you from getting arrested.This is completely contrary to popular belief. For some reason, many people think that they are savvy enough or eloquent enough or well educated enough to be able to talk to the police and convince the police not to arrest them.

  But ask any police officer if because of the eloquence and convincing story of the suspect, they have ever been convinced not to arrest somebody whom they had originally intended to arrest, and they will tell you no. They will tell you that in their experience, no one has ever talked themselves out of getting arrested. Talking to the police cannot help you. It cannot prevent you from getting arrested. It can only hurt.”

 

   As you read the other nine top reasons not to talk to the police remember that the police are allowed to lie to you in the course of doing their “duty” , thus no good can come of you voluntarily speaking with them . The days of the friendly neighborhood beat cop there to “protect and serve” are gone .

   Today’s cops protect each other and serve the State . To them we are all criminals until proven otherwise and they will not be swayed by any amount of your vehement protests to the contrary . Keep your mouth shut .

 

 

 

 

 

 

How To Handle Encounters With The Police

Know Your Rights

” Police officers are allowed to lie, trick and intimidate in order to find a pretext for writing tickets, performing searches and making arrests. But a citizen who is well-informed of his constitutional rights has a much better chance of getting through the ordeal unscathed.”

Read more about your rights and how to avoid conflict with the police from The Federalist Papers

YOU HAVE THE RIGHT TO STAY OUT OF JAIL

 

 

know-your-rights

3 Levels of police/citizen encounters

● Consensual – casual conversation 
○ Evidence level required – Zero
○ Freedom to leave – yes
○ ID required – no
○ Legal search – plain sight or consensual
○ Example: Officer knocks on door to ask if you saw anything

● Investigative Detention- Temporary detainment for further info.
○ Evidence level required – Reasonable Articulable Suspicion
■ Visible paraphernalia (Ziplocks, rolling papers, pipes)
■ Tools for B&E (Crowbar, slim jim, weapons)
■ Profiling (Paper tag, DARE/Police decals, College attire, Gangster attire)
○ Freedom to leave – no (approx. 15-20 minute max)
○ ID required – not in 26 states (exception: you’re a driver)

○ Legal search: frisk, plain sight, or consensual
○ Example: Officer sees you wearing a ski mask at night.
● Arrest – Taken into police custody
○ Evidence level required – Probable Cause or warrant
○ Freedom to leave – no
○ ID required – yes
○ Legal search: frisk, plain sight, consensual, or warrant
○ Example: Officer catches you breaking and entering “

 

 

 

Learn more here 

10 Rules For Dealing With Police

 

” Flex Your Rights is a non-profit institution that educates citizens about their constitutional rights and how to exercise them. We the The Libertarian Republic spend a lot of time informing the public about abuses of authority by police. Now we’d like you to spend a half hour of your time learning how to defend yourself by understanding and asserting your civil rights.”

Thanks to The Libertarian Republic

Published on Apr 30, 2012

” MORE INFO ON DEALING WITH POLICE ……

Know-Your-Rights DVDs: http://flexyourrights.org/shop

Official Facebook Page: http://facebook.com/FlexYourRights

Twitter: http://twitter.com/FlexYourRights

Get Flex Your Rights Emails: http://flexyourrights.org/subscribe

Got questions about dealing with cops? We got answers:http://flexyourrights.org/faq “

 

 

 

 

 

 

 

ACLU Petitioner Claims It’s Illegal To Photograph Her In Public Without Consent

 

 

 

 

” Canadian photojournalist Francis Vachon was in Massachusetts earlier this month on assignment for a travel website when he came across a pair of ACLU workers asking people to sign some kind of petition in downtown Pittsfield.

Vachon lifted his camera and snapped a photo, only for the woman in the above picture to inform him that he was breaking the law.

But Vachon, having been a regular Photography is Not a Crime reader for years, knew better as he explained on his blog:

 

I tell her that I am in a public place and I can do whatever I want, but then she tells me with a straight face that in Massachusetts, a law prohibit you to take a photo without first having a consent. I don’t know if she really believed that or if she was lying to me, but either way it was really weird coming from a member of the The American Civil Liberties Union

 

Perhaps she joined the ACLU after the civil liberties organization published its Know Your Rights: Photographers webpage along with the video below(above).”

 

 

     If you like to photograph in public , and these days we all need to watching the watchers , but are not sure of your rights you can find out more about them in these articles. The Photographer’s Right is a downloadable pamphlet in PDF form provided free of charge by the law offices of Bert P Krages

 

The Photographer’s Right

” The right to take photographs in the United States is being challenged more than ever. People are being stopped, harassed, and even intimidated into handing over their personal property simply because they were taking photographs of subjects that made other people uncomfortable. Recent examples have included photographing industrial plants, bridges, buildings, trains, and bus stations. For the most part, attempts to restrict photography are based on misguided fears about the supposed dangers that unrestricted photography presents to society.

Ironically, unrestricted photography by private citizens has played an integral role in protecting the freedom, security, and well-being of all Americans. Photography in the United States has an established history of contributing to improvements in civil rights, curbing abusive child labor practices, and providing important information to crime investigators. Photography has not contributed to a decline in public safety or economic vitality in the United States. When people think back on the acts of domestic terrorism that have occurred over the last twenty years, none have depended on or even involved photography. Restrictions on photography would not have prevented any of these acts. Furthermore, the increase in people carrying small digital and cell phone cameras has resulted in the prevention of crimes and the apprehension of criminals.

As the flyer states, there are not very many legal restrictions on what can be photographed when in public view. Most attempts at restricting photography are done by lower-level security and law enforcement officials acting way beyond their authority. Note that neither the Patriot Act nor the Homeland Security Act have any provisions that restrict photography. Similarly, some businesses have a history of abusing the rights of photographers under the guise of protecting their trade secrets. These claims are almost always meritless because entities are required to keep trade secrets from public view if they want to protect them.”

 

   The good people at Krages’ law office also provide various other resources on the subject ,including the laws for a few other places outside the US , some of which we have included below .

 

Legal Handbook for Photographers-The Rights and Liabilities of Making Images

UK Photographers Rights

NSW Australia Street Photography Legal Issues

Photographer Rights in Portugal

Some other handy resources on the subject from around the web include:

 

Know Your Rights: Photography in Public

Taking Photos In Public Places Is Not A Crime: Analysis

Photography and The Law: Know Your Rights

 

 

 

    Don’t be intimidated when you wish to take a photo or video in a public place . Know your rights and film , film , film and in the process you will be protecting everyone else’s rights along with your own . Remember “Sunshine is the best disinfectant”

 

 

 

 

 

 

 

 

Lancaster Cops Continue To Threaten Videographer, Even After Last Week’s National Embarrassment

 

 

 

 

” Less than a week after a Pennsylvania man posted a video showing a Lancaster cop refusing to take an accident report because the man insisted on his nephew recording the interaction, a story that was picked up by a national technology site as well as the local newspaper, another Lancaster police officer threatened to arrest the man on wiretapping charges, indicating a clear pattern of abuse of authority when it comes to the Constitutionally protected act of recording cops in public.

Fortunately, Paul Dejesus knew his rights and was not afraid to assert them, even after the cop gave up on the wiretapping threat and began threatening him with disorderly conduct, which is the usual catch-all charge for contempt of cop.

But Dejesus slapped that threat down by pointing out he was recording from his own yard.

But if he was recording from a public sidewalk, he still wouldn’t have been guilty of disorderly conduct in that state. “

 

 

Read the rest here

 

 

 

 

 

 

 

 

 

 

Know Your Rights: What To Do If You’re Stopped By Police, Immigration Agents or the FBI

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” We rely on the police to keep us safe and treat us all fairly, regardless of race, ethnicity, national origin or religion. This card provides tips for interacting with police and understanding your rights.

  Note: Some state laws may vary. Separate rules apply at checkpoints and when entering the U.S. (including at airports).

YOUR RIGHTS-

  You have the right to remain silent. If you wish to exercise that right, say so out loud.-
  You have the right to refuse to consent to a search of yourself, your car or your home.-
  If you are not under arrest, you have the right to calmly leave.-
  You have the right to a lawyer if you are arrested. Ask for one immediately.-

Regardless of your immigration or citizenship status, you have constitutional rights.”

Learn When Police Officers Must Obtain A Warrant Before They Search Your Home Or Other Property.

 

 

 

 

” A search warrant is an order signed by a judge that authorizes police officers to search for specific objects or materials at a definite location at a specified time. For example, a warrant may authorize the search of “the premises at 11359 Happy Glade Avenue between the hours of 8 a.m. to 6 p.m.” and direct the police to search for and seize “cash, betting slips, record books, and every other means used in connection with placing bets on horses.” “

 

 

 

Topics covered by this brief include :

 

How Police Obtain Search Warrants

What Police Can Search for and Seize Under a Warrant

When Search Warrants Aren’t Required

Consent Searches

The Plain View Doctrine

Search Made in Connection With an Arrest

The Emergency Exception

Allowing Police to Make a Warrantless Search

Searches of Cars and Their Occupants

For More Information

 

Know your rights , be informed .

 

” To answer all your questions about the legality of various police searches and seizures, get The Criminal Law Handbook: Know Your Rights, Survive the System, by Paul Bergman and Sara J. Berman (Nolo). If you need a criminal defense lawyer, you can turn to Nolo’s trusted Lawyer Directory to find an attorney near you.

For more free information on search warrants, check out Nolo’s section on Search Warrants.”