Black Lives Matter vs. American Police - Part II: Know your rights
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Police officers exist to help maintain order and keep citizens safe, but what happens when those same officers decide to abuse their powers? With the popularity of smartphones and high-definition recorders, several clips have emerged online depicting authority figures acting in inappropriate and sometimes dangerous ways. If an officer were to demand something of you, would you know your rights?
Highlights
CALIFORNIA NETWORK (https://www.youtube.com/c/californianetwork)
1/27/2016 (8 years ago)
Published in U.S.
Keywords: Black Lives Matter, police, discrimination, rights, legal
LOS ANGELES, CA (Catholic Online) - Reports of police brutality and abuse of authority are not new information, but you know it's bad when CNN releases an article titled, "What are your rights during a traffic stop -- and is it wise to exercise them?"
Without reading the article you are aware of the fact that civilians do have rights, but for fear of officer response, many who know their rights must choose whether they can exercise them or if they should remain quiet.
How despondent.
In avideo titled "Power Tripping Cops Arrest Mother After She Objected to Cops Questioning Her Minor Son," a woman's voice can be heard saying, "You're telling me that you're enforcing the law, but you can't tell me what law you're enforcing?"
In a document titled "Kids and the Law: an A-to-Z Guide for Parents," remaining silent is the right of a minor. "Children have the same protections as adults against unreasonable searches and seizures ... If a juvenile starts answering questions, he or she may stop at any time ... Just like adults, minors are entitled to the Miranda advisements, which include the warning that anything they say to police can be used against them in court."
In anothervideo, a man is outside his car to record the officers writing him a ticket for parking his car. The officers attempt to tell him that the phone poses a threat to their safety and that he needs to return his phone to his pocket. They also claim that by standing outside his vehicle to record, he is interfering with their ability to write him a ticket.
Really?
Back to the CNN article!
Experts say: "Just as law enforcement can and does tape traffic stops on dashcam recorders, so, too, can a driver or anyone in a car, as long as the recording doesn't interfere with an officer's ability to investigate, legal and law enforcement."
The man was in no way interfering with the two officers who were writing a ticket. Neither was he presenting any form of danger, but both officers decided to issue the ticket regardless and attempt to stop him from recording. Why? Because they were in the wrong and did not want the information leaked.
Officersabusing their positions of authority should come as no surprise. They have been filmed again and again as more people become aware that it is their right to do so.
As a civilian, it is your right to record public officials in public places perGlick v. Cunniffe. Per American Civil Liberties Union staff attorney Peter Bibring, in some states you do not have to provide an ID to police unless you are driving and have been stopped. Even if you are suspected of a crime, you do not have to provide your identification - though showing it would help hasten the process of securing your innocence.
It is important to note that if an officer "reasonably suspects you of a crime, they can detain you to investigate that crime."
Other states have "Stop and Identify" statutes whichmeans suspects of criminal activity must show their identification cards; refusal to do so is then considered a crime.
As stated in Black Lives Matter vs. American police I: Is race really a factor? many black Americans have been victims of police brutality, stereotypes and more.
Knowing your rights to refuse to provide identification, refuse to stop recording -so long as you are not hindering an investigation or obstructing the officer's job - and keeping minors quiet when they are without parental supervision and permission can mean the difference between handcuffs and simply carrying on with your day.
Video evidence can also be used as evidence of police brutality, bogus arrest or ticket claims and, ironically, to hold officers of the law accountable for their actions.
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