top
Indybay
Indybay
Indybay
Indybay
Indybay
Regions
Indybay Regions North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area California United States International Americas Haiti Iraq Palestine Afghanistan
Topics
Newswire
Features
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature

Two-minute legal primer for antiwar marchers

by justicescholar
Taking two minutes now to read this could possibly save you or a friend from a citation, jail, or injury.
Although I understand that most members of SFPD have been accommodating and helpful regarding the marches, it is plain that not all of them feel so warmly inclined to peace activists.

Here are some quick rules. If you want more information, go to http://www.nlg-la.org/legal_observers.htm. All participants in protests and rallies should read this material. Just do it now!

1. Do not speak to the police when at a march if they come up to "chat" with you. They don't mean you well. Unless you are in some kind of formal relationship with them, e.g. march organizer with whom they have been working, simply ask if you are free to go. You do not want to end up with a citation or arrest just for making an innocent comment. It is legal for them to trick you into saying something. Caveat: we do not in any way recommend that you obstruct an investigation or refuse to cooperate with the police for legitimate aims. There is simply no reason, however, to participate in a fishing expedition.

If the officer says you are free to go, just walk away. If the officer says you are not free to go, then ask if you are being detained. If the officer states that you are being detained, then you state that you do not want to speak to him/her without a lawyer. Talking cannot help you and will likely hurt you at this point, so DON'T TALK. This applies regardless of how innocent you feel.

These rights are all part of the Constitution. You do not have to incriminate yourself under the Fifth Amendment. You have the right to remain silent under Miranda. These protections were developed to protect innocent people. Use them!

2. Do not share details of events involving the police with persons not concerned until you have clearance from an attorney. General statements are fine, but do not provide specifics that you can use to your advantage later in your defense, or someone else might be able to use.

3. If you see someone trying to provoke you or your fellow peace activists at a march, stay nearby. Make notes about that person's physical characteristics. Take notes about what he says. Take a picture of the person. Often these people can be the very source or trigger of violent acts at a march. Also, look for people who look out of place and who seem to be taking lots of pictures or lots of notes. Ask who they are!!!!!

4. If you see someone being arrested, officers present have to give their name and badge number if asked. Ask! The officer should tell you what the charge is and where the person is being taken. Ask the arrestee to shout out his/her name and phone number if no one knows who s/he is. Go to march organizers or legal observers with the information when you can. Just think about the implications of someone wielding the legal power of the state to impose violence and retain anonymity while doing it.

5. Repressive police activity is increasing nationwide. A videographer in Ashland OR was arrested while at work yesterday. The only reason he can think of that this happened is that he filmed at a march last weekend. He has been charged with obstructing the police. We have all heard about the man arrested back east for wearing a peace teeshirt. There are hundreds more examples.

6. Carry a pad and paper or a tape recorder when you are marching.

~*~*~*~*~*~*~
Nothing will end war unless the people themselves refuse to go to war.

~Albert Einstein
Add Your Comments
Listed below are the latest comments about this post.
These comments are submitted anonymously by website visitors.
TITLE
AUTHOR
DATE
justicescholar
Mon, Mar 10, 2003 11:20PM
bluecollar
Mon, Mar 10, 2003 9:54AM
We are 100% volunteer and depend on your participation to sustain our efforts!

Donate

$230.00 donated
in the past month

Get Involved

If you'd like to help with maintaining or developing the website, contact us.

Publish

Publish your stories and upcoming events on Indybay.

IMC Network