Taken from Fucktooth zine #20, used without
permission (I really don't think they care). Written by Jen Angel
(ain't she cool?)
You and the Police
Part one: on the street
A lot of people have expressed, in zines
or to me personally, that they're interested in finding out what
their rights are when approached by a policeman or other agent
of state. Can you refuse to talk to them? Do you have to identify
yourself?
Right now, there is a huge myth surrounding
the police about their power and their authority. It is important
to remember that they gain power from your ignorance, and to
be best defense is information.
It is important to remember that this is
the way it should happen, and that in reality, police can and
do anything they want on the street, and they will lie about
it later on. However, police depend on fear and intimidation
and that depends on you not knowing your rights.
In this article, I've used the word "police"
as an abbreviation for "any agent of the state" because
they are the ones who most of us will deal with most. This could
include members of the FBI, ATF, or even the IRS.
First of all, never talk to a police officer
on the street. Don't try to be polite and explain to him that
you aren't doing anything wrong. If he asks, "Can I speak
to you?" SAY NO. Be polite but firm. Tell him you are in
a hurry. If an officer insists on talking to you, ask him "Are
you detaining me? Am i free to leave?" Ask this several
times so that it is more difficult for the cop to claim you never
said objected. In other words, if a cop says, "Excuse me,
may I talk to you?" and you say, "Alright," you
have just consented.
If you talk to an officer consensually,
any information you give may be used against you later. Remember
that many cops are more experienced than you and know both how
to twist your words or drag information out of you. They may
even lie about what you said, so it is best to not talk to them
at all.
Police are allowed to detain you when there
are "specific and articulable facts supporting suspicion."
This means that technically, they can't stop you on a hunch.
They need to have observed something about your behavior and
character that links you with specific criminal activity to stop
or detain you. However, this is not the way it works. Police
may stop you because you look "funny," because you're
black, you're young, or you have a mohawk. If the officer approaches
you and you agree to a consensual "chat," what happens
if the officer notices spray paint on your jacket? or a bulge
in your jeans? Don't give the officer a chance to go fishing
for a reason to detain you. He may even create a reason and could
eventually arrest you -- that is why it is important to avoid
contact all together. It is also crucial that you let the officer
know that you are not "consenting" and that the only
way for him to talk to you is by detaining you.
There are some instances where the police
genuinely suspect you of something, whether you are guilty or
not, and they can detain you and find out if their suspicion
is justified. If someone robs a bank and you match their description
and are wearing a yellow shirt and green pants like they were,
there is a suspicion and you can be stopped legally. It is important
that the reason they stop you is very specific. You cannot be
legally stopped just because you are the same age and color and
gender as the suspect, but have no other similarities.
Television has made sure that we all know
what the Miranda warnings are: "You have the right to remain
silent." The Miranda ruling actully says that you must be
advised that you have the right to remain silent during questioning
and that you may have an attorney if you wish. Questioning is
when police take you into custody or otherwise deprive you of
your freedom of action in any significant way. This means that
the warnings apply when you are simply stopped on the street
and especially not when you consent to the questioning. Although
Miranda can apply to questioning that takes place outside of
the police station, Miranda warnings ONLY apply when some element
of coercion exists. Interrogation at a police station, for example,
is so frightening that an individual may be likely to be coerced
into saying something that is not true. This does not apply on
the street unless you are being arrested.
If the police have a high level of suspicion
of specific criminal activity, they may even arrest you. As part
of an arrest, they may search you. If an officer asks to search
you without first arresting you, say NO. They also have the right
to search you for weapons if they feel in danger, but they are
not allowed to search people for other items. This may include
a "pat down." You shouldn't resist but you should make
it clear that you do not consent to any further search. They
can search your further if you consent, so don't give them the
chance, even if you think you have nothing illegal on you. If
the officer asks to search you, tell him you don't have a weapon
and ask if you are under arrest or if they have a warrant. If
neither is true, tell them you'd rather not be searched. If the
cop obeys the law, you should be left alone. If you are being
arrested, you have the right to know why.
Here are a few things to remember:
* It is important to object to any searches
beyond what you know are permitted. IN some cases it may be constued
that you "consented," because you did not object. Make
it clear that you give no permission for anything
* If you are detained by a cop (he tells
you you can't go when you ask if you may leave), and he finds
nothing, report the stop to the police review commission or let
COP WATCH know if either exists in your community.
* Use your best judgement. If you run into
a really bad cop, talking back to him and standing up to your
rights might get you beaten or killed, so be careful about the
realistic limits of "the law."
* Do not interfere with or obstruct the
police, you could be arrested for it.
* Never bad mouth or talk back to a cop,
even if you think the situation is out of hand or unreasonable.
This gives them an excuse to deal with you and could lead to
your arrest. it just makes everything worse.
* The bottom line is that you should never
consent to a search or a detention. Also keep in mind that a
lot of times it will come down to your word against his, and
no law or constitution is going to help you out.
Stay tuned for later installments: in your
car and in your home, what happens when you are arrested, and
once you are taken to the police station. This information was
compiled from articles in the Shadow, Slingshot, and various
anonymous flyers, as well as from a text called Constitutional
Law for a Changing America: Rights, Liberties, and Justice; Epstein
and Walker.
SUPPORT YOUR LOCAL POICE
BEAT YOURSELF UP