April 4, 2008

Harassed By The Cops

Posted by Jamilah King at 12:45PM

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Recently Matt Nelson, a frequent contributor to WireTap and spokesperson for the Milwaukee Police Accountability Coalition, was stopped and harassed by an officer from the Milwaukee Police Department. In a written description of the confrontation, Nelson explains:

"On the evening of Monday March 10, 2008 at 11:40pm I was stopped by two MPD officers while standing on a public sidewalk outside of my business on 2008 N. Farwell Avenue. Officer Ferrell (District 1) approached me aggressively and demanded that I give him my social security number or he would have me arrested."

While Nelson pursues legal action against the department and the officers' blatant abuse of power, his situation sheds light on important issues related to the civil liberties we often take for granted. The issue is particularly relevant given the hostile climate of today's immigration debates. Whether you're documented or undocumented, it's crucial to counter the fear and intimidation tactics used by many over zealous folks in power with knowledge.

The National Lawyers Guild has a very detailed Know Your Rights manual, available in seven different languages including Spanish, Farsi, Punjabi and Arabic.

For more information, visit their website:

http://nlg.org/resources/kyr.php

Key points include:

The Right to Remain Silent:

The Fifth Amendment of the Constitution provides that every person has the right to remain silent in the face of questions posed by any police officer or government agent.

You don't have to reveal your immigration status:

In Matt's case, the officer asked for his Social Security number, which is a blatant abuse of his rights. You don't have to reveal your immigration status to an officer when stopped on the street. However, be wary. As the NLG writes, "We cannot count on the police to honor local sanctuary oridinances...and a sanctuary ordinance will NOT prevent you from being deported."

The right to be free from "unreasonable searches and seizures":

The Fourth Amendment is supposed to protect your privacy. Without a warrant, no governmenmt agent is allowed to search your home or office and you can refuse to let them in. Know, however, that it is easy for the government to monitor your phone calls, conversations in your office, home, car or meeting place. The government ha already begun stepping up its monitoring of emails.

If you're stopped on the street, ask if you're free to go:

If you are stopped by the police, ask them why. If they do not have a good reason for stopping you, or if you find yourself chatting for more than about a minute, as "Am I under arrest, or am I free to go?" If they do not state that you are under arrest, tell them that you do not wish to continue speaking with them and that you are going to go about your business. Then do so.

Anything you say to the police, FBI, ICE, etc. will be used against you and others:

Once you've been arrested, you cannot talk your way out of it! Don't try to engage cops in dialogue or respond to their accusations.

Additional resources:

The Malcolm X Grassroots Project:

http://mxgm.org/web/programs-initiatives/know-your-rights-information.html

Although some of this information is specific to New York City, it's still helpful, particularly for folks 16 years old and younger.

The Anarchist Cookbook:

http://www.immigrationlinks.com/news/news1115.htm

Immigration issues:

These tips are also from the National Lawyers Guild, published shortly after 9/11.

http://www.anarchistcookbook.com/vbulletin/archive/index.php/t-7495.html

Cop Watch:

http://www.copwatch.org/defendyourself.html

ACLU:

http://www.aclusonoma.org/yourRights.html