Know Your Rights With the Cops

HOW TO HANDLE THE HEAT:
Police Confrontations at Protests

• You do not need to speak to cops.
• Be sure that you do not accidentally consent to any part of a search.
• If you are being questioned, asking for a lawyer will limit what they can use against you.
• Always use your judgment. Consider factors such as: de-escalation, protection of others and tactics.
• Remember that rights do not always equal reality.

• Do ask, "Am I free to go?".
• Do not tell them anything else.
• Do not believe that what they say to you must be true.
• Do just walk away if they tell you that you are free to go (running at this point may give them a reason to pursue you).

• Do say, "I am going to remain silent, I would like to speak to a lawyer."
• Do not tell them anything else, except possibly your name.
• Do remember that they are trained to catch people in lies and inconsistencies. This could hurt you or someone else later on.
• Do not believe what they tell you at any time.

• Do say, "I do not consent to this search" (they may continue regardless).
• Do speak clearly so any witnesses can hear you say it.
• Do not try to physically stop them from searching you.

• Do say, "I am going to remain silent, I would like to speak to a lawyer".
• Do repeat this mantra to any cop who asks you questions after your arrest.
• Do not believe what they say. Cops are trained to lie.
• Do not talk to anyone other than your lawyer about the circumstances of arrest- even other prisoners, friends and family!

• Do ask if they have a warrant.
• Do not let them in without a warrant.
• Do say, "I do not consent to a search".

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If they have a warrant:
• Do step outside and close the door behind you.
• Do not lock the door behind you.
• Do say. "I do not consent to a search".
• Do speak clearly so that witnesses can hear you.
Note: If you actually interfere with them entering, you will probably not be able to stop them from entering and probably will be arrested. However, you can never be sure that a warrant is in fact valid. It is safest to repeat that you do not consent to a search and allow them to enter on their own. If they can say that they believed you youre stalling in order to destroy evidence, it gives them more "probable cause" to search.

Why: Unless there is an emergency, cops need either a valid warrant or our consent to search or arrest you in your home, office, or other place where you have a "reasonable expectation of privacy". A warrant must have a description of the items sought or the person to be arrested, a description of the area to be searched (including address and part of the house to be searched), a date, and a judge's signature. If a warrant is missing these things or it is based on flimsy or false facts, it may not be a valid warrant. Any time cops are in your home, anything they see can be used against you. If an arrest takes place inside a building, they may use the opportunity to conduct a search. They may need different warrants or your consent to search different spaces in your house. If in doubt, don't consent and say so.

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While in an automobile:
• If ordered by cops, the driver of a vehicle must stop, show identification, and answer routine questions (name, date of birth, and address). Cops may order the driver or passengers out of the vehicle and may frisk them to check for weapons.
• Cops do not need a warrant to search your car, but they must have a reason to think that a car contains illegal things. (If they can see it or smell it, they can search) They may not need a warrant to look in the trunk or glove box, but they do need one to look through containers in cars such as bags, backpacks, and purses (unless you are under arrest).
• Anything cops see out in plain view in a car may give them a reason to arrest us or may be used against you later. If a vehicle is impounded, cops may look through everything left in the car including bags and containers. When in doubt don't consent!
  
  If you have any questions, comments, or suggestions about this article, please e-mail me at firefox-spam@walala.org. you value your feedback, so please e-mail.