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Copy of Know Your Rights

ACLU of Louisiana's "Know Your Rights" Training
by

ACLU Louisiana

on 27 July 2016

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Transcript of Copy of Know Your Rights

Know Your Rights
Lily Ann Ritter, Outreach Associate
Audrey Stewart, Outreach Manager
Bill of Rights
Founded in 1920 with focus on Freedom of Speech  by Crystal Eastman, Roger Baldwin and Walter Nelles

Its stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States."
 It works through litigation, lobbying and community education.
I am not a lawyer, nor can I provide legal advice.
This information is meant to help you make smart choices and stay safe during a police encounter
Debating with police during an encounter is not recommended and will not ensure your rights are respected
Workshop Basics
It is not meant to address situations in which you have been a victim of crime, or in which you are seeking to aid the police in solving a crime
Probable cause:
"a reasonable belief that a person has committed a crime"
i.e. The lawyer argued that there was a lack of probable cause for a search warrant.
Reasonable suspicion
: The officer has sufficient knowledge to believe that criminal activity is at hand. Reasonable suspicion is a legal standard of proof that is
lower than
probable cause
i.e. A police officer may not stop an individual unless the officer has a reasonable suspicion of illegal activity
Inadmissible
: not admissible; evidence cannot be used in a court of law
i.e. The evidence was inadmissible in court
Miranda Rights
: the legal rights of a person who is arrested by the police, including the right to remain silent and to ask for the advice of a lawyer
About the ACLU
This training is meant to provide you with basic knowledge of your rights when dealing with the police
Be smart, stay safe
It should not be used to argue with police during an encounter
Glossary
What is the Bill of Rights?
These rights apply no matter what kind of law enforcement agency is involved, whether it be local police, sheriffs, FBI, ICE, Homeland Security, etc.
The rights enumerated in the Bill of Rights apply to all persons in the United States, citizen and non-citizen alike
What is the First Amendment?
Freedom of religion, speech, press, assembly, redress (protest)
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
What is the Fourth Amendment?
The right to be free from unreasonable searches and seizures
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched, and the person or things to be seized.
Search and seizure exceptions
Arrest
Automobile searches

Plain view
Exigent circumstances
What is the Fifth Amendment?
The right to remain silent
No person should be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury , except for cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject to the same offense be to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
It IS NOT a crime to refuse to answer questions from the police
It IS a crime to give false information to the police
You definitely do not want to say anything that would incriminate you
You do not legally have to give the police officer your information (name, address etc.) However, if you do not give them this information, they can hold you until they figure out who you are!
“Are you detaining me officer? Or am I free to go?”

If the officer says that they will not detain you, walk away.

If the officer is going to detain you remember to remain silent, and say:
“I would like to remain silent and speak to a lawyer.”
What is the Sixth Amendment?
What is the Eighth Amendment?
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Right to Speedy Trial and a Lawyer
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Right to be free of excessive bail and cruel and unusual punishment
Review
Neither slavery, nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Another important amendment
First Amendment: Freedom of Speech
Fourth Amendment: Right to Be Free From Unreasonable Search and Seizure
Fifth Amendment: Right to Remain Silent
Sixth Amendment: Right to a Lawyer and Speedy Trial
Eighth Amendment: Right to Be Free From Cruel and Unusual Punishment
Thirteenth Amendment: Outlaws Slavery Except for Convicted Criminals
What do you do if you’re stopped by the police?
Think carefully about your words, movement, body language and emotions.
Don’t get into an argument with the police.
Remember, anything you say or do can be used against you.
Keep your hands where the police can see them.
Don’t run. Don’t touch any police officer.
Don’t resist even if you believe you are innocent.
Do not make any statements regarding the incident.
Kris Krug
What do you do if you’re arrested?
If you feel your rights have been violated, file a written complaint with police department’s internal affairs division and civilian complaint board, or call the ACLU hotline.
www.laaclu.org
avodah@laaclu.org
astewart@laaclu.org
504-522-0617
1. Freedom of speech, press, religion and petition
2. Right to keep and bear arms
3. Conditions for quarters of soldiers
4. Right of search and seizure regulated
5. Provisions concerning prosecution
6. Right to a speedy trial, witnesses, etc.
7. Right to a trial by jury
8. Excessive bail, cruel punishment
9. Rule of construction of Constitution
10. Rights of the States under Constitution
We're only going to talk about a few of these today
Here's what you need to know if you're going to take one thing away from this presentation...
Ask for a lawyer immediately after your arrest
Remember officers’ badge & patrol car numbers.
Write down everything you remember ASAP.
Try to find witnesses & their names & phone numbers.
If you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention.
Full transcript