The “Cold” Civil War Rages In America-In The Third Year Of The Torquemada (Oops!) Trump Regime- Immigrants, Trans-genders, DACAs, TPSers, Media People, Leftists, Hell, Liberals Know Your Constitutional Rights-It May Save Your Life

The “Cold” Civil War Rages In America-In The Third Year Of The Torquemada (Oops!) Trump Regime- Immigrants, Trans-genders, DACAs, TPSers, Media People, Leftists, Hell, Liberals Know Your Constitutional Rights-It May Save Your Life     

By Frank Jackman

Over the first year of the Trump regime as this massive control freak regime has plundered right after right, made old Hobbes’ “life is short, brutish and nasty” idea seem all too true for a vast swath  of people residing in America (and not just America either) I have startled many of my friends, radical and liberal alike. Reason? For almost all of my long adult life I have been as likely to call, one way or another, for the overthrow of the government as not. This Republic if you like for a much more equitable society than provided under it aegis. This year I have been as they say in media-speak “walking that notion back a bit.” Obviously even if you only get your news from social media or twitter feeds there have been gigantic attempts by Trump, his cronies and his allies in Congress to radically limit and cut back many of the things we have come to see as our rights in ordinary course of the business of daily life. This year I have expressed deep concerns about the fate of the Republic and what those in charge these days are hell-bend of trying to put over our eyes.

Hey, I like the idea, an idea that was not really challenged even by the likes of Nixon, Reagan and the Bushes in their respective times that I did not have to watch my back every time I made a political move. Now maybe just every move. This assault, this conscious assault on the lives and prospects of immigrants, DACAs, TPSers. Trans-genders, blacks, anti-fascists, Medicaid recipients, the poor, the outspoken media, uppity liberals, rash leftist radicals and many others has me wondering what protections we can count on, use to try to protect ourselves from the onslaught.

I, unlike some others, have not Cassandra-cried about the incipient fascist regime in Washington. If we were at that jackboot stage I would not be writing, and the reader would not be reading, this screed. Make no mistake about that. However there is no longer a question in my mind that the “cold” civil war that has been brewing beneath the surface of American society for the past decade or more has been ratchetted up many notches. Aside from preparing politically for that clash we should also be aware, much more aware than in the past, about our rights as we are confronted more and more by a hostile government, its hangers-on and the agents who carry out its mandates.

I have been brushing up on my own rights and had come across a small pamphlet put out by the American Civil Liberties Union (ACLU), a good source for such information in these times. I have placed that information below.

As the ACLU disclaimer states this information is basic, should be checked periodically for updating especially the way the federal courts up to and including the U.S. Supreme  Court have staked the deck against us of late. In any case these days if you are in legal difficulties you best have a good lawyer. The other side, the government has infinite resources, so you better get your best legal help available even if it cost some serious dough which tends to be the case these days with the way the judicial system works.

Most importantly when confronted by any governmental agents from the locals to the F.B.I. be cool, be very cool.  

Year 3-The “Cold” Civil War Rages In America-In The Second Year Of The Torquemada (Oops!) Trump Regime- Immigrants, Trans-genders, DACAs, TPSers, Media People, Leftists, Hell, Liberals Know Your Constitutional Rights-It May Save Your Life

Year 3-The “Cold” Civil War Rages In America-In The Second Year Of The Torquemada (Oops!) Trump Regime- Immigrants, Trans-genders, DACAs, TPSers, Media People, Leftists, Hell, Liberals Know Your Constitutional Rights-It May Save Your Life     

By Frank Jackman

Over the first year of the Trump regime as this massive control freak regime has plundered right after right, made old Hobbes’ “life is short, brutish and nasty” idea seem all too true for a vast swath  of people residing in America (and not just America either) I have startled many of my friends, radical and liberal alike. Reason? For almost all of my long adult life I have been as likely to call, one way or another, for the overthrow of the government as not. This Republic if you like for a much more equitable society than provided under it aegis. This year I have been as they say in media-speak “walking that notion back a bit.” Obviously even if you only get your news from social media or twitter feeds there have been gigantic attempts by Trump, his cronies and his allies in Congress to radically limit and cut back many of the things we have come to see as our rights in ordinary course of the business of daily life. This year I have expressed deep concerns about the fate of the Republic and what those in charge these days are hell-bend of trying to put over our eyes.

Hey, I like the idea, an idea that was not really challenged even by the likes of Nixon, Reagan and the Bushes in their respective times that I did not have to watch my back every time I made a political move. Now maybe just every move. This assault, this conscious assault on the lives and prospects of immigrants, DACAs, TPSers. Trans-genders, blacks, anti-fascists, Medicaid recipients, the poor, the outspoken media, uppity liberals, rash leftist radicals and many others has me wondering what protections we can count on, use to try to protect ourselves from the onslaught.

I, unlike some others, have not Cassandra-cried about the incipient fascist regime in Washington. If we were at that jackboot stage I would not be writing, and the reader would not be reading, this screed. Make no mistake about that. However there is no longer a question in my mind that the “cold” civil war that has been brewing beneath the surface of American society for the past decade or more has been ratchetted up many notches. Aside from preparing politically for that clash we should also be aware, much more aware than in the past, about our rights as we are confronted more and more by a hostile government, its hangers-on and the agents who carry out its mandates.

I have been brushing up on my own rights and had come across a small pamphlet put out by the American Civil Liberties Union (ACLU), a good source for such information in these times. I have placed that information below.

As the ACLU disclaimer states this information is basic, should be checked periodically for updating especially the way the federal courts up to and including the U.S. Supreme  Court have staked the deck against us of late. In any case these days if you are in legal difficulties you best have a good lawyer. The other side, the government has infinite resources, so you better get your best legal help available even if it cost some serious dough which tends to be the case these days with the way the judicial system works.

Most importantly when confronted by any governmental agents from the locals to the F.B.I. be cool, be very cool.  

The “Cold” Civil War Rages In America-In The Second Year Of The Torquemada (Oops!) Trump Regime- Immigrants, Trans-genders, DACAs, TPSers, Media People, Leftists, Hell, Liberals Know Your Constitutional Rights-It May Save Your Life

The “Cold” Civil War Rages In America-In The Second Year Of The Torquemada (Oops!) Trump Regime- Immigrants, Trans-genders, DACAs, TPSers, Media People, Leftists, Hell, Liberals Know Your Constitutional Rights-It May Save Your Life     

By Frank Jackman

Over the first year of the Trump regime as this massive control freak regime has plundered right after right, made old Hobbes’ “life is short, brutish and nasty” idea seem all too true for a vast swath  of people residing in America (and not just America either) I have startled many of my friends, radical and liberal alike. Reason? For almost all of my long adult life I have been as likely to call, one way or another, for the overthrow of the government as not. This Republic if you like for a much more equitable society than provided under it aegis. This year I have been as they say in media-speak “walking that notion back a bit.” Obviously even if you only get your news from social media or twitter feeds there have been gigantic attempts by Trump, his cronies and his allies in Congress to radically limit and cut back many of the things we have come to see as our rights in ordinary course of the business of daily life. This year I have expressed deep concerns about the fate of the Republic and what those in charge these days are hell-bend of trying to put over our eyes.

Hey, I like the idea, an idea that was not really challenged even by the likes of Nixon, Reagan and the Bushes in their respective times that I did not have to watch my back every time I made a political move. Now maybe just every move. This assault, this conscious assault on the lives and prospects of immigrants, DACAs, TPSers. Trans-genders, blacks, anti-fascists, Medicaid recipients, the poor, the outspoken media, uppity liberals, rash leftist radicals and many others has me wondering what protections we can count on, use to try to protect ourselves from the onslaught.

I, unlike some others, have not Cassandra-cried about the incipient fascist regime in Washington. If we were at that jackboot stage I would not be writing, and the reader would not be reading, this screed. Make no mistake about that. However there is no longer a question in my mind that the “cold” civil war that has been brewing beneath the surface of American society for the past decade or more has been ratchetted up many notches. Aside from preparing politically for that clash we should also be aware, much more aware than in the past, about our rights as we are confronted more and more by a hostile government, its hangers-on and the agents who carry out its mandates.

I have been brushing up on my own rights and had come across a small pamphlet put out by the American Civil Liberties Union (ACLU), a good source for such information in these times. I have placed that information below.

As the ACLU disclaimer states this information is basic, should be checked periodically for updating especially the way the federal courts up to and including the U.S. Supreme  Court have staked the deck against us of late. In any case these days if you are in legal difficulties you best have a good lawyer. The other side, the government has infinite resources, so you better get your best legal help available even if it cost some serious dough which tends to be the case these days with the way the judicial system works.

Most importantly when confronted by any governmental agents from the locals to the F.B.I. be cool, be very cool.  

The “Cold” Civil War Rages In America-In The Second Year Of The Torquemada (Oops!) Trump Regime- Immigrants, Trans-genders, DACAs, TPSers, Media People, Leftists, Hell, Liberals Know Your Constitutional Rights-It May Save Your Life

The “Cold” Civil War Rages In America-In The Second Year Of The Torquemada (Oops!) Trump Regime- Immigrants, Trans-genders, DACAs, TPSers, Media People, Leftists, Hell, Liberals Know Your Constitutional Rights-It May Save Your Life     

By Frank Jackman

Over the first year of the Trump regime as this massive control freak regime has plundered right after right, made old Hobbes’ “life is short, brutish and nasty” idea seem all too true for a vast swath  of people residing in America (and not just America either) I have startled many of my friends, radical and liberal alike. Reason? For almost all of my long adult life I have been as likely to call, one way or another, for the overthrow of the government as not. This Republic if you like for a much more equitable society than provided under it aegis. This year I have been as they say in media-speak “walking that notion back a bit.” Obviously even if you only get your news from social media or twitter feeds there have been gigantic attempts by Trump, his cronies and his allies in Congress to radically limit and cut back many of the things we have come to see as our rights in ordinary course of the business of daily life. This year I have expressed deep concerns about the fate of the Republic and what those in charge these days are hell-bend of trying to put over our eyes.

Hey, I like the idea, an idea that was not really challenged even by the likes of Nixon, Reagan and the Bushes in their respective times that I did not have to watch my back every time I made a political move. Now maybe just every move. This assault, this conscious assault on the lives and prospects of immigrants, DACAs, TPSers. Trans-genders, blacks, anti-fascists, Medicaid recipients, the poor, the outspoken media, uppity liberals, rash leftist radicals and many others has me wondering what protections we can count on, use to try to protect ourselves from the onslaught.

I, unlike some others, have not Cassandra-cried about the incipient fascist regime in Washington. If we were at that jackboot stage I would not be writing, and the reader would not be reading, this screed. Make no mistake about that. However there is no longer a question in my mind that the “cold” civil war that has been brewing beneath the surface of American society for the past decade or more has been ratchetted up many notches. Aside from preparing politically for that clash we should also be aware, much more aware than in the past, about our rights as we are confronted more and more by a hostile government, its hangers-on and the agents who carry out its mandates.

I have been brushing up on my own rights and had come across a small pamphlet put out by the American Civil Liberties Union (ACLU), a good source for such information in these times. I have placed that information below.

As the ACLU disclaimer states this information is basic, should be checked periodically for updating especially the way the federal courts up to and including the U.S. Supreme  Court have staked the deck against us of late. In any case these days if you are in legal difficulties you best have a good lawyer. The other side, the government has infinite resources, so you better get your best legal help available even if it cost some serious dough which tends to be the case these days with the way the judicial system works.

Most importantly when confronted by any governmental agents from the locals to the F.B.I. be cool, be very cool.  

***As The Class Struggle Heats Up And We Take Arrests-Some Important Information From The American Civil Liberties Union

Click on the headline to link to an American Civil Liberties Union (ACLU)-Massachusetts website for additional information and links to other chapters.

Markin comment:

I have crossed swords with the ACLU over their defense of "free speech" for fascists and other issues but this information is very useful as we take more arrests in our current struggles. And as the class struggle heats up and more occasions for arrest occur. We are not constrained by legalism, the ACLU's or anybody else's, in our actions, obviously, but we had better, collectively, be prepared on all fronts otherwise we will be picked off one by one.
*********
WHAT TO DO IF YOU'RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI

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.

YOUR RESPONSIBILITIES

- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter.
- Do file a written complaint or call your local ACLU if you feel your rights have been violated.

IF YOU ARE STOPPED FOR QUESTIONING

Stay calm. Don't run. Don't argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them.

Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud.

In some states, you must give your name if asked to identify yourself.
You do not have to consent to a search of yourself or your belongings, but police may "pat down" your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.

IF YOU ARE STOPPED IN YOUR CAR

Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.

Upon request, show police your driver's license, registration and proof of insurance.

If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.

Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent.

IF YOU ARE QUESTIONED ABOUT YOUR IMMIGRATION STATUS

You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)

If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.
Do not lie about your citizenship status or provide fake documents.

IF THE POLICE OR IMMIGRATION AGENTS COME TO YOUR HOME

If the police or immigration agents come to your home, you do not have to let them in unless they have certain kinds of warrants.

Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent.

Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.

IF YOU ARE CONTACTED BY THE FBI

If an FBI agent comes to your home or workplace, you do not have to answer any questions. Tell the agent you want to speak to a lawyer first.
If you are asked to meet with FBI agents for an interview, you have the right to say you do not want to be interviewed. If you agree to an interview, have a lawyer present. You do not have to answer any questions you feel uncomfortable answering, and can say that you will only answer questions on a specific topic.

IF YOU ARE ARRESTED

Do not resist arrest, even if you believe the arrest is unfair. Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. If you can't pay for a lawyer, you have the right to a free one. Don't say anything, sign anything or make any decisions without a lawyer.

You have the right to make a local phone call. The police cannot listen if you call a lawyer.

Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.

Special considerations for non-citizens:

- Ask your lawyer about the effect of a criminal conviction or plea on your immigration status.
- Don't discuss your immigration status with anyone but your lawyer.
- While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer.
- Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.

IF YOU ARE TAKEN INTO IMMIGRATION (OR "ICE") CUSTODY

You have the right to a lawyer, but the government does not have to provide one for you. If you do not have a lawyer, ask for a list of free or low-cost legal services.

You have the right to contact your consulate or have an officer inform the consulate of your arrest.

Tell the ICE agent you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.

Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S.

Remember your immigration number ("A" number) and give it to your family. It will help family members locate you.

Keep a copy of your immigration documents with someone you trust.

IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED

Remember: police misconduct cannot be challenged on the street. Don't physically resist officers or threaten to file a complaint.

Write down everything you remember, including officers' badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses. If you are injured, take photographs of your injuries (but seek medical attention first).

File a written complaint with the agency's internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

Call your local ACLU or visit www.aclu.org/profiling.

This information is not intended as legal advice.

This brochure is available in English and Spanish / Esta tarjeta tambián se puede obtener en inglés y español.
Produced by the American Civil Liberties Union 6/2010

As The Class Struggle Heats Up And We Take Arrests-Some Important Information From The American Civil Liberties Union (ACLU)-"An Injury To One Is An Injury To All"

Click on the headline to link to an American Civil Liberties Union (ACLU)-Massachusetts website for additional information and links to other chapters.

Markin comment:

I have crossed swords with the ACLU over their defense of "free speech" for fascists and other issues but this information is very useful as we take more arrests in our current struggles. And as the class struggle heats up and more occasions for arrest occur. We are not constrained by legalism, the ACLU's or anybody else's, in our actions, obviously, but we had better, collectively, be prepared on all fronts otherwise we will be picked off one by one.
*********
WHAT TO DO IF YOU'RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI

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.

YOUR RESPONSIBILITIES

- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter.
- Do file a written complaint or call your local ACLU if you feel your rights have been violated.

IF YOU ARE STOPPED FOR QUESTIONING

Stay calm. Don't run. Don't argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them.

Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud.

In some states, you must give your name if asked to identify yourself.
You do not have to consent to a search of yourself or your belongings, but police may "pat down" your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.

IF YOU ARE STOPPED IN YOUR CAR

Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.

Upon request, show police your driver's license, registration and proof of insurance.

If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.

Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent.

IF YOU ARE QUESTIONED ABOUT YOUR IMMIGRATION STATUS

You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)

If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.
Do not lie about your citizenship status or provide fake documents.

IF THE POLICE OR IMMIGRATION AGENTS COME TO YOUR HOME

If the police or immigration agents come to your home, you do not have to let them in unless they have certain kinds of warrants.

Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent.

Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.

IF YOU ARE CONTACTED BY THE FBI

If an FBI agent comes to your home or workplace, you do not have to answer any questions. Tell the agent you want to speak to a lawyer first.
If you are asked to meet with FBI agents for an interview, you have the right to say you do not want to be interviewed. If you agree to an interview, have a lawyer present. You do not have to answer any questions you feel uncomfortable answering, and can say that you will only answer questions on a specific topic.

IF YOU ARE ARRESTED

Do not resist arrest, even if you believe the arrest is unfair. Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. If you can't pay for a lawyer, you have the right to a free one. Don't say anything, sign anything or make any decisions without a lawyer.

You have the right to make a local phone call. The police cannot listen if you call a lawyer.

Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.

Special considerations for non-citizens:

- Ask your lawyer about the effect of a criminal conviction or plea on your immigration status.
- Don't discuss your immigration status with anyone but your lawyer.
- While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer.
- Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.

IF YOU ARE TAKEN INTO IMMIGRATION (OR "ICE") CUSTODY

You have the right to a lawyer, but the government does not have to provide one for you. If you do not have a lawyer, ask for a list of free or low-cost legal services.

You have the right to contact your consulate or have an officer inform the consulate of your arrest.

Tell the ICE agent you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.

Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S.

Remember your immigration number ("A" number) and give it to your family. It will help family members locate you.

Keep a copy of your immigration documents with someone you trust.

IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED

Remember: police misconduct cannot be challenged on the street. Don't physically resist officers or threaten to file a complaint.

Write down everything you remember, including officers' badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses. If you are injured, take photographs of your injuries (but seek medical attention first).

File a written complaint with the agency's internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

Call your local ACLU or visit www.aclu.org/profiling.

This information is not intended as legal advice.

This brochure is available in English and Spanish / Esta tarjeta tambián se puede obtener en inglés y español.
Produced by the American Civil Liberties Union 6/2010

As The Class Struggle Heats Up And We Take Arrests-Some Important Information From The American Civil Liberties Union (ACLU)

Click on the headline to link to an American Civil Liberties Union (ACLU)-Massachusetts website for additional information and links to other chapters.

Markin comment:

I have crossed swords with the ACLU over their defense of "free speech" for fascists and other issues but this information is very useful as we take more arrests in our current struggles. And as the class struggle heats up and more occasions for arrest occur. We are not constrained by legalism, the ACLU's or anybody else's, in our actions, obviously, but we had better, collectively, be prepared on all fronts otherwise we will be picked off one by one.
*********
WHAT TO DO IF YOU'RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI

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.

YOUR RESPONSIBILITIES

- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter.
- Do file a written complaint or call your local ACLU if you feel your rights have been violated.

IF YOU ARE STOPPED FOR QUESTIONING

Stay calm. Don't run. Don't argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them.

Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud.

In some states, you must give your name if asked to identify yourself.
You do not have to consent to a search of yourself or your belongings, but police may "pat down" your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.

IF YOU ARE STOPPED IN YOUR CAR

Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.

Upon request, show police your driver's license, registration and proof of insurance.

If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.

Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent.

IF YOU ARE QUESTIONED ABOUT YOUR IMMIGRATION STATUS

You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)

If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.
Do not lie about your citizenship status or provide fake documents.

IF THE POLICE OR IMMIGRATION AGENTS COME TO YOUR HOME

If the police or immigration agents come to your home, you do not have to let them in unless they have certain kinds of warrants.

Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent.

Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.

IF YOU ARE CONTACTED BY THE FBI

If an FBI agent comes to your home or workplace, you do not have to answer any questions. Tell the agent you want to speak to a lawyer first.
If you are asked to meet with FBI agents for an interview, you have the right to say you do not want to be interviewed. If you agree to an interview, have a lawyer present. You do not have to answer any questions you feel uncomfortable answering, and can say that you will only answer questions on a specific topic.

IF YOU ARE ARRESTED

Do not resist arrest, even if you believe the arrest is unfair. Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. If you can't pay for a lawyer, you have the right to a free one. Don't say anything, sign anything or make any decisions without a lawyer.

You have the right to make a local phone call. The police cannot listen if you call a lawyer.

Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.

Special considerations for non-citizens:

- Ask your lawyer about the effect of a criminal conviction or plea on your immigration status.
- Don't discuss your immigration status with anyone but your lawyer.
- While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer.
- Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.

IF YOU ARE TAKEN INTO IMMIGRATION (OR "ICE") CUSTODY

You have the right to a lawyer, but the government does not have to provide one for you. If you do not have a lawyer, ask for a list of free or low-cost legal services.

You have the right to contact your consulate or have an officer inform the consulate of your arrest.

Tell the ICE agent you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.

Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S.

Remember your immigration number ("A" number) and give it to your family. It will help family members locate you.

Keep a copy of your immigration documents with someone you trust.

IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED

Remember: police misconduct cannot be challenged on the street. Don't physically resist officers or threaten to file a complaint.

Write down everything you remember, including officers' badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses. If you are injured, take photographs of your injuries (but seek medical attention first).

File a written complaint with the agency's internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

Call your local ACLU or visit www.aclu.org/profiling.

This information is not intended as legal advice.

This brochure is available in English and Spanish / Esta tarjeta tambián se puede obtener en inglés y español.
Produced by the American Civil Liberties Union 6/2010

As The Class-War Heats Up-From The Occupy Boston Website-For The FrontLine Fighters Of The Occupation Movement- Legal FAQ-Know Your Rights: Demonstrations and Protests

Markin comment:

Some of this relates specifically to Massachusetts law but most of it is useful for other jurisdictions as well, particularly regarding First Amendment rights.

Legal FAQ-Know Your Rights: Demonstrations and Protests

General guidelines

Can my free speech be restricted because of what I say — even if it is controversial?

No. The First Amendment prohibits restrictions based on the content of speech.However, this does not mean that the Constitution completely protects all typesof free speech activity in every circumstance. Police and government officials areallowed to place certain non-discriminatory and narrowly drawn “time, place andmanner” restrictions on the exercise of First Amendment rights.

Where can I engage in free speech activity?

Generally, all types of expression are constitutionally protected in traditional“public forums” such as streets, sidewalks and parks. In addition, your speechactivity may be permitted to take place at other public locations which the government has opened up to similar speech activities, such as the plazas in front of government buildings.

What about free speech activity on private property?

The general rule is that free speech activity cannot take place on private property absent the consent of the property owner. There may be exceptions in Massachusetts for large shopping malls, but these generally apply only to
obtaining signatures relating to elections.

Do I need a permit before I engage in free speech activity?

Not usually. However, certain types of events require permits. Generally, these events are:

1) a march or parade that does not stay on the sidewalk and other events thatrequire blocking traffic or street closure;
2) a large rally requiring the use of sound amplifying devices; or
3) a rally at certain designated parks or plazas, such as the Boston Common.

Many permit procedures require that the application be filed several weeks in advance of the event. However, the First Amendment prohibits such an advance notice requirement from being used to prevent rallies or demonstrations that are rapid responses to unforeseeable and recent events. Also, many permit ordinances give a lot of discretion to the police or city officials to impose conditions on the event, such as the route of a march or the sound levels of amplification equipment. Such restrictions may violate the First Amendment if they are unnecessary for traffic control or public safety, or if they interfere significantly with effective communication with the intended audience. A permit cannot be denied because the event is controversial or will express unpopular views.

Specific problems

If organizers have not obtained a permit, where can a march take place?
If marchers stay on the sidewalks and obey traffic and pedestrian signals, their activity is constitutionally protected even without a permit. Marchers may be required to allow enough space on the sidewalk for normal pedestrian traffic and may not maliciously obstruct or detain passers-by.

May I distribute leaflets and other literature on public sidewalks?

Yes. You may approach pedestrians on public sidewalks with leaflets,
newspapers, petitions and solicitations for donations without a permit. Tablesmay also be set up on sidewalks for these purposes if sufficient room is left for pedestrians to pass. These types of free speech activities are legal as long as entrances to buildings are not blocked and passers-by are not physically and maliciously detained. However, a permit may be required to set up a table.

Do I have a right to picket on public sidewalks?

Yes, and this is also an activity for which a permit is not required. However, picketing must be done in an orderly, non-disruptive fashion so that pedestrians can pass by and entrances to buildings are not blocked.

Can government impose a financial charge on exercising free speech
rights?

Some local governments have required a fee as a condition of exercising free
speech rights, such as application fees, security deposits for clean-up, or
charges to cover overtime police costs. Charges that cover actual administrative costs have been permitted by some courts. However, if the costs are greater because an event is controversial (or a hostile crowd is expected) – such as requiring a large insurance policy – then the courts will not permit it. Also,regulations with financial requirements should include a waiver for groups that cannot afford the charge, so that even grassroots organizations can exercise their free speech rights. Therefore, a group without significant financial resources should not be prevented from engaging in a march simply because it cannotafford the charges the City would like to impose.

Do counter-demonstrators have free speech rights?
Yes.
Although counter-demonstrators should not be allowed to physically disrupt
the event they are protesting, they do have the right to be present and to voicetheir displeasure. Police are permitted to keep two antagonistic groups separated but should allow them to be within the general vicinity of one another.

Does it matter if other speech activities have taken place at the same
location in the past?

Yes. The government cannot discriminate against activities because of the
controversial content of the message. Thus, if you can show that similar events to yours have been permitted in the past (such as a Veterans or Memorial Day parade), then that is an indication that the government is involved in selective enforcement if they are not granting you a permit.

What other types of free speech activity are constitutionally protected?

The First Amendment covers all forms of communication including music,
theater, film and dance. The Constitution also protects actions that symbolically express a viewpoint. Examples of these symbolic forms of speech include wearing masks and costumes or holding a candlelight vigil. However, symbolic acts and civil disobedience that involve illegal conduct may be outside the realm of constitutional protections and can sometimes lead to arrest and conviction.Therefore, while sitting in a road may be expressing a political opinion, the act of blocking traffic may lead to criminal punishment.

What should I do if my rights are being violated by a police officer?

It rarely does any good to argue with a street patrol officer. Ask to talk to a supervisor and explain your position to him or her. Point out that you are not disrupting anyone else’s activity and that your actions are protected by the First Amendment. If you do not obey an officer, you might be arrested and taken from the scene. You should not be convicted if a court concludes that your First Amendment rights have been violated.

A wallet-sized card containing more practical suggestions about encounters with police officers is available in English and Spanish from the ACLU of
Massachusetts. The ACLU has recently published a “Know Your Rights”
pamphlet that explains your rights if you are stopped by the police, the FBI, the INS or the Customs Service. It is available in English, Arabic, Spanish, Farsi, Hindi, Urdu, and Punjab. You can obtain copies of the pamphlet by calling the ACLU of Massachusetts at 617-482-3170.

Photos and Videos: Taking photographs and video of things that are plainly visible in public spaces is a constitutional right — and that includes the outside of federal buildings, as well as transportation facilities, and police and other government officials carrying out their duties.

However, there is a widespread, continuing pattern of law enforcement officers ordering people to stop taking photographs or video in public places, and harassing, detaining and arresting those who fail to comply… Know your rights. Look at what the ACLU has. Click for more.

Dealing with Law Enforcement: US Day of Rage posted the contents of a PDF from Midnight Special Law Collective. Highlights include information on how to handle yourself under questioning, Miranda Rights, and search procedures.

There are three basic types of encounters with the police: Conversation, Detention, and Arrest.

Conversation: When the cops are trying to get information, but don’t have enough evidence to detain or arrest you, they’ll try to weasel some information out of you. They may call this a “casual encounter” or a “friendly conversation”. If you talk to them, you may give them the information they need to arrest you or your friends. In most situations, it’s better and safer not to talk to cops.

Detention: Police can detain you only if they have reasonable suspicion (see below) that you are involved in a crime. Detention means that, though you aren’t arrested, you can’t leave. Detention is supposed to last a short time and they aren’t supposed to move you. During detention, the police can pat you down and go into your bag to make sure you don’t have any weapons. They aren’t supposed to go into your pockets unless they feel a weapon.

If the police are asking questions, ask if you are being detained. If not, leave and say nothing else to them. If you are being detained, you may want to ask why. Then you should say the Magic Words: “I am going to remain silent. I want a lawyer” and nothing else.

A detention can easily turn into arrest. If the police are detaining you and they get information that you are involved in a crime, they will arrest you, even if it has nothing to do with your detention. For example, if someone gets pulled over for speeding (detained) and the cop sees drugs in the car, the cops will arrest her for possession of the drugs even though it has nothing to do with her getting pulled over. Cops have two reasons to detain you: 1) they are writing you a citation (a traffic ticket, for example), or 2) they want to arrest you but they don’t have enough information yet to do so.

Arrest: Police can arrest you only if they have probable cause (see below) that you are involved in a crime. When you are arrested, the cops can search you to the skin and go through you car and any belongings. By law, an officer strip searching you must be the same gender as you.
If the police come to your door with an arrest warrant, go outside and lock the door behind you. Cops are allowed to search any room you go into, so don’t go back into the house for any reason. If they have an arrest warrant, hiding won’t help because they are allowed to force their way in if they know you are there. It’s usually better to just go with them without giving them an opportunity to search.

OTHER THINGS TO KNOW:

Definitions of:

1. Assault An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law. There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery.

Statutory definitions of assault in the various jurisdictions throughout the United States are not substantially different from the common-law definition.

Generally, the essential elements of assault consist of an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim.

The act required for an assault must be overt. Although words alone are insufficient, they might create an assault when coupled with some action that indicates the ability to carry out the threat. A mere threat to harm is not an assault; however, a threat combined with a raised fist might be sufficient if it causes a reasonable apprehension of harm in the victim.

2. Battery Battery is concerned with the right to have one’s body left alone by others. Battery is both a tort and a crime. Its essential element, harmful or offensive contact, is the same in both areas of the law. The main distinction between the two categories lies in the penalty imposed. A defendant sued for a tort is civilly liable to the plaintiff for damages. The punishment for criminal battery is a fine, imprisonment, or both. Usually battery is prosecuted as a crime only in cases involving serious harm to the victim.

Mass General Law on Assault & Battery

Section 13A. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 2 1/2 years in a house of correction or by a fine of not more than $1,000.

A summons may be issued instead of a warrant for the arrest of any person upon a complaint for a violation of any provision of this subsection if in the judgment of the court or justice receiving the complaint there is reason to believe that he will appear upon a summons.

(b) Whoever commits an assault or an assault and battery:

(i) upon another and by such assault and battery causes serious bodily injury;

(ii) upon another who is pregnant at the time of such assault and battery, knowing or having reason to know that the person is pregnant; or

(iii) upon another who he knows has an outstanding temporary or permanent vacate, restraining or no contact order or judgment issued pursuant to section 18, section 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 or 20 of chapter 209C, in effect against him at the time of such assault or assault and battery; shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 2 1/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.

(c) For the purposes of this section, “serious bodily injury” shall mean bodily injury that results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.
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Also, it cannot be overstated how important it is for each individual to be aware of their 5th Amendment rights. For those who will be caught up in an arrest situation, it is very important that 5th Amendment rights are exercised. Every defense attorney will advise you this.