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 selfincrimination 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 dont 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 Lawcorruption, excessive force 2. Violations of Policytasers, identity, each dept. has unique policies and procedures 3. Unjust Laws- antihomeless, 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
Dont 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. 148Interfering/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...
Dont Bring weapons/drugs Drink/use drugs Warn people cops are coming Run or move suddenly Videotape if victim doesnt 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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