Date: Sun, 14 May 2006 11:37:25 -0400
Reply-To: Doug <vanagons@COX.NET>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Doug <vanagons@COX.NET>
Subject: Re: trailer lights; rap 420
In-Reply-To: <416.1a8aa0c.3198853f@aol.com>
Content-Type: text/plain; charset=ISO-8859-1; format=flowed
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 youıll 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 facts², the
> officer will usually back down a bit. The majority of a police officerıs
> power in the united states comes from intimidation and prey on the publicıs
> 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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