Our Rights

[LightGreen]

yo i found this card that can help you deal with the cops- http://www.norml.org/indexIf the officer fails to honor your rights, remain calm and
polite, ask for the officerâ??s identifying information and ask
him or her to note your objection in the report. Do not
attempt to physically resist an unlawful arrest, search or
seizure. If necessary, you may point out the violations to a
judge at a later time.
THE N FOUNDATION
1600 K Street, N.W.. Suite 501
Washington, D.C. 20006
202-483-5500 www.norml.org
THE FOUNDATION FREEDOM CARD
The U.S. Constitution prohibits the government from interfering with
your right to remain silent, to consult with an attorney, and to be free
from unreasonable searches and seizures by law enforcement.
However, it is up to you to assert these rights. This NORML Foundation
Freedom Card will help you do so effectively.
If you are confronted by a police officer, remain calm. Be courteous
and provide your identification. Politely refuse to answer any further
questions. Ask to talk to an attorney. Do not consent to any search of
your person, your property, your residence or your vehicle. Tell the
officer you would like to give him or her this card, which is a statement
of the constitutional rights you wish to invoke. Do not reach for this
card until you have obtained the officerâ??s permission to do so.
I hereby invoke and refuse to waive all of the following rights and
privileges afforded to me by the U.S. Constitution:
â?¢ I invoke and refuse to waive my Fifth Amendment right to
remain silent. Do not ask me any questions.
â?¢ I invoke and refuse to waive my Sixth Amendment right to an
attorney of my choice. Do not ask me any questions without my
attorney present.
â?¢ I invoke and refuse to waive all privileges and rights pursuant
to the case Miranda v. Arizona. Do not ask me any questions or make
any comment to me about this decision.
â?¢ I invoke and refuse to waive my Fourth Amendment right to be
free from unreasonable searches and seizures. I do not consent to
any search or seizure of myself, my home, or of any property in my
possession. Do not ask me about my ownership interest in any
property. I do not consent to this contact with you. If I am not
presently under arrest or under investigatory detention, please allow
me to leave.
â?¢ Any statement I make, or alleged consent I give, in response
to your questions is hereby made under protest and under duress and
in submission to your claim of lawful authority to force me to provide
you with information..cfm?Group_ID=3407 this is what the card states.

[LightGreen]

yea i think anyone who drives with weed in the car or carrys it around should at least be smart and carry the card -- may save u money in Tickets or jail time

[LightGreen]

-bump

[eight]

The link (http://www.norml.org/indexIf) isn't working for me...

[TheAtomicPunk]

Yea, the link doesn't work for me either :/

My legal issues teacher actually told us about this. "Do NOT waive your rights! I've had kids who just said yes sir to everything they said, and they got screwed over!"

He's such a wise man... :P

[sheist]

WHAT A POLICEMAN CAN NOT MAKE YOU DO

* Police are not allowed to frisk for anything except weapons. If, during a weapons pat, an officer discovers something 'suspicious' you don't have to show it to them.

Although the police have been given a lot of leeway to 'check for weapons', the Supreme Court has ruled (in the key decision Minnesota v Dickerson, 1993) that a weapons search may not be used as a pretext for a more general search. In Minnesota v Dickerson, a man was stopped coming out of a 'notorious crack house' and was patted down in a 'Terry Stop'. The officer noticed something in the man's pocket which he said 'felt to be a lump of crack cocaine in cellophane'. He reached in the defendant's pocket and found some crack-cocaine. The Supreme Court ruled that in order to determine whether the item was crack or not required a further, unwarranted search was necessary which was not acceptable by 4th Amendment standards.

* Police are not allowed to search everyone (see Ybarra v. Illinois, 444 U.S. 85 (1979). In Ybarra v. Illinois, a man was patted down in a bar where the police were arresting a bar owner for selling heroin. An officer identified "a cigarette pack with objects in it" in the man's pocket during the pat down and decided to search Ybarra. The High Court ruled that the officer overstepped his authority by searching everyone in the bar, even though they had a warrant to arrest the bartender and search the bar for evidence of drug sales.

A common situation where police attempt to search many individuals without probable cause is a raided party. Sometimes police tell people to 'empty your pockets' or they pat everyone down as they are leaving or they target a few people based on appearance for a full blown search. Most raids on parties are done without a judge-issued warrant and are based on noise complaints, city ordainances about event sizes, etc. In these cases, most searches will be citizens 'voluntarily' complying with requests except in the case of violence, extreme intoxication, or obvious criminal activity. Be polite and considerate of the difficult job the LEO's have, but do not consent to any warrantless search and do not offer information to the police regarding any criminal activity they suspect you of.


HOW TO SAY NO

So, when a policeman says "Empty your pockets for me?" or "Why don't you step over here for a moment?" What does a reasonable, law abiding citizen say if s/he doesn't want to? Unfortunately there may be no simple answer to this. Because of the nature of most police-citizen interactions, tensions can be high and LEO's may interpret any dissent as hostility or 'suspicious behaviour'.

1. Stay Calm. Speak calmly and slowly and don't be surprised if the officer becomes irritated, angry, or beligerent. Move slowly.
2. Ask Questions. One way to Say No is to ask questions in return: "Is that a request or an order?" "Am I under arrest?" "Am I free to go?" "Why do you want me to *whatever*?" "Am I a suspect in a crime?"
3. Say No. Another way to Say No is to very clearly say no: "No, I would like to leave." "No, I do not consent to any warrantless searches." "You do not have my permission to search me / my car / my belongings."
4. Defuse Tensions. Do everything you can to defuse the tensions and seem peaceful. If an LEO thinks you might be dangerous, the courts have ruled that they have a greater authority to force you to comply.
5. Do not Resist. Do not Argue with a Cop. Do not Touch a cop. Don't Run. Don't complain or threaten an officer legally.
6. Comply when Required. Knowing when you are required to comply can be difficult (see What You Must Do and What You Don't Have to Do ) The moment an LEO pulls a gun, do what they say. If they make you do something through force, your Constitutional Rights are not as important as staying healthy and alive. You can challenge the arrest in court if your rights are violated.
7. Give the Cop a Break. Remember that police have a very difficult job to do and most cops are doing their best to try to keep their communities safe. When it comes to dealing with unusual or strange individuals or confronting drug issues, officers (and many people in the world) make some bad snap judgements. But most cops think of themselves as the Good Guys, so try to let em know you're on their side.
8. Ask for a Lawyer. As soon as its clear you will be arrested, ask for a lawyer and then keep quiet. Police will try to get you to talk. Don't.



CAN SAYING NO GET ME IN MORE TROUBLE?

The short answer to this is, of course, yes and no. A lot is dependent on your rapport with the individual officer(s). Saying No to a police officer should be done gently to avoid enraging them so you don't get beaten up. Saying No to a warrantless search may cause a police officer to harass you further to try to get you to comply. Saying No, however, is always the best idea when it gets to the point of arrest and prosecution. It is never in your interest to cooperate with the police in helping them collect evidence against you. If you do say No and a policeman searches anyway, evidence can sometimes be suppressed (thrown out). If you agree to a search, you have no grounds to dispute the evidence.

It is common to have an officer 'ask' forcefully first and if the suspect gives any indication of saying No, they threaten to arrest them and take them to the station. They say things like "if you don't open your trunk/pocket/whatever for me, I can arrest you and we can open it up down at the station". Often officers will imply that if the suspect cooperates, the cop will go easier on them. While it is true that a police officer controls whether you are arrested or not, very few police officers will overlook anything illegal they find in a search (including very small amounts of cannabis).

:-) enjoy!

[LightGreen]

my point is cops take advantage of the ignorance of kids and think they can do what ever they want. the truth is if u have pot on you and they are suspicous and want to search u might as well just keep your mouth shut and call your lawyer.