This rap sheet has been prepared to help you stay out of jail. In the
past, rainbow gatherings have been the target of unjustified police
influence and harassment, often illegal. Many of the brothers and
sisters that have been arrested in the past could have completely
avoided wasted jail time and expensive court dates if they had just
known a few of their basic rights. This rap sheet is a tool. Read and
understand it and next time YOU will have the upper hand in the
situation.

        ROADBLOCKS
        (DUI CHECKPOINTS, ETC.)

When heading to a gathering, ALWAYS assume you will run into a roadblock
on the way in. It is very important that you know your rights before
reaching the roadblock because this is where most of the coercive
tactics and encroachments of rights will take place.

Law enforcement officers are trained to intimidate people into
consenting to searches. You may be asked SEVERAL times during the
detention if they can search your car or person. ALWAYS refuse and
you¹ll be fine. The only legal reason they have to search you without
arrest is that they feel they are in danger of being attacked which
should not be an issue with rainbows.

If you do find yourself under arrest for any reason, always exercise
your right to silence. Continue to refuse to allow any searches and
politely inform them that you will not say anything until your attorney
is present.

        A.      Your driver¹s license, registration and proof of insurance should be
legal and accessible. You will sometimes need all three as the
requirement laws vary from state to state. Always assume that you need
all three and you¹ll never have a problem.
        B.      Your car must be road-legal. No broken tail-lights, windshields,
headlights, etc. You will be cited for these.
        C.      Never leave anything in ³plain view.² Anything inside the car that
is visible to the officer is considered to be in ³plain view.² Although
this does not give them the right to search your car, they can
confiscate the item and place you under arrest. They will still need to
obtain a warrant to search the rest of your car which will not be very
hard if they found something in plain view.
        D.      Never consent to a search of your body or your vehicle. This is your
fourth amendment. The only reason they would ask is that they do not
have enough evidence to obtain a search warrant (or they may just be too
lazy to get one). JUST SAY NO!!
                At rainbow gatherings in the past, officers have been known to plant
drugs in cars after consent to search is given. You can avoid this
problem by refusing to consent.
        E.      If you are harassed or mistreated, write down all the information
you can about the incident. The officer¹s county, name, rank, badge
number, etc. Date, time of day, location, etc. Contact one of the
organizations listed at the end of this document to pursue the matter or
just file a complaint with that officer¹s superior.
 

        OTHER POLICE CONTACT

It is important to remember a few things about police officers. One is
that they are aware of your rights and they have been known to
intentionally violate them. If you find yourself in a situation with an
officer who is out of control, it is best to be submissive in order to
avoid injury or even death. Remember that THEY are ARMED AND DANGEROUS!

If you are stopped by an officer outside of a vehicle, your contact with
him/her will fall into three categories. Consensual contact, detention
or arrest. We are mainly concerned with consensual contact and detention
as this document is intended to help you in NOT GETTING ARRESTED.

        CONSENSUAL CONTACT

Consensual contact means the officer comes up to you and says, ³Can I
speak with you?² If you say ³yes,² you have consented to have contact
with the police. This is not good. When you consent to contact, you
waive some of your rights especially if you think you may be guilty of
something. NEVER consent to speak with an officer.

If the officer asks, ³can I talk to you,² reply with something like ³I¹m
sorry, I¹m in a hurry and don¹t have time to talk to you right now.² If
he/she insists, ask, ³Are you detaining me? Am I free to leave?² You
should ask this several times to make sure the officer will remember you
asking if the encounter results in an arrest and court case. If it is
really a consensual contact, the officer is required to let you go on
your way if you ask to. If you don¹t verbally ask to leave, the court
will presume you consented to whatever follows.

        DETENTION

The police are only allowed to detain citizens when there are ³specific
and articulable facts supporting suspicion² (SAF) that you are involved
in criminal activity.

This means they can¹t detain you on a ³hunch.² They must have observed
something about your behavior or character that links you with specific
criminal activity. If you are detained without SAF, you are detained
illegally. If this matter ever lands in court, you may be able to get
off because the original detention on their part was illegal.

When you use terms like ³detention² and ³specific and articulable
facts², the officer will usually back down a bit. The majority of a
police officer¹s power in the united states comes from intimidation and
prey on the public¹s ignorance of its own rights.

It is crucial that you let the officer know that you are not consenting
to talk with him and that the only way you will talk to him is if he
detains you which he can not do without SAF.

        ARREST

If you find yourself under arrest, there¹s not much left you can do. You
are going to be searched. It is important to continue refusing consent
to search your vehicle (if there is one involved) as they will still
need a search warrant to search your vehicle. This, however, will not be
difficult to obtain now that you are under arrest.

By refusing to consent to a search of your vehicle, though, you are
maintaining your position. They may get impatient and search the vehicle
without a warrant which is completely illegal. If this happens, anything
they find in the vehicle will not be accepted by the court because it
was evidence obtained illegally.

Those are the basics rights you have when involved with the police. By
exercising these rights and using a little common sense, you should be
able to have a safe and happy gathering. Below are some legal contacts
you may find yourself in need of if placed under arrest.

For everyday police harassment, call COPWATCH at  510/548-0425.

If you feel your rights were violated or that you are being charged
unjustly, contact the National Office of The American Civil Liberties
Union at 132 West 43rd Street, New York, NY 10036. or call 212-944-9800.
 
 
 
 

Love your brothers & sisters with guns even
when they are misguided.

Know your rights. Spread the light.