Answering Service - Small Business Legal - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
 

Police Abuse: Simple Guidelines to Protect Yourself
by Theresa Chaze

With the rapidly increasing occurrence of the police abusing individuals and ignoring their civil rights, everyone needs to be aware of what their rights are and how to protect them. No longer do the First and Fourth Amendments provide the freedoms and protection the founding fathers intended. Freedom of religion, speech, to gather and engage in peaceful demonstrations are no longer protected rights, nor is the right to be safe from unreasonable searches and seizures in our homes, cars, and places of business. The police no longer consider themselves pubic servants, but public masters who are above the laws. Their motto has been perverted from protect and serve to that of harass and intimidate.

As in the cases of the UCLA student who was tazered multiple times by the police to the New York City undercover officers who turned a city street into a shooting gallery, these officers excuse their behavior under the banner of self-defense and expect the public to blindly accept their word in spite of valid physical evidence to the contrary. They are arrogant enough to believe that their word will not or should not be questioned. However, when they are confronted and complaints are filed, they harass and threaten their accusers into silence. Those who have the courage to follow through find the complaint system is skewed in the favor of the officers and against the individual. As with a Florida reporter, who exposed several law enforcement departs refusal accept complaints, was subject legal harassment and unlawful arrests, so it is across the country as law enforcement rallies to protect its own. The blue wall is not a myth or an illusion, but a force that protects renegade officers in shrouds of silence and sheer brutality. In addition, complaints are filed with the supervisor of the offender; it's like complaining to Don Corleone about one of his lieutenant’s behavior. The members of the Internal Affairs divisions are chosen by the chiefs or commissioners and answer to him or her not to the public. It is in their best interest to follow the lead set by their supervisors and not muddy the waters by questioning the officers or their departments' ethics. Civil complaint boards are only as effective as their members wish them to be. Going to the media and suing civilly have become the more effective means for victims of police abuse to receive justice. It is only when the public outrages becomes intense that the law enforcement agencies are forced to take appropriate action.

Although the abusive officers are only a small percentage of those on duty, the officers who know about the abuses and do nothing are just as bad. In ignoring, defending or protecting the abusers, they allow the behaviors to continue and to escalate. Their hands are just as bloody as those who do the actual harm. By keeping silent or excusing the abusive behavior, they betray the trust the public has consigned to them and placed themselves in the same category as those who do the harm. It would be in their own selfish best interest to expose the abusers and restore the honor of their departments. In doing so, they would make their jobs easier and safer as they would have the co-operation of the public, instead of the public seeing law enforcement as just another enemy.

The ACLU has released a list of what you should to do or not if you are stopped for questioning by the police. It is not a definitive list, but simple guidelines to help you safely deal with law enforcement.

Police Abuse: What to do if you are stopped while Driving

1. Think carefully. Choose your words and actions with care. Remain calm. Avoid quick movements.

2. Don't get into an argument or loose your temper. Anything you say or do can be held against you.

3. Don't run. Don't touch the officer. It can be used as a reason to arrest you.

4. Don't resist. Even if you are innocent, resisting alone is a reason to arrest you.

5. Don't complain. Making a scene or threatening to file a compliant only makes the situation escalate.

6. Do not make any statements regarding the incident. Ask for a lawyer.

7. Write everything down and remember the officer's name, badge number and patrol car number.

8. Try to find witnesses. Get their name and addresses.

9. If you are injured, document the injuries with medical reports and photographs.

10. If your rights have been violated, file a complaint with the police department’s internal affairs division or civilian complaint board.

If you are stopped in your car:

1. Upon request, show them your driver’s license, registration and proof of insurance. In certain cases, your car can be searched without a warrant as long as the police have probable cause. To protect yourself later, make it clear that you do not consent to the search. It is not lawful for police to arrest you for simply refusing to consent to a search. (From personal experience, I recommend that you drive with your information readily available. I used to drive with my purse in the back seat. When I was stopped, I told the officer that my information was in the back seat; he told me to get it, but when I tried to open the door, he used it as excuse to harass and arrest me. My purse is now on the passenger seat when I drive and all my information is easily accessible.)

2. If you're given a ticket, you should sign it; otherwise, you can be arrested. You can always fight it in court later.

3. If you are suspected of driving under the influence and refuse to take a blood, urine or breathe test, your driver’s license may be suspended.

If you are arrested and taken to the police station:

1. You have the right to remain silent and to talk to an attorney before you talk to the police. Tell the police nothing except your name and address. Don't give any explanations, excuses or stories. Make your defense later in court based on what you and your lawyer decides is the best course of action.

2. Ask to see a lawyer immediately. If you can't pay for one, you have right to free one and should ask the police how the lawyer can be contacted. Don't say anything without a lawyer.

3. Within a reasonable time after your arrest or booking, you have the right to make a local phone call. The police may not listen to the call to the lawyer.

4. Sometimes you can be released without bail or to have the bail lowered. Have your lawyer ask the judge. You must be taken before the judge on the next court day after the arrest.

If the police come to your home:

1. If the police knock and ask to enter your home, you don't have to admit them unless they have a warrant signed by a judge.

2. The exception is during an emergency situation. For example if a person is screaming for help inside or if the police are chasing someone and they enter.

3. If you are arrested, the police can search you and the area close to you. If you are in a building, close and mean up to the room you are in.

Everyone is entitled to courteous and respectful treatment by the police. If your rights have been violated, don't deal with it at the moment. Talk to a lawyer afterwards or file a complaint with the Civilian Complaint Board or Internal Affairs.

Back to answering service  or to Small Business Legal

click for top