Know Your Rights: Dealing with the Cops

I despise the existence of cops. Plain and simple. You know my bias from the beginning, but I will try not to let that bias come through too much. My purpose here is to pass along some useful information.

Cops are not your friends. An individual police officer may be friendly, but that’s more a testament of their personal character and forces me to wonder “Why the fuck did s/he become a cop!?” Cops do not serve the people; they are the enemies of freedom and individuality. Their purpose is to maintain a hierarchical system based on subordination and to reinforce capitalism. I do not dislike individual cops because of the individual, but because that individual chose to support a system that is flawed and serves only to help the richest white individuals and corporations.

Regardless of how much I dislike the cops; I know that when they confront me, I need to act meek. “Yes sir.” “No, ma’am.” “No, I have no idea why you’re pulling me over.” Interaction with the cops is virtually unavoidable. If you are ever in a car there’s a chance you will be pulled over. Don’t have a car? Well, you’ll probably be stopped for hitchhiking in the wrong place, or biking where you are not supposed to bike. Or maybe you will happen to be in the wrong place at the wrong time and a cop will stop you and ask what you know, why you’re at the scene of the crime. Or maybe because s/he doesn’t like the way you look. Or maybe… the list goes on. What’s most important is that you know your rights when being confronted by the police.

In general, there are two key phrases you need to know.

The first is: “I am going to remain silent. I want to see a lawyer.”

Now, I know what you’re thinking. Why would I advocate speaking to a lawyer? Well, this is an extenuating circumstance. Invoke your Miranda Rights [1] by not speaking and demanding a lawyer. This way, the cop cannot use you against yourself. Plus, a lawyer will know the law better than any given individual, no matter how well informed we try to be.

An officer may not use your refusal to speak as an admittance of guilt. Probably, the cop will continue to ask you seemingly harmless questions. Do not answer them! Just repeat that you are going to remain silent and that you want to see a lawyer. The only thing that will come of you talking to cops is giving them more information than they originally had. Remember “Anything you say can and WILL be used against you” (emphasis mine).

The second key phrase is: “I do not consent to a search.”

Even if they have a search warrant, still use this phrase. You will never lose anything by invoking your right not to be searched. Plus, if they have a search warrant, and things are not totally in order, or if they search you without a warrant anyways, anything they find will be inadmissible in court.

It is important to remember that you need to state clearly, politely, and firmly that you do not consent to a search. In those terms. If you are not clear and do not stand your ground on this, the cops will do their best to get a casual consent. If a cop comes to your house, quickly exit and close the door behind you, assess what they want from outside, then invoke your key phrases as needed. If a cop asks you to step out of your vehicle, remember to close the door, or it may be seen as a form of consenting to a search. And always remember key phrase number 1, “I am going to remain silent. I want to see a lawyer.” If you are being detained, the only information you must give them is your name, address, age, birthday, and social security number until a lawyer arrives and advises you what to say.

These two phrases will help a lot. Though, not all cops will honor your rights. In these instances, stand as firm as possible in your refusal to speak. Even if you started speaking, you may invoke your Miranda Rights at any moment, and from that point forward you do not have to answer anything until your lawyer arrives.

It is also helpful to understand the different type of interactions with police. Midnight Special suggest 3 types of interactions:

1 ) Conversation: the cops are trying to get info and can’t soundly connect you to anything.

2 )  Detention: the cops had reasonable suspicion to hold you for questioning and you cannot leave. “Reasonable suspicion” means that the cop must be able to logically articulate why they are holding you.

3 ) Arrest: You can only be arrested when the cops have probable cause, meaning that they have more than reasonable suspicion. In other words, they have to be able to connect you to a crime to arrest you.

If you are arrested, you can still invoke your right to silence. At this point, the cops will do anything they can to get you to admit to committing a crime. They may use good cop/bad cop routine (remember, there is no such thing as a cop who is your friend), say they have some circumstantial evidence (which is most likely shaky at best; if it was a solid defense they would not have to question you), threaten a polygraph (lie detector) test, or one of their myriad other tactics. There is one surefire way to hold your ground, and that is to not speak.

Moreover, if you are involved in activism and direct action, be aware that a cop who has infiltrated your organization or who is undercover in the midst of protestors and activists does not have to identify him or herself. They can use many tactics to get you to get you to commit a crime without it being considered entrapment. (For instance, a Narc may take drugs so as to not blow their cover.) Just because they’re doing something illegal doesn’t mean they can’t and won’t nail you on the same activities. Be smart; don’t talk about illegal activity with those you don’t trust.

These may not apply to non-citizens or “illegal” immigrants. I am not totally sure and do not want to speak about anything I do not know about. There should be resources available on the internet regarding “illegal” immigrants’ rights when dealing with the cops. (If you do know resources, please post them in the comments!)

There are several resources available online concerning your rights when dealing with cops. Here are a few that I have consulted:

“Flex Your Rights” is a DVD you can purchase about knowing your rights when dealing with cops. However, there is also an FAQ on the website with concise chunks of information, as well as small video clips and some lectures about civilian rights when dealing with cops. You can check that out here: http://www.flexyourrights.com/

“Anarchist Survival Guide for Understanding Gestapo Swine Interrogation Mind Games” “Subtitle: Staying Free By Shutting the Fuck Up!” By Anarchist Author, Poet, Jailhouse Lawyer & Prisoner Harold H. Thompson. This is a pamphlet about, well about exactly what the title says. It stresses the importance of staying silent and goes over several police tactics.

“Dealing With Police” is a short, 4 page informational sheet from Midnight Special, a now-defunct legal collective. They have several resources available here: http://www.midnightspecial.net/materials/.

The Zine Library has a wide collection of articles, pamphlets, posters…etc. on prisons and police here: http://zinelibrary.info/english/prisons-and-police

A flyer from  The Zine Library: http://zinelibrary.info/files/enemies-police-v2.pdf

Injustice Everywhere: The National Police Misconduct Statistics and Reporting Project. http://www.injusticeeverywhere.com/

I realize that this article could cover many, many more aspects of dealing with cops. However, in most people’s daily lives, I feel that these key phrases and links will be the most useful. Feel free to suggest other tips for dealing with cops in the comments.

Oh yeah, and one final note, the key phrases above also work with any government agency (FBI, ICE, CIA…etc.).

[1] Interesting thing I learned about your Miranda Rights while looking up information about civilian rights when dealing with cops. Contrary to popular thought, a cop does not have to read you your Miranda Rights as soon as you are arrested. “The only time an officer must read a person his or her Miranda rights is when: (1) the person has been placed under arrest, AND (2) the officer is about to question the person about a crime” (http://flexyourrights.org/faq). Also, for those of you who may not recall exactly what the Miranda warning is, it reads, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?”


- t h e  g a d f l y


-----


March 15 is the International Day Against Police Brutality. In the US, we may have a day reserved on October 22nd, but that does not mean that we should not support others on this day. Fuck police brutality. And fuck police. The cops are not your friends. http://en.wikipedia.org/wiki/List_of_cases_of_police_brutality