The mere fact of there being surveillance takes away liberty. The response of those who are worried about surveillance has so far been too much couched, it seems to me, in terms of the violation of the right to privacy. Of course it’s true that my privacy has been violated if someone is reading my emails without my knowledge. But my point is that my liberty is also being violated, and not merely by the fact that someone is reading my emails but also by the fact that someone has the power to do so should they choose. We have to insist that this in itself takes away liberty because it leaves us at the mercy of arbitrary power. It’s no use those who have possession of this power promising that they won’t necessarily use it, or will use it only for the common good. What is offensive to liberty is the very existence of such arbitrary power.
Quentin Skinner
Sunday, December 29, 2013
Monday, November 4, 2013
Astroturfing
Claims that a pro-Kremlin groupfunded a vast network of online activists to create the illusion of widespread support for Vladimir Putin may seem like a bizarre tale restricted to an authoritarian state. However the use of so-called "astroturf" groups is widespread across all nations and walks of life, from China to Britain, from book reviews to online surveys, and from big business to local politics.
What is astroturfing?
Astroturfing is the attempt to create an impression of widespread grassroots support for a policy, individual, or product, where little such support exists. Multiple online identities and fake pressure groups are used to mislead the public into believing that the position of the astroturfer is the commonly held view.
Although usually associated with the internet, the practice has been widespread ever since newspaper editors first invented the letters page. Pick up any local paper around the time of an election and you will find multiple letters from "concerned residents of X" objecting to the disastrous policies of Y. Similarly, concerned residents often turn up on talk radio shows and even in campaign literature, although the latter can prove more dangerous, as Labour party activists posing as residents in Greenwich discovered a few years back.
To overcome these dangers, most astroturfing now takes place on the forums and comment sections of blogs and newspaper websites. Here, individual astroturfers can leave comments under numerous identities with little fear of discovery. Discovery does occur, however, and in 2008 one member of Boris Johnson's campaign team was caught posting comments on blogs critical of his boss without sufficiently concealing their identity. A few years later, another member of Johnson's campaign was found posing as a concerned Labour supporter trying to prevent Ken Livingstone from being the party's candidate for mayor.
What are the latest astroturfing trends?
None of these British examples comes close to the sort of operation seen in Russia. New forms of software enable any organisation with the funds and the know-how to conduct astroturfing on a far bigger scale than even the Kremlin could hope for. As reported by the Guardian, some big companies now use sophisticated "persona management software" to create armies of virtual astroturfers, complete with fake IP addresses, non-political interests and online histories. Authentic-looking profiles are generated automatically and developed for months or years before being brought into use for a political or corporate campaign. As the software improves, these astroturf armies will become increasingly difficult to spot, and the future of open debate online could become increasingly perilous.
Why is this happening?
The development of these new astroturf tools is both a response and a result of the openness inherent online. Twitter and blogging have given a voice to millions and allowed genuine opposition movements to take their case to the masses. Censorship of these movements has not always proved effective, with only authoritarian governments possessing the means and the will to implement it. For big business and less repressive governments, the alternative of simply crowding out your opposition online must seem a far more attractive prospect.
With a few computers and a handful of operatives, whole legions of supporters can be magicked out of thin air, and at a potentially lower cost than the "hundreds of thousands" allegedly spent in Russia. How widespread these practices are is anyone's guess, but as the size and influence of online debate increases, the demand for such astroturf services will only increase, too.
Saturday, November 2, 2013
TSA vs US Citizens
The TSA's "behavior detection" program continues to roll out, unimpeded by accusations of racial profiling or the fact that 725,000 travelers have been questionedwithout turning up a single terrorist. This extra step in the ongoing, ever-expanding War at Home on Terror is bringing the fun of living in a dictatorship to the unsuspecting citizens of a federal republic.
Traveling into or out of the country used to be the one of the few situations in which American citizens could expect extra questions to be thrown their way. Apparently, we're now defending internal borders to prevent terrorists from crossing state lines unimpeded. In addition to long-running security theatrics already in place at our nations' airports, TSA agents are now throwing a barrage of instrusive questions at flyers as they travel from state to state.
Here's the first of two stories featuring the kinder, gentler, more intrusive TSA and its "behavior detection" system in action.
Here's the problem, though. It's nearly impossible for the average human being to chat normally with someone who has the power to indefinitely detain or otherwise screw up their travel plans for any number of nebulous "violations." There's no such thing as an innocuous or friendly question when it comes to an agency with a reputation for acting irresponsibly, vindictively and ignorantly, depending on the situation. No one is evergoing to feel comfortable just handing out additional personal information, no matter how anecdotal, to someone who can use any misstep as an excuse to search, detain or otherwise inconvenience anyone and everyone.
Here's another mandatory chat session, one which goes off the rails much more quickly:
This interrogation of citizens who have never crossed a border isn't necessarily a new thing, but in the past it was definitely an exception rather than the rule. Crossing national borders would usually result in some form of questioning beyond "Are you an American citizen?" Outside of our airports, the Department of Homeland Security is partnering with the Border Patrol to set up checkpoints with the intent of stopping and searching vehicles traveling internal highways 40-50 miles from any border crossing. This falls within the "Constitution Free Zone" where the courts have permitted these "administrative" checkpoints to operate, but solely for the purpose of protecting the nation's borders. They are not to be used for other law enforcement purposes, like conducting general drug searches.
Traveling into or out of the country used to be the one of the few situations in which American citizens could expect extra questions to be thrown their way. Apparently, we're now defending internal borders to prevent terrorists from crossing state lines unimpeded. In addition to long-running security theatrics already in place at our nations' airports, TSA agents are now throwing a barrage of instrusive questions at flyers as they travel from state to state.
Here's the first of two stories featuring the kinder, gentler, more intrusive TSA and its "behavior detection" system in action.
Over at the ACLU's Blog of Rights, Devon Chaffeewrites of her most recent experience passing through airport security in Burlington, Vermont:Maybe the TSA agent was just being friendly? The writer's husband suggested as much. Despite the fact that the word "friendly" has rarely, if ever, been used in the same sentence as "TSA agent," there's always the small possibility that it's just some welcome humanity showing through the officious facade.
The agent then turned to me with grin that was a bit perky for even my taste given the early hour. "So where are you folks off to?" he energetically inquired.
I like to think that I'm a friendly person, so I answered him, expecting a brief innocuous exchange about the Washington DC heat and the scourge of Capitol Hill gridlock. Instead, the agent responded to my answer with a barrage of questions about where in Vermont we had stayed, how long we had traveled, and why we had traveled there. I could feel a suspicious expression involuntarily creep across my face. The New Englander inside me was screaming "you don't know this person from a hole in the wall and you certainly don't want to divulge to him the details of your family vacation!" And yet it seemed that the more discomfort I expressed, the more persistent the agent's questioning became, following us down the line, grilling me unrelentingly about our vacation plans and baggage status.
Here's the problem, though. It's nearly impossible for the average human being to chat normally with someone who has the power to indefinitely detain or otherwise screw up their travel plans for any number of nebulous "violations." There's no such thing as an innocuous or friendly question when it comes to an agency with a reputation for acting irresponsibly, vindictively and ignorantly, depending on the situation. No one is evergoing to feel comfortable just handing out additional personal information, no matter how anecdotal, to someone who can use any misstep as an excuse to search, detain or otherwise inconvenience anyone and everyone.
Here's another mandatory chat session, one which goes off the rails much more quickly:
Steve Gunn, a former Muskegon Chronicle staff writer who now works for the Education Action Group, writes in the pages of his old paper:Notice how quickly asserting your rights gets you branded as a troublemaker by those "protecting" the airport. The intrusive questioning is the TSA's "behavior detection" at work. So far, it seems to be best at detecting racists within the TSA's ranks and maintaining an overly-close relationship with other law enforcement agencies.
At that point she asked me what my business would be in Grand Rapids.
"I'm headed home," I replied.
Then she wanted to know where home was. That's when the mental alarms went off and I realized I was being interrogated by Big Brother in drag. I asked her why the federal government needed to know where I was going and what I would be doing. She explained that the questions were part of a new security "pilot program."
I then told her I am an American citizen, traveling within my own country, and I wasn't breaking any laws. That's all the federal government needed to know, and I wasn't going to share any more. Not because I had anything to hide. It was because we live in a free country where innocent people are supposedly protected from unwarranted government intrusion and harassment.
At that point the agent yelled out, "We have another refusal." One of my bags was seized and I was momentarily detained and given a hand-swab, which I believe was to test for residue from bomb-making materials.
I passed the bomb test and was told I could move on, but I hung around a moment and told everyone within listening range what I thought about this terrifying experience.
This interrogation of citizens who have never crossed a border isn't necessarily a new thing, but in the past it was definitely an exception rather than the rule. Crossing national borders would usually result in some form of questioning beyond "Are you an American citizen?" Outside of our airports, the Department of Homeland Security is partnering with the Border Patrol to set up checkpoints with the intent of stopping and searching vehicles traveling internal highways 40-50 miles from any border crossing. This falls within the "Constitution Free Zone" where the courts have permitted these "administrative" checkpoints to operate, but solely for the purpose of protecting the nation's borders. They are not to be used for other law enforcement purposes, like conducting general drug searches.
As can be expected, the checkpoints have become "general purpose." Suspicionless searches are now the norm, with many drivers being routed to the "secondary" for additional questioning. None of this is necessary, useful or even particularly legal, but they continue to operate simply because US citizens are generally cooperative, even when their rights are being violated. If you don't cooperate with your own violation, as in the case with Gunn above, and the video below, the ones doing the violating (under the auspices of "security") treat the assertive citizen like he's being unreasonable and possibly a threat.
While the US is far from an actual police state, the encroachment on our rights shows no sign of abating. The TSA defends its severely flawed "behavior detection" system as being a crucial and useful part of law enforcement as a whole. Defenders of DHS checkpoints are quick to cite criminal actions by non-citizens and the general hazy threat of "terrorism" in support of their activities. No one really expects anyone in power to say "Wait, this is going too far," and start rolling back authority and legislation. But someone in power should really start questioning why it became acceptable in this country, a nation built on individual freedom, to interrogate citizens simply because they're traveling from one internal destination to another by vehicle.
Wednesday, October 30, 2013
The Power of the State vs. the Power of Love
by Robert Higgs on October 30, 2013 ~ Mises.org
For thousands of years, philosophers have argued that society must invest great power in the rulers because only great power can hold back the forces of evil — violence, plunder, and disorder. They have often conceded, however, that this solution has a down side: powerful rulers may themselves resort to violence and plunder.
In any event, society’s positive, productive forces always resided within the people themselves. All the genuine peace, cooperation, production, and order the society enjoyed sprang from them. So the state was never a solution to a problem the people could not solve for themselves, but itself a problem masquerading as the only solution to problems whose real solutions already lay close at hand, if they existed at all.
Given that wealth destruction undermines social well-being, how did it come to pass that the state — an institution based on violence and plunder — has overridden peaceful cooperation as the dominant factor in social life virtually everywhere on earth? Although this simple question requires a complex answer, we know that the rulers have used fear — of themselves and of other dangers known and unknown — to terrorize the people and convince them that they are incapable of providing security, that only the state can provide it. First through fear alone, then through complementary religion, and ultimately through complementary ideology, the people’s convictions were twisted into forms compatible with the rulers, the priest/ideologists, and the military elite’s living at the expense of the plundered masses, who were kept in line more by false beliefs than by raw force.
So it remains today. Is any feasible alternative conceivable?
Hardheaded people mock the idea that “love is the answer” to the people’s dire situation. They insist that evil forces and evil men are afoot in the world, men who care nothing for love and seek only vile ends, and that such malevolence can be fended off effectively only by meeting it with adequate force and violence. Thus does the perceived “security gap” fuel a race to the bottom in which the ostensible protectors become more and more indistinguishable from the evil men who allegedly seek to hurt us. By meeting evil only with the rulers’ upward ratcheting force and violence and their upward ratcheting suppression of our liberties and our means of self-protection, the ultimate goal — a social environment of real security and peaceful cooperation — recedes ever farther from realization.
Jesus declared, “Ye have heard that it hath been said, Thou shalt love thy neighbour, and hate thine enemy. But I say unto you, Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you” (Matthew 5:43-44). Of course, people — even most Christians, no doubt — will say that this admonition, however lovely it might sound in a sermon, is utterly impractical, that behaving in accordance with it would leave us entirely at the mercy of those who seek to harm us. Perhaps it would.
Yet, here we are, inhabiting a world divided in countless ways by mutual misunderstandings, hatreds, and yearnings for vengeance. Because each society is subject to a state whose own interests are served by keeping this vicious pot boiling, we have no prospect of ever breaking out of the endless cycle of evil, violence, and retribution. In the process, the whole world forgoes the immense blessings that would flow from mutual cooperation, peace, and tolerance.
Individuals may rest their personal lives on love and thereby find the peace that seemingly evades all philosophical and sociological understanding of social affairs. Whatever wise men and women may know and practice in their own lives, however, essentially Hobbesian analysis holds the great thinkers in its iron grip, and those who recommend love are dismissed as muddle-headed and simplistic. Yet, to repeat, here we are, inhabiting a world made no better by our hanging on the words of the greatest political philosophers, statesmen, and international-relations experts. In their view, the state is a given, and their analyses take for granted its nature and conduct. Perhaps this point of departure is their root error: that they readily accept what most needs to be challenged.
So long as the state exists, with its intrinsic violence, plunder, and insolence, and we seek solutions to our pressing social problems through it or in its dark shadow, we are doomed not to second-best or third-best solutions, but to make-believe solutions that are, at best, momentary rest stops on the road to our worsening degradation and ultimate demise. Destruction is what states do (or threaten to do); it is the nature of the beast. As technological changes augment state powers, the culmination of this terrible sequence may be our absolute annihilation.
Love turns us in the opposite direction. It seeks to build up, whereas the state seeks to overawe and kill in the service of the self-interested elites who control it at the expense of the people at large. Love has no need to flex violent muscles or seek vengeance time and again. Love intends the good of the other for its own sake, not as a means toward the end of one’s own aggrandizement. Love is patient and long-suffering; power is impatient and easily provoked.
Love does not keep score; international rivals do so in numerous dimensions. Love leads to inner peace and cordial relations with others, whereas the state remains always at war, if not against other states, then certainly against its own subjects, on whom it preys ceaselessly in order to sustain itself and to gratify the rulers’ insatiable ambitions for personal acclaim and unchecked power.
Hardheaded people will say, of course, that in socio-political life, love just doesn’t work. In sharp contrast, they insist, power in the hands of the rulers does work. And indeed it does. That’s the trouble.
Sunday, October 6, 2013
Just say no (to the police)
INTRO
One of the main powers that law enforcement officers carry is the power to intimidate citizens into voluntarily giving up their rights. Police are trained to believe in their authority and trained to perform their interactions with private citizens with confidence. It is their job to deal with problems and they learn to manage uncomfortable situations through strength. Most people, when confronted by police get a mild panic reaction, become anxious, and try to do whatever they can to minimize the time spent with the officer. Because of the imbalance of power between citizen and officer, when a law enforcement officer makes a strongly worded request, most people consent without realizing that they are giving up constitutional protections against improper meddling by the State in the private affairs of citizens.
A common situation is that of the traffic stop. A person is pulled over for a real or perceived vehicle violation and, after checking the driver's license and registration, the officer asks the driver if they have any weapons or illegal drugs in their car. When the citizen answers "no", the police officer asks (in the strongest language he can without demanding) to check that for himself. "Then you wouldn't mind if I took a look in your trunk." or "Why don't you step out of your car." Most people acquiesce to the 'requests' because they don't realize they have the right to say no.
WHY YOU HAVE TO SAY "NO" CLEARLY
The Federal Supreme Court has ruled that as long as the police do not forcean individual to do something, the individual is acting voluntarily, even if a normal person would feel very intimidated and would not reasonably feel they could say no. (see Florida v. Bostick, 1991) If you do what a policeman tells you to do before you are arrested, you are 'voluntarily' complying with their 'requests'.
Unfortunately police will often try to push citizens to accept a search, to the point of ignoring when you say "no". Its important to say very clearly "I do not consent to a warrantless search." Or "This is a private event/home/place, you may not enter without a warrant." Don't simply answer questions about searches with a simple "yes" or "no". See this case where drug police asked a confusing question and claimed they misunderstand the answer "yes" to mean they could search (October 24, 2000. Gregg County CODE officers, defendant Dockens, judge Steger, federal court, east district Texas).
Until you say "No, I don't think I'd like to do that." you are cooperating as a peer with the law enforcement officer who is trying to make the world safer. When you say "no" to a request by a police officer, you are asserting your lawful rights as a private citizen. If the officer demands you comply, then in most cases you have little choice. Usually, however, the officer is likely to try to convince you to comply voluntarily. Until and unless you say "no" and stick to it, the police don't even need any real authority to tell you what to do.
WHAT A POLICEMAN CAN MAKE YOU DO
What a Law Enforcement Officer (LEO) can demand of a citizen depends heavily on the context of the order. Most generally, police are allowed by the courts to act as any reasonable private citizen would. They may ask questions, look through windows that they happen to be near, walk or drive in public areas, etc. Without a warrant or any suspicion of illegal activity, they are allowed to interact with other citizens, but they have a limited amount of authority to demand compliance, search, or detain people or things.
In highly volatile or dangerous situations, a LEO's authority to require compliance is much higher than in non-threatening contexts. The Supreme Court has ruled (with Terry v. Ohio being one of the primary cases) that the police are allowed to protect themselves from potentially dangerous people or situations. Under the umbrella of "concern for safety" or "search for weapons" the police have wide latitude to do what they want and to order citizens to comply with their demands.
The Terry v. Ohio case created the "weapons search", "terry search", or "terry pat" exception to the 4th Amendment 'probable cause requirement' for searches. The court ruled that if a police officer "[has] reasonable cause to believe that [someone] might be armed" they can require they submit to a quick patdown. What this has meant is that it is now standard practice to pat down anyone that a LEO wants to, without the need for arrest, probable cause, or even suspicion of a crime.
Many police use weapons pats as a way to intimidate and harass citizens, since it is a power the courts have allowed them to use with little justification. Often a LEO will find something during their patdown which is clearly not a weapon which they would like to see, but this is beyond their Court-approved authority (see below ).
Also under the 'concern for safety' umbrella, police are given wide latitude by courts to ask individuals to comply with simple non-intrusive commands such as "stand over there" or "wait here for a moment", but the line between order and request becomes very fuzzy when an officer starts telling people where to go unless the situation is volatile / dangerous. There are many stories of two (or more) individuals confronted by police ( one example ) whom the police intentionally separate to try to intimidate or to compare stories. This is generally a 'fishing' maneuver which would not fall under the 'concern for safety' umbrella. ( see below )
During a stop for a traffic violation, police have the power to demand a proper driver's license and other state-required documentation (registration, insurance). In most [ed-all?] states they also have the power to demand sobriety tests [ed - do they need reasonable suspicion of intoxication ?]. The courts have also given police the power to frisk a driver based on the Terry v. Ohio decision (the police should have some reason to think there is danger) and some decisions have even allowed an officer (with no suspicion or cause) to search the area around the driver's seat. [ed-citation for this?]
When a private, law abiding citizen encounters police, the amount of intrusion a Law Enforcement Officer is allowed to demand is limited. Some areas have laws against "disobeying a police officer" or "obstructing an officer from their duties", but the bounds of what officers can reasonably require someone not suspected of any other criminal activity in a peaceful situation have not been clearly drawn by the courts. If someone interferes with a police officer engaged in an arrest or investigation, police tend to have very little patience and will quickly threaten or implement detainment or arrest. Generally, courts give police wide latitude in executing their duties and disobeying a "reasonable" direct order from an officer could be prosecuted in most jurisdictions.
As an encounter proceeds, the police gather data that they can use to formulate 'reasonable, articulable suspicion' or (stronger) 'probable cause' that the individual has contraband or is involved in a crime. As the level of suspicion rises, so does the LEO's authority to intrude into a person's affairs. Once the level rises to 'probable cause' to believe that there is contraband in a vehicle, the Supreme Court has made some very disturbing decisions allowing the police broad power to search in certain cases, including the power to search closed containers without a warrant. (see United States v. Ross, 456 U.S. 798 (1982) )
In a recent decision (Wyoming v. Houghton, April 1999), the Supreme Court ruled that even passengers' belongings, if left in the car, may be searched thoroughly if the driver is suspected of a crime.
In most states, you are not required to identify yourself or show the police your ID (unless you are in a vehicle). We have been unable to confirm that in Nevada that police try to charge people with obstruction of justice for people who refuse to identify themselves to police. However, if you choose to identify yourself, you are required to tell the truth. It is a crime to lie to federal police agents and it is a crime to give false identification to police in many areas [ed- find a cite for this?].
The Supreme Court has said: "A brief stop of a suspicious individual, in order to determine his identity or to maintain the status quo momentarily while obtaining more information, may be most reasonable in light of the facts known to the officer at the time." Adams v. Williams, 407 U.S. 143, 146 (1972).
If you want to avoid long and unpleasant interactions with police, do not give them any reasons to suspect you of criminal activity. Courteously decline to participate in 'fishing expeditions' or any other actions you do not wish to perform.
Police may search you 'incident to arrest': after or while arresting someone, police are allowed to search the body of the person being arrested. Recent decisions by the Supreme Court have also allowed the police to do exhaustive searches of any vehicle the arrestee was in and any containers therein. The Supreme Court held "that the police may examine the contents of any open or closed container found within the passenger compartment, 'for if the passenger compartment is within the reach of the arrestee, so will containers in it be within his reach.'" 453 U.S., at 460 (footnote omitted). See also Michigan v. Summers, 452 U.S. 692, 702 (1981).
In Pennsylvania v. Mimms, 434 U.S. 106 (1977), the Supreme Court "held that police Officers may order persons out of [463 U.S. 1032, 1048] an automobile during a stop for a traffic violation, and may frisk those persons for weapons if there is a reasonable belief that they are armed and dangerous."
WHAT A POLICEMAN CAN NOT MAKE YOU DO
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'.
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).
One of the main powers that law enforcement officers carry is the power to intimidate citizens into voluntarily giving up their rights. Police are trained to believe in their authority and trained to perform their interactions with private citizens with confidence. It is their job to deal with problems and they learn to manage uncomfortable situations through strength. Most people, when confronted by police get a mild panic reaction, become anxious, and try to do whatever they can to minimize the time spent with the officer. Because of the imbalance of power between citizen and officer, when a law enforcement officer makes a strongly worded request, most people consent without realizing that they are giving up constitutional protections against improper meddling by the State in the private affairs of citizens.
A common situation is that of the traffic stop. A person is pulled over for a real or perceived vehicle violation and, after checking the driver's license and registration, the officer asks the driver if they have any weapons or illegal drugs in their car. When the citizen answers "no", the police officer asks (in the strongest language he can without demanding) to check that for himself. "Then you wouldn't mind if I took a look in your trunk." or "Why don't you step out of your car." Most people acquiesce to the 'requests' because they don't realize they have the right to say no.
WHY YOU HAVE TO SAY "NO" CLEARLY
The Federal Supreme Court has ruled that as long as the police do not forcean individual to do something, the individual is acting voluntarily, even if a normal person would feel very intimidated and would not reasonably feel they could say no. (see Florida v. Bostick, 1991) If you do what a policeman tells you to do before you are arrested, you are 'voluntarily' complying with their 'requests'.
Unfortunately police will often try to push citizens to accept a search, to the point of ignoring when you say "no". Its important to say very clearly "I do not consent to a warrantless search." Or "This is a private event/home/place, you may not enter without a warrant." Don't simply answer questions about searches with a simple "yes" or "no". See this case where drug police asked a confusing question and claimed they misunderstand the answer "yes" to mean they could search (October 24, 2000. Gregg County CODE officers, defendant Dockens, judge Steger, federal court, east district Texas).
Until you say "No, I don't think I'd like to do that." you are cooperating as a peer with the law enforcement officer who is trying to make the world safer. When you say "no" to a request by a police officer, you are asserting your lawful rights as a private citizen. If the officer demands you comply, then in most cases you have little choice. Usually, however, the officer is likely to try to convince you to comply voluntarily. Until and unless you say "no" and stick to it, the police don't even need any real authority to tell you what to do.
WHAT A POLICEMAN CAN MAKE YOU DO
What a Law Enforcement Officer (LEO) can demand of a citizen depends heavily on the context of the order. Most generally, police are allowed by the courts to act as any reasonable private citizen would. They may ask questions, look through windows that they happen to be near, walk or drive in public areas, etc. Without a warrant or any suspicion of illegal activity, they are allowed to interact with other citizens, but they have a limited amount of authority to demand compliance, search, or detain people or things.
In highly volatile or dangerous situations, a LEO's authority to require compliance is much higher than in non-threatening contexts. The Supreme Court has ruled (with Terry v. Ohio being one of the primary cases) that the police are allowed to protect themselves from potentially dangerous people or situations. Under the umbrella of "concern for safety" or "search for weapons" the police have wide latitude to do what they want and to order citizens to comply with their demands.
The Terry v. Ohio case created the "weapons search", "terry search", or "terry pat" exception to the 4th Amendment 'probable cause requirement' for searches. The court ruled that if a police officer "[has] reasonable cause to believe that [someone] might be armed" they can require they submit to a quick patdown. What this has meant is that it is now standard practice to pat down anyone that a LEO wants to, without the need for arrest, probable cause, or even suspicion of a crime.
Many police use weapons pats as a way to intimidate and harass citizens, since it is a power the courts have allowed them to use with little justification. Often a LEO will find something during their patdown which is clearly not a weapon which they would like to see, but this is beyond their Court-approved authority (see below ).
Also under the 'concern for safety' umbrella, police are given wide latitude by courts to ask individuals to comply with simple non-intrusive commands such as "stand over there" or "wait here for a moment", but the line between order and request becomes very fuzzy when an officer starts telling people where to go unless the situation is volatile / dangerous. There are many stories of two (or more) individuals confronted by police ( one example ) whom the police intentionally separate to try to intimidate or to compare stories. This is generally a 'fishing' maneuver which would not fall under the 'concern for safety' umbrella. ( see below )
During a stop for a traffic violation, police have the power to demand a proper driver's license and other state-required documentation (registration, insurance). In most [ed-all?] states they also have the power to demand sobriety tests [ed - do they need reasonable suspicion of intoxication ?]. The courts have also given police the power to frisk a driver based on the Terry v. Ohio decision (the police should have some reason to think there is danger) and some decisions have even allowed an officer (with no suspicion or cause) to search the area around the driver's seat. [ed-citation for this?]
When a private, law abiding citizen encounters police, the amount of intrusion a Law Enforcement Officer is allowed to demand is limited. Some areas have laws against "disobeying a police officer" or "obstructing an officer from their duties", but the bounds of what officers can reasonably require someone not suspected of any other criminal activity in a peaceful situation have not been clearly drawn by the courts. If someone interferes with a police officer engaged in an arrest or investigation, police tend to have very little patience and will quickly threaten or implement detainment or arrest. Generally, courts give police wide latitude in executing their duties and disobeying a "reasonable" direct order from an officer could be prosecuted in most jurisdictions.
As an encounter proceeds, the police gather data that they can use to formulate 'reasonable, articulable suspicion' or (stronger) 'probable cause' that the individual has contraband or is involved in a crime. As the level of suspicion rises, so does the LEO's authority to intrude into a person's affairs. Once the level rises to 'probable cause' to believe that there is contraband in a vehicle, the Supreme Court has made some very disturbing decisions allowing the police broad power to search in certain cases, including the power to search closed containers without a warrant. (see United States v. Ross, 456 U.S. 798 (1982) )
In a recent decision (Wyoming v. Houghton, April 1999), the Supreme Court ruled that even passengers' belongings, if left in the car, may be searched thoroughly if the driver is suspected of a crime.
In most states, you are not required to identify yourself or show the police your ID (unless you are in a vehicle). We have been unable to confirm that in Nevada that police try to charge people with obstruction of justice for people who refuse to identify themselves to police. However, if you choose to identify yourself, you are required to tell the truth. It is a crime to lie to federal police agents and it is a crime to give false identification to police in many areas [ed- find a cite for this?].
The Supreme Court has said: "A brief stop of a suspicious individual, in order to determine his identity or to maintain the status quo momentarily while obtaining more information, may be most reasonable in light of the facts known to the officer at the time." Adams v. Williams, 407 U.S. 143, 146 (1972).
If you want to avoid long and unpleasant interactions with police, do not give them any reasons to suspect you of criminal activity. Courteously decline to participate in 'fishing expeditions' or any other actions you do not wish to perform.
Police may search you 'incident to arrest': after or while arresting someone, police are allowed to search the body of the person being arrested. Recent decisions by the Supreme Court have also allowed the police to do exhaustive searches of any vehicle the arrestee was in and any containers therein. The Supreme Court held "that the police may examine the contents of any open or closed container found within the passenger compartment, 'for if the passenger compartment is within the reach of the arrestee, so will containers in it be within his reach.'" 453 U.S., at 460 (footnote omitted). See also Michigan v. Summers, 452 U.S. 692, 702 (1981).
In Pennsylvania v. Mimms, 434 U.S. 106 (1977), the Supreme Court "held that police Officers may order persons out of [463 U.S. 1032, 1048] an automobile during a stop for a traffic violation, and may frisk those persons for weapons if there is a reasonable belief that they are armed and dangerous."
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'.
- Stay Calm. Speak calmly and slowly and don't be surprised if the officer becomes irritated, angry, or belligerent. Move slowly.
- 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?"
- 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."
- 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.
- 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.
- 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.
- 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.
- 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).
Wednesday, August 28, 2013
Obama is al-Qa’ida
If Barack Obama decides to attack the Syrian regime, he has ensured – for the very first time in history – that the United States will be on the same side as al-Qa’ida.
Quite an alliance! Was it not the Three Musketeers who shouted “All for one and one for all” each time they sought combat? This really should be the new battle cry if – or when – the statesmen of the Western world go to war against Bashar al-Assad.
The men who destroyed so many thousands on 9/11 will then be fighting alongside the very nation whose innocents they so cruelly murdered almost exactly 12 years ago. Quite an achievement for Obama, Cameron, Hollande and the rest of the miniature warlords.
This, of course, will not be trumpeted by the Pentagon or the White House – nor, I suppose, by al-Qa’ida – though they are both trying to destroy Bashar. So are the Nusra front, one of al-Qa’ida’s affiliates. But it does raise some interesting possibilities.
Maybe the Americans should ask al-Qa’ida for intelligence help – after all, this is the group with “boots on the ground”, something the Americans have no interest in doing. And maybe al-Qa’ida could offer some target information facilities to the country which usually claims that the supporters of al-Qa’ida, rather than the Syrians, are the most wanted men in the world.
There will be some ironies, of course. While the Americans drone al-Qa’ida to death in Yemen and Pakistan – along, of course, with the usual flock of civilians – they will be giving them, with the help of Messrs Cameron, Hollande and the other Little General-politicians, material assistance in Syria by hitting al-Qa’ida’s enemies. Indeed, you can bet your bottom dollar that the one target the Americans will not strike in Syria will be al-Qa’ida or the Nusra front.
And our own Prime Minister will applaud whatever the Americans do, thus allying himself with al-Qa’ida, whose London bombings may have slipped his mind. Perhaps – since there is no institutional memory left among modern governments – Cameron has forgotten how similar are the sentiments being uttered by Obama and himself to those uttered by Bush and Blair a decade ago, the same bland assurances, uttered with such self-confidence but without quite enough evidence to make it stick.
In Iraq, we went to war on the basis of lies originally uttered by fakers and conmen. Now it’s war by YouTube. This doesn’t mean that the terrible images of the gassed and dyingSyrian civilians are false. It does mean that any evidence to the contrary is going to have to be suppressed. For example, no-one is going to be interested in persistent reports in Beirut that three Hezbollah members – fighting alongside government troops in Damascus – were apparently struck down by the same gas on the same day, supposedly in tunnels. They are now said to be undergoing treatment in a Beirut hospital. So if Syrian government forces used gas, how come Hezbollah men might have been stricken too? Blowback?
And while we’re talking about institutional memory, hands up which of our jolly statesmen know what happened last time the Americans took on the Syrian government army? I bet they can’t remember. Well it happened in Lebanon when the US Air Force decided to bomb Syrian missiles in the Bekaa Valley on 4 December 1983. I recall this very well because I was here in Lebanon. An American A-6 fighter bomber was hit by a Syrian Strela missile – Russian made, naturally – and crash-landed in the Bekaa; its pilot, Mark Lange, was killed, its co-pilot, Robert Goodman, taken prisoner and freighted off to jail in Damascus. Jesse Jackson had to travel to Syria to get him back after almost a month amid many clichés about “ending the cycle of violence”. Another American plane – this time an A-7 – was also hit by Syrian fire but the pilot managed to eject over the Mediterranean where he was plucked from the water by a Lebanese fishing boat. His plane was also destroyed.
Sure, we are told that it will be a short strike on Syria, in and out, a couple of days. That’s what Obama likes to think. But think Iran. Think Hezbollah. I rather suspect – if Obama does go ahead – that this one will run and run.
Robert Fisk
Robert Fisk is a multiple award-winning journalist on the Middle East, based in Beirut.
Monday, August 5, 2013
The death of privacy
The Public-Private Surveillance Partnership
- by Stephen Eide, Bruce Schneier, Leonid Bershidsky, Francis Wilkinson, Adam Minter, Caroline Baum, James Greiff
- original
Imagine the government passed a law requiring all citizens to carry a tracking device. Such a law would immediately be found unconstitutional. Yet we all carry mobile phones.
If the National Security Agency required us to notify it whenever we made a new friend, the nation would rebel. Yet we notify Facebook Inc. (FB) If the Federal Bureau of Investigation demanded copies of all our conversations and correspondence, it would be laughed at. Yet we provide copies of our e-mail to Google Inc. (GOOG), Microsoft Corp. (MSFT) or whoever our mail host is; we provide copies of our text messages to Verizon Communications Inc. (VZ),AT&T Inc. (T) and Sprint Corp. (S); and we provide copies of other conversations to Twitter Inc., Facebook, LinkedIn (LNKD) Corp. or whatever other site is hosting them.
The primary business model of the Internet is built on mass surveillance, and our government’s intelligence-gathering agencies have become addicted to that data. Understanding how we got here is critical to understanding how we undo the damage.
Computers and networks inherently produce data, and our constant interactions with them allow corporations to collect an enormous amount of intensely personal data about us as we go about our daily lives. Sometimes we produce this data inadvertently simply by using our phones, credit cards, computers and other devices. Sometimes we give corporations this data directly on Google, Facebook, Apple Inc.’s iCloud and so on in exchange for whatever free or cheap service we receive from the Internet in return.
The NSA is also in the business of spying on everyone, and it has realized it’s far easier to collect all the data from these corporations rather than from us directly. In some cases, the NSA asks for this data nicely. In other cases, it makes use ofsubtle threats or overt pressure. If that doesn’t work, it uses tools like national security letters.
The Partnership
The result is a corporate-government surveillance partnership, one that allows both the government and corporations to get away with things they couldn’t otherwise.
There are two types of laws in the U.S., each designed to constrain a different type of power: constitutional law, which places limitations on government, and regulatory law, which constrains corporations. Historically, these two areas have largely remained separate, but today each group has learned how to use the other’s laws to bypass their own restrictions. The government uses corporations to get around its limits, and corporations use the government to get around their limits.
This partnership manifestsitself in various ways. The government uses corporations to circumvent its prohibitions against eavesdropping domestically on its citizens. Corporations rely on the government to ensure that they have unfettered use of the data they collect.
Here’s an example: It would be reasonable for our government to debate the circumstances under which corporations can collect and use our data, and to provide for protections against misuse. But if the government is using that very data for its own surveillance purposes, it has an incentive to oppose any laws to limit data collection. And because corporations see no need to give consumers any choice in this matter -- because it would only reduce their profits -- the market isn’t going to protect consumers, either.
Our elected officials are often supported, endorsed and funded by these corporations as well, setting up an incestuous relationship between corporations, lawmakers and the intelligence community.
The losers are us, the people, who are left with no one to stand up for our interests. Our elected government, which is supposed to be responsible to us, is not. And corporations, which in a market economy are supposed to be responsive to our needs, are not. What we have now is death to privacy -- and that’s very dangerous to democracy and liberty.
Challenging Power
The simple answer is to blame consumers, who shouldn’t use mobile phones, credit cards, banks or the Internet if they don’t want to be tracked. But that argument deliberately ignores the reality of today’s world. Everything we do involves computers, even if we’re not using them directly. And by their nature, computers produce tracking data. We can’t go back to a world where we don’t use computers, the Internet or social networking. We have no choice but to share our personal information with these corporations, because that’s how our world works today.
Curbing the power of the corporate-private surveillance partnership requires limitations on both what corporations can do with the data we choose to give them and restrictions on how and when the government can demand access to that data. Because both of these changes go against the interests of corporations and the government, we have to demand them as citizens and voters. We can lobby our government to operate more transparently -- disclosing the opinions of the Foreign Intelligence Surveillance Court would be a good start -- and hold our lawmakers accountable when it doesn’t. But it’s not going to be easy. There are strong interests doing their best to ensure that the steady stream of data keeps flowing.
(Bruce Schneier is a computer security technologist. He is the author of several books, including his latest, “Liars and Outliers: Enabling the Trust Society Needs to Thrive.”)
To contact the writer of this article: Bruce Schneier atschneier@schneier.com.
To contact the editor responsible for this article: Alex Bruns atabruns@bloomberg.net.
Saturday, August 3, 2013
Friday, August 2, 2013
Liar, Liar
Obama's phony scandal... dozens of CIA operatives on the ground during the September 11th terrorist attack
For almost a year, Obama has lied over and over again to the American people to provide cover for his horrendous decision-making that left four Americans to die in Benghazi at the hands of terrorists. He also kept a lid on the identities and whereabouts of as many as 33 survivors of the 9/11/12 Benghazi terrorist attacks, witnesses to the murder of four Americans. This should incense you! We have been calling for a full investigation into all events surrounding Benghazi. We ask for your support as we fight Obama’s lies and cover-up.
Obama and Hillary Clinton are desperate to keep these witnesses and their testimony silent. Simply put, they want these witnesses to sit down, shut-up, and be grateful that they still have a job. They want you to believe that this terrorist attack is not important. After all, Hillary Clinton did said, “What difference does it make?” If the truth doesn't come out about Benghazi, Hillary Clinton could potentially be our next president. This lack of action and cover-up should have consequences. It’s the difference between real leadership and lack thereof.
For almost a year, Obama has lied over and over again to the American people to provide cover for his horrendous decision-making that left four Americans to die in Benghazi at the hands of terrorists. He also kept a lid on the identities and whereabouts of as many as 33 survivors of the 9/11/12 Benghazi terrorist attacks, witnesses to the murder of four Americans. This should incense you! We have been calling for a full investigation into all events surrounding Benghazi. We ask for your support as we fight Obama’s lies and cover-up.
Obama and Hillary Clinton are desperate to keep these witnesses and their testimony silent. Simply put, they want these witnesses to sit down, shut-up, and be grateful that they still have a job. They want you to believe that this terrorist attack is not important. After all, Hillary Clinton did said, “What difference does it make?” If the truth doesn't come out about Benghazi, Hillary Clinton could potentially be our next president. This lack of action and cover-up should have consequences. It’s the difference between real leadership and lack thereof.
Thursday, August 1, 2013
Obama caught in lie; NSA can read everything without warrant
A top secret National Security Agency program allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals, according to documents provided by whistleblower Edward Snowden.
The NSA boasts in training materials that the program, called XKeyscore, is its "widest-reaching" system for developing intelligence from the internet.
The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight.
The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardianon June 10.
"I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email".
US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do."
But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed.
XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks – what the agency calls Digital Network Intelligence (DNI). One presentation claims the program covers "nearly everything a typical user does on the internet", including the content of emails, websites visited and searches, as well as their metadata.
Monday, July 29, 2013
Kokesh held without bond
WASHINGTON - A D.C. Superior Court judge has ordered a veteran and activist accused of openly carrying a shotgunin D.C.'s Freedom Plaza held without bond.
During a preliminary hearing Monday, an attorney representing Adam Kokesh argued that the stunt -- filmed and posted on YouTube -- was nothing more than political theater.
The judge disagreed, ordering that Kokesh be held until his next court appearance.
"I consider your client to be a very dangerous man," the judge said. "This is not a political statement."
Kokesh had been arrested and charged with drug-related offenses in Fairfax County, Va., earlier in July.
He is expected back in a D.C. courtroom Aug. 13.
See the video from July 4 here:
Activist Adam Kokesh charged with openly carrying shotgun in D.C.
The judge disagreed, ordering that Kokesh be held until his next court appearance.
"I consider your client to be a very dangerous man," the judge said. "This is not a political statement."
Kokesh had been arrested and charged with drug-related offenses in Fairfax County, Va., earlier in July.
He is expected back in a D.C. courtroom Aug. 13.
See the video from July 4 here:
Activist Adam Kokesh charged with openly carrying shotgun in D.C.
Sunday, July 28, 2013
Chris Christie is a fat-ass neo-con punk
New Jersey Gov. Chris Christie is ripping libertarians – including Sen. Rand Paul (R-Ky.). – for challenging government surveillance programs and failing to understand the dangers of terrorism.
“This strain of libertarianism that’s going through parties right now and making big headlines I think is a very dangerous thought,” the New Jersey governor said on Thursday at a Republican governors forum in Aspen, Colo. “You can name any number of people and (Paul is) one of them.”
The Republican Party will quickly fall into a death spiral with this fat ass bitch as a serious contender. His true colors: loves Obama, hates liberty. Hopefully he'll choke on a bagel... Maybe reenact the Deliverance love scene with his buddy Barack first.
Tuesday, July 23, 2013
Dealing with cops
American Civil Liberties Union
IF YOU ARE STOPPED FOR QUESTIONING
Stay calm. Don't run. Don't argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them.
Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself.
You do not have to consent to a search of yourself or your belongings, but police may "pat down" your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.
IF YOU ARE STOPPED IN YOUR CAR
Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.
Upon request, show police your driver's license, registration and proof of insurance.
If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.
Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent.
IF YOU ARE QUESTIONED ABOUT YOUR IMMIGRATION STATUS
You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)
If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.
Do not lie about your citizenship status or provide fake documents.
IF THE POLICE OR IMMIGRATION AGENTS COME TO YOUR HOME
If the police or immigration agents come to your home, you do not have to let them in unless they have certain kinds of warrants.
Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent.
Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.
IF YOU ARE CONTACTED BY THE FBI
If an FBI agent comes to your home or workplace, you do not have to answer any questions. Tell the agent you want to speak to a lawyer first.
If you are asked to meet with FBI agents for an interview, you have the right to say you do not want to be interviewed. If you agree to an interview, have a lawyer present. You do not have to answer any questions you feel uncomfortable answering, and can say that you will only answer questions on a specific topic.
IF YOU ARE ARRESTED
Do not resist arrest, even if you believe the arrest is unfair.
Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. If you can't pay for a lawyer, you have the right to a free one. Don't say anything, sign anything or make any decisions without a lawyer.
You have the right to make a local phone call. The police cannot listen if you call a lawyer.
Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.
Special considerations for non-citizens:
- Ask your lawyer about the effect of a criminal conviction or plea on your immigration status.
- Don't discuss your immigration status with anyone but your lawyer.
- While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer.
- Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.
IF YOU ARE TAKEN INTO IMMIGRATION (OR "ICE") CUSTODY
You have the right to a lawyer, but the government does not have to provide one for you. If you do not have a lawyer, ask for a list of free or low-cost legal services.
You have the right to contact your consulateor have an officer inform the consulate of your arrest.
Tell the ICE agent you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.
Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S.
Remember your immigration number ("A" number) and give it to your family.It will help family members locate you.
Keep a copy of your immigration documents with someone you trust.
IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED
Remember: police misconduct cannot be challenged on the street. Don't physically resist officers or threaten to file a complaint.
Write down everything you remember, including officers' badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses. If you are injured, take photographs of your injuries (but seek medical attention first).
File a written complaint with the agency's internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.
Call your local ACLU or visitwww.aclu.org/profiling.
This information is not intended as legal advice.
Produced by the American Civil Liberties Union 6/201
0
Because freedom can't protect itself.
Know Your Rights: What To Do If You're Stopped By Police, Immigration Agents or the FBI
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We rely on the police to keep us safe and treat us all fairly, regardless of race, ethnicity, national origin or religion. This card provides tips for interacting with police and understanding your rights.
Note: Some state laws may vary. Separate rules apply at checkpoints and when entering the U.S. (including at airports).
Note: Some state laws may vary. Separate rules apply at checkpoints and when entering the U.S. (including at airports).
WHAT TO DO IF YOU'RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI (Download»)
YOUR RIGHTS
- You have the right to remain silent. If you wish to exercise that right, say so out loud.
- You have the right to refuse to consent to a search of yourself, your car or your home.
- If you are not under arrest, you have the right to calmly leave.
- You have the right to a lawyer if you are arrested. Ask for one immediately.
- Regardless of your immigration or citizenship status, you have constitutional rights.
- You have the right to remain silent. If you wish to exercise that right, say so out loud.
- You have the right to refuse to consent to a search of yourself, your car or your home.
- If you are not under arrest, you have the right to calmly leave.
- You have the right to a lawyer if you are arrested. Ask for one immediately.
- Regardless of your immigration or citizenship status, you have constitutional rights.
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YOUR RESPONSIBILITIES
- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter.
- Do file a written complaint or call your local ACLU if you feel your rights have been violated.
- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter.
- Do file a written complaint or call your local ACLU if you feel your rights have been violated.
MAKE A DIFFERENCE
Your support helps the ACLU defend immigrants’ rights and other civil liberties.
If You Are
IF YOU ARE STOPPED FOR QUESTIONING
Stay calm. Don't run. Don't argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them.
Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself.
You do not have to consent to a search of yourself or your belongings, but police may "pat down" your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.
IF YOU ARE STOPPED IN YOUR CAR
Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.
Upon request, show police your driver's license, registration and proof of insurance.
If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.
Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent.
IF YOU ARE QUESTIONED ABOUT YOUR IMMIGRATION STATUS
You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)
If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.
Do not lie about your citizenship status or provide fake documents.
IF THE POLICE OR IMMIGRATION AGENTS COME TO YOUR HOME
If the police or immigration agents come to your home, you do not have to let them in unless they have certain kinds of warrants.
Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent.
Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.
IF YOU ARE CONTACTED BY THE FBI
If an FBI agent comes to your home or workplace, you do not have to answer any questions. Tell the agent you want to speak to a lawyer first.
If you are asked to meet with FBI agents for an interview, you have the right to say you do not want to be interviewed. If you agree to an interview, have a lawyer present. You do not have to answer any questions you feel uncomfortable answering, and can say that you will only answer questions on a specific topic.
IF YOU ARE ARRESTED
Do not resist arrest, even if you believe the arrest is unfair.
Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. If you can't pay for a lawyer, you have the right to a free one. Don't say anything, sign anything or make any decisions without a lawyer.
You have the right to make a local phone call. The police cannot listen if you call a lawyer.
Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.
Special considerations for non-citizens:
- Ask your lawyer about the effect of a criminal conviction or plea on your immigration status.
- Don't discuss your immigration status with anyone but your lawyer.
- While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer.
- Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.
IF YOU ARE TAKEN INTO IMMIGRATION (OR "ICE") CUSTODY
You have the right to a lawyer, but the government does not have to provide one for you. If you do not have a lawyer, ask for a list of free or low-cost legal services.
You have the right to contact your consulateor have an officer inform the consulate of your arrest.
Tell the ICE agent you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.
Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S.
Remember your immigration number ("A" number) and give it to your family.It will help family members locate you.
Keep a copy of your immigration documents with someone you trust.
IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED
Remember: police misconduct cannot be challenged on the street. Don't physically resist officers or threaten to file a complaint.
Write down everything you remember, including officers' badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses. If you are injured, take photographs of your injuries (but seek medical attention first).
File a written complaint with the agency's internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.
Call your local ACLU or visitwww.aclu.org/profiling.
This information is not intended as legal advice.
Produced by the American Civil Liberties Union 6/201
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