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

• 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

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

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

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

3. Felony- fine and/or jail longer than a year

Three types of Police Misconduct

1. Violations of Law- corruption, excessive force

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

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

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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

• 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

• 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...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 Copwatching...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

• Police Review Commission• Sue in Civil Court• Criminal Charges• Bad Publicity• Community Organizing• Copwatch

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