KNOW YOUR RIGHTS & HOW TO EXERCISE THEM (pg4 Days of Action 2012 booklet)

 

Stand up for your rights.      We are all leaders.    Stay present.

We are here as community to be aware of each other and take care of one another.

The system that criminalizes one of us has the potential to criminalize us all.

KNOW YOUR RIGHTS & HOW TO EXERCISE THEM

Each of us has the right to free speech, to travel and to assemble (1st Amendment to the Constitution). Nevertheless, the police or Sheriff may give people a hard time. Do not ask cops for legal advice. Officers are allowed to LIE, and they do. Even if you are on parole or probation, you never have to speak to a cop.

You never have to speak to or answer an officer, so don't!
It is always a better idea to continue chanting with everyone else.

If a cop approaches, ask “Am I free to go?” If they don't tell you that you must stay or that you're detained, calmly walk away. Even if you are being detained, do not answer questions.

If an officer questions, threatens, detains, or arrests you at any time, you can say the magic words: I choose to remain silent. I want to see a lawyer.” Then remain silent. These words and the refusal to talk to any law officer is protected by the 5th Amendment. Officers are not supposed to ask you questions once you have said you want to see a lawyer.* They will often try to intimidate you into talking. The safest words are the magic words.

Remaining silent. If you do speak to the officers, follow it up with the magic words and nothing else. *After you have said you want to see a lawyer, officers are only permitted to ask your name and address. You can continue to remain silent. If an officer tries to search you or your property, clearly say “I do not consent to a search.” Stay calm, even if the cop searches anyway. Say the magic words.

The magic words protect you from police questions & conversation. Police are trained to get you to talk and give up your rights.

You are not required to “keep moving”; only to make sure people can get by (that you’re not blocking their passage)


If ARRESTED, say the Magic Words:

 
I choose to remain silent. I want to see a lawyer.”

If you are arrested, an officer will search you and your bags. If you are unclear whether you are under arrest, say, “I do not consent to a search.”


ONLY sign an “Agreement to Appear.” Don't sign property lists, statements, medical forms or anything else. And you do not need to answer ANY questions.


Jail Support keeps you connected & informed about other people who were arrested, what's happening outside of jail, and can help you deal with things (loved ones, parked car, etc) Jail support knows the laws about arrest and court & can inform you and organize on your behalf.