Know your rights
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KNOW YOUR RIGHTS. Know your basic rights. 1st Amendment: you have the right to assemble 4th Amendment: protection against unreasonable search and seizure 5th Amendment: protection against self-incrimination

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KNOW YOUR RIGHTS

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Know your rights

KNOW YOUR RIGHTS


Know your basic rights

Know your basic rights

  • 1st Amendment: you have the right to assemble

  • 4th Amendment: protection against unreasonable search and seizure

  • 5th Amendment: protection against self-incrimination

  • 6th Amendment: you have the right to a speedy and public trial, you have the right to an attorney

  • 8th Amendment: protection from excessive bail and cruel and unusual punishment


Three types of stops

Three types of stops

1. Consensual- ask “Am I free to go?”

2. Detention- based on reasonable suspicion, required to tell name and address but otherwise don’t talk, cops can pat search but do not consent to bag/pockets search. Search clause: if you are a parolee, you may be searched.

3. Arrest- based on probable cause (evidence), this can be in the form of a citation or custody, you have the right to know why you are being arrested, you have the right to appear before a judge (habeus corpus).


Three types of violations

Three types of violations

  • Infractions- fine only, right to a judge, no jury though

  • Misdemeanor- fine and/or jail up to a year, right to a judge and jury

  • Felony- fine and/or jail longer than a year


Three types of police misconduct

Three types of Police Misconduct

  • Violations of Law- corruption, excessive force

  • Violations of Policy- tasers, identity, each dept. has unique policies and procedures

  • Unjust Laws- anti-homeless, selective enforcement (i.e. racial profiling)


Youth rights

Youth Rights

  • Youth have the same rights protected in the Constitution

  • Parent/guardian must be contacted within 1 hour of arrest

  • Not required to consent to search

  • Car/locker on school property is subject to search


Vehicles

Vehicles

  • Don’t confess guilt

  • “Plain view” protocol

  • Role of officer discretion

  • If they are asking for it, it means they need permission- just say NO!

  • Can search car if the arrest is near and car may have evidence in it


Right to watch

Right to Watch

  • P.C. 148- Interfering/obstructing/delaying an officer on duty

  • Right to watch- 1st Amendment

  • Right to video- cops have no right/expectation of privacy

  • P.C. 830.10- Cops must be identified by name or number


When copwatching

When Copwatching...

Do…

  • Get badge #, dept., and name of officers

  • Video/document incident, write narrative

  • Speak with witnesses and get contact info

  • Photograph/document injuries

  • Keep calm, use polite language, slow movements, visibility to de-escalate

  • Use California Public Records Act to get documents. Federal equivalent is Freedom of Information Act (FOIA)

  • Be an organizer

  • Assert your rights!


When copwatching1

WhenCopwatching...

Don’t…

  • Bring weapons/drugs

  • Drink/use drugs

  • Warn people cops are coming

  • Run or move suddenly

  • Videotape if victim doesn’t want you to

  • Escalate the situation

  • Interfere with police activity

  • Conceal your hands


When cops abuse

When Cops Abuse

  • Police Review Commission

  • Sue in Civil Court

  • Criminal Charges

  • Bad Publicity

  • Community Organizing

  • Copwatch


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