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The Law and Your Community by National Organization of Black Law Enforcement Executives (NOBLE). DISCLAIMER THE EXPLANATIONS PROVIDED THROUGHOUT THIS PRESENTATION ARE NOT INTENDED TO BE PRECISE RECITATIONS OF THE LAW, BUT INSTEAD ARE LOOSE, WORST-CASE SCENARIO EXPLANATIONS OF
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The Law and Your Community by National Organization of Black Law Enforcement Executives (NOBLE)
DISCLAIMER THE EXPLANATIONS PROVIDED THROUGHOUT THIS PRESENTATION ARE NOT INTENDED TO BE PRECISE RECITATIONS OF THE LAW, BUT INSTEAD ARE LOOSE, WORST-CASE SCENARIO EXPLANATIONS OF THE LAW. WE ARE NOT PROVIDING LEGAL COUNSEL IN THIS PRESENTATION AND ARE NOT ATTEMPTING TO PROVIDE LEGAL ADVICE. WE RECOMMEND YOU CONTACT A PERSONAL CRIMINAL ATTORNEY WITH RESPECT TO ANY AND ALL THE SUBJECT MATTER OF THIS PRESENTION IF YOU FIND YOURSELF IN LEGAL TROUBLE.
WHY ARE WE HERE? To Discuss: • Law Enforcement & Community Policing • Law Enforcement Rules of Engagement • Acts and Decisions That Make a Person a Criminal • Democracy & Laws
DIRE SITUATION • A black male born in 1991 has a 29% chance of spending time in prison at some point in his life. • Nearly one in three African American males ages 20–29 are under some form of criminal justice supervision whether imprisoned, jailed, on parole or probation. • One out of nine African American men will be incarcerated between the ages of 20 and 34. • Black males ages 30 to 34 have the highest incarceration rate of any race/ethnicity.
POLICE PERCEPTION VERSUS REALITY • Law enforcement is both a difficult and dangerous profession. Consequently, the officers may maintain a defensive posture until they believe that the risk of confrontation or injury is diminished. • As a result, there is sometimes a breakdown in communication between law enforcement officials and the public, especially young adults. • The public perception of law enforcement is vitally important. Police safety and the ability of law enforcement to keep us safe rely heavily on the cooperation of the local community with law enforcement, and vice versa.
One Solution: Community Oriented Policing • Community policing allows officers to demonstrate their support for the community. Residents and officers are allies. • Community policing demands that officers interact with people who live or work in neighborhoods that they patrol. Officers are trained to communicate with people, solve community problems and develop an appreciation of cultural and ethnic differences. • Community policing emphasizes the importance and value of human life. Deadly force is reserved strictly for when an officer’s life or the life of a citizen is at risk.
RECOMMENDED PRACTICES Do you know the difference between negative attention and positive attention? What are some things that you can do that draw positive attention from people in the community? Can you think of some things that a person might do that could bring negative attention to him or her?
RECOMMENDED PRACTICES DO NOT BRING ATTENTION TO YOURSELF!
RECOMMENDED PRACTICES If you are stopped, questioned or detained by a law enforcement official: • Approach him or her with respect. • Retain your composure and conduct yourself in a mature manner. Avoid any action or language that might trigger a more volatile situation, possibly endangering your life or personal well-being. • Remember, your priority should be to alleviate or minimize the potential charges and/or use of excessive force against you.
RECOMMENDED PRACTICES TIPS – IF YOU ARE STOPPED IN THE STREET • Remember, you are not required to give testimony against yourself. You have Fifth Amendment rights. • Do not “bad mouth” or walk away from law enforcement officials, even in instances where you feel they are wrong. If the police officer behaves inappropriately, report his or her misconduct to a superior officer at a later time. • Obey all requests made of you unless the request poses a risk to your personal safety or well-being. In that case, ask for a meeting with the officer’s supervisor.
RECOMMENDED PRACTICES TIPS – IF YOU ARE STOPPED IN YOUR CAR • Slow down; pull over safely when you can. If the police vehicle is unmarked and you cannot identify the driver as a uniformed police officer, drive below the speed limit to a well-lit, populated spot and then pull over. • Stay in the driver’s seat with both hands in sight on the steering wheel. Do not exit your car unless asked to do so. Turn on your interior light if stopped at night. • If your driver’s license and/or registration are in the glove box or under the seat, state that and then retrieve them slowly.
RECOMMENDED PRACTICES TIPS – IF YOU ARE STOPPED IN YOUR CAR (Continued) • Get out of the automobile if asked to do so. • If you believe you have been treated unfairly, present your case in traffic court and not to the officer along the roadside.
RECOMMENDED PRACTICES TIPS – IF LAW ENFORCEMENT COMES TO YOUR DOOR • First, make sure each individual is really a law enforcement representative by requesting to see a badge and/or identification card. Be pleasant but serious. • Determine the type of warrant — body or search. A body warrant means that the officers are seeking an individual and, therefore, cannot search drawers and places not large enough for an individual to hide. A search warrant allows officers to search all places in which the items listed on the warrant can be hidden.
POLICE ENCOUNTERS • Certain rights kick in when you are under arrest. • It is important to know when you are under arrest because of those rights that kick in. • The best way to find out if you’re under arrest when the police start questioning you is to ASK!
POLICE ENCOUNTERS TIPS – IF YOU ARE ARRESTED • NOTE: A lawyer should be called as soon as possible. • Ask to telephone your parent, guardian, or lawyer immediately. You have the right to make one phone call to the person of your choice; use it. • You should always have the number of a lawyer or a person you can rely on to get you an attorney if your lawyer is unavailable. Keep a record of that number. • Remember: anything you say can and will be used against you.
POLICE ENCOUNTERS • Always be careful about answering questions. Be direct, honest and truthful when answering questions. If you don’t know, say you don’t know. • When you are under arrest, you have the right to remain silent. • When you are under arrest, you have the right to have an attorney present when the police start to question you.
HANDLING OFFICER MISCONDUCT TIPS – OFFICER MISCONDUCT AND YOUR RESPONSE • The police officer usually does not want to detain you any longer than necessary. A few minutes of cooperation will speed up the process and get you on your way. • Control your emotions. • Do not make threatening motions or statements to the officers talking to you. • Always note the name of the officers with whom you come in contact. • Report cases of officer misconduct immediately following your release from police custody. • Record, document and describe any case of officer misconduct in a typewritten statement and have notarized within 72 hours.
FILING A COMPLAINT ON OFFICER MISCONDUCT • Obtain basic information on police officer without being too obvious. (Name, badge number, vehicle number). • Obtain basic information about incident (what, when and where). • Contact agency where officer is employed. The agency should have an office of professional standards/conduct or internal affairs office where citizen complaints are handled. • Citizen complaints are deemed official when a written statement is made and submitted. The statement should be true and as accurate as possible. Consider making a draft statement initially for personal review. Investigators may have additional questions to ask. Keep a copy of the statement.
FILING A COMPLAINT ON OFFICER MISCONDUCT (Continued) • Obtain a reasonable time from investigator for status follow-up and do so. • Consider contacting city or county executive offices or local elected official's office if there is unsatisfactory follow-up from law enforcement agency. • Keep accurate accounts of follow up and status details (dates, times, persons talked to, status overview. • Consider the advice or consulting an attorney in extraordinary circumstances or if you feel that legal advice may be appropriate.
FILING A COMPLAINT ON OFFICER MISCONDUCT (Continued) • If an incident of wrongdoing is not reported; then the opinion can be drawn that nothing happened. • The filing of an official complaint becomes 'a matter of public record. • Complaints when reviewed by agencies; assist with determining possible corrective action, discipline, training needs and public perception of law enforcement agency.
FILING A COMPLAINT ON OFFICER MISCONDUCT (Continued) • Official complaints can be subsequently used in future civil or criminal litigation in substantiated instances of wrongdoing. • Citizen complaints can play a vital role in subsequent policy changes or modifications. These actions can be tied to mitigating or assisting in lawsuits that ultimately cost taxpayers. • Complaints can be a gateway to learning more about law enforcement procedures, due process and subsequent citizen engagement.
WRAP UP • Be careful of your associations and interactions with friends. • DO NOT draw negative attention to yourself. • THINK about the consequences of your actions! • CARE about the consequences of your actions! • Be cautious, polite, and remember your rights when encountering the police.
