

| Subject: | Re: trailer lights; rap 420 |
| From: | Doug |
| Date: | Sun, 14 May 2006 11:37:25 -0400 |
Thanks, John, I appreciate the info! Doug in CT John C. wrote: > Rap 420 > This rap sheet has been prepared to help you stay out of jail. In the past, > rainbow gatherings have been the target of unjustified police influence and > harassment, often illegal. Many of the brothers and sisters that have been > arrested in the past could have completely avoided wasted jail time and expensive > court dates if they had just known a few of their basic rights. This rap sheet > is a tool. Read and understand it and next time YOU will have the upper hand in > the situation. > ROADBLOCKS (DUI CHECKPOINTS, ETC.) > When heading to a gathering, ALWAYS assume you will run into a roadblock on > the way in. It is very important that you know your rights before reaching the > roadblock because this is where most of the coercive tactics and encroachments > of rights will take place. > Law enforcement officers are trained to intimidate people into consenting to > searches. You may be asked SEVERAL times during the detention if they can > search your car or person. ALWAYS refuse and you�ll be fine. The only legal reason > they have to search you without arrest is that they feel they are in danger > of being attacked which should not be an issue with rainbows. > If you do find yourself under arrest for any reason, always exercise your > right to silence. Continue to refuse to allow any searches and politely inform > them that you will not say anything until your attorney is present. > Your driver's license, registration and proof of insurance should be legal > and accessible. You will sometimes need all three as the requirement laws vary > from state to state. Always assume that you need all three and you'll never > have a problem. > Your car must be road-legal. No broken tail-lights, windshields,headlights, > etc. You will be cited for these. > Never leave anything in "plain view." Anything inside the car that is visible > to the officer is considered to be in "plain view." Although this does not > give them the right to search your car, they can confiscate the item and place > you under arrest. They will still need to obtain a warrant to search the rest > of your car which will not be very hard if they found something in plain view. > Never consent to a search of your body or your vehicle. This is your fourth > amendment. The only reason they would ask is that they do not have enough > evidence to obtain a search warrant (or they may just be too lazy to get one). JUST > SAY NO!! > At rainbow gatherings in the past, officers have been known to plant drugs in > cars after consent to search is given. You can avoid this problem by refusing > to consent. > If you are harassed or mistreated, write down all the information you can > about the incident. The officer's county, name, rank, badge number, etc. Date, > time of day, location, etc. Contact one of the organizations listed at the end > of this document to pursue the matter or just file a complaint with that > officer's superior. > OTHER POLICE CONTACT > It is important to remember a few things about police officers. One is that > they are aware of your rights and they have been known to intentionally violate > them. If you find yourself in a situation with an officer who is out of > control, it is best to be submissive in order to avoid injury or even death. > Remember that THEY are ARMED AND DANGEROUS! > If you are stopped by an officer outside of a vehicle, your contact with > him/her will fall into three categories. Consensual contact, detention or arrest. > We are mainly concerned with consensual contact and detention as this document > is intended to help you in NOT GETTING ARRESTED. > CONSENSUAL CONTACT > Consensual contact means the officer comes up to you and says, Can I speak > with you?" If you say "yes," you have consented to have contact with the police. > This is not good. When you consent to contact, you waive some of your rights > especially if you think you may be guilty of something. NEVER consent to speak > with an officer. > If the officer asks, "can I talk to you," reply with something like "I'm > sorry, I'm in a hurry and don't have time to talk to you right now." If he/she > insists, ask, "Are you detaining me? Am I free to leave?" You should ask this > several times to make sure the officer will remember you asking if the encounter > results in an arrest and court case. If it is really a consensual contact, the > officer is required to let you go on your way if you ask to. If you don't > verbally ask to leave, the court will presume you consented to whatever follows. > DETENTION > The police are only allowed to detain citizens when there are "specific and > articulable facts supporting suspicion" (SAF) that you are involved in criminal > activity. > This means they can't detain you on a "hunch." They must have observed > something about your behavior or character that links you with specific criminal > activity. If you are detained without SAF, you are detained illegally. If this > matter ever lands in court, you may be able to get off because the original > detention on their part was illegal. > When you use terms like "detention" and "specific and articulable facts�, the > officer will usually back down a bit. The majority of a police officer�s > power in the united states comes from intimidation and prey on the public�s > ignorance of its own rights. > It is crucial that you let the officer know that you are not consenting to > talk with him and that the only way you will talk to him is if he detains you > which he can not do without SAF. > ARREST > If you find yourself under arrest, there's not much left you can do. You are > going to be searched. It is important to continue refusing consent to search > your vehicle (if there is one involved) as they will still need a search > warrant to search your vehicle. This, however, will not be difficult to obtain now > that you are under arrest. > By refusing to consent to a search of your vehicle, though, you are > maintaining your position. They may get impatient and search the vehicle without a > warrant which is completely illegal. If this happens, anything they find in the > vehicle will not be accepted by the court because it was evidence obtained > illegally. > Those are the basics rights you have when involved with the police. By > exercising these rights and using a little common sense, you should be able to have > a safe and happy gathering. Below are some legal contacts you may find > yourself in need of if placed under arrest. > For everyday police harassment, call COPWATCH at 510/548-0425. > If you feel your rights were violated or that you are being charged unjustly, > contact the National Office of The American Civil Liberties Union at 132 West > 43rd Street, New York, NY 10036. or call 212-944-9800. > Love your brothers & sisters with guns even when they are misguided. > Know your rights. Spread the light. > > peaceout, > John C... > SLC, UT... > 85 Westy; Sitar > >
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