Group aims to demystify the law
You’re at a party, the cops come to the door and you don’t know your rights.
The “Know Your Rights” presentation by Midnight Special Law Collective on Wednesday night in Hellums 201 gave students insight on what to do when the fuzz comes knocking.
Midnight Special Law Collective is a non-profit organization providing legal training focusing on injustices in the way constitutional law is carried out by police.
“We are all non-lawyers. We’re activists who work with the law in order to demystify it so that people know their rights, so that their more in power whether their hanging out on the street or involved in political action,” said Greg Michalec, a Midnight Special activist.
The presentation held six informative, situation based role-plays representing common situations where citizens may find themselves unclear about what to do.
The role-plays focused on the right and wrong ways to handle situations such as undercover police officers, stealing, house parties, speeding tickets, arraignments and signing documents.
One role-play involved a man walking through a park. An undercover cop asked him if he wanted to buy and smoke marijuana. The man reluctantly agreed and was immediately arrested. This highlighted the fact policemen are not guilty of entrapment if they don’t reveal their true identity.
“They need to in order to get their job done; cops must create an identity. And in order to create this persona, they need to give an impression that requires them to break their own drug laws,” said Ariel Glenn, a Midnight Special activist.
Entrapment is only an issue when the undercover officer involved gives you no choice, such as the threat of physical injury or harm to someone else.
Once you identify a person as a police officer, there are many things you can do. According to the presentation, there are three types of police interactions.
- Casual Conversation: You can ask “Am I being detained?” and/or “Am I free to go?” and if so, you can walk away.
- Denention: This is where you are being held because you have given the officer probable cause to believe that you’ve broken a law. Ask “Why?” The officer doesn’t have to give you an answer but it is good to ask. If the officer does, remember what they said.
- Arrest: In this case, you are taken into police custody for the reason you were detained, and if you play your cards wrong, perhaps a couple more reasons. The best thing to do? SHUT UP. Just because an officer doesn’t read you your Miranda Rights, does not mean that your arrest is invalid. Say “I choose to remain silent and I want to see a lawyer.”
“There are only two situations where cops have to read you your rights. That is when you are in their custody or if they want to ask you questions. Cops also violate Miranda Rights all the time,” Glenn said.
The Midnight Special also stressed being specific in dialogue when arrested. “I choose to remain silent and I want to see a lawyer” is the best choice of wording.
“I would rather not talk” can translate on record as “consented grudgingly.”
While some college students have never been in a direct dialogue with the police, many cannot ignore the frantic feeling when someone at a party shouts that infamous four-letter word: “COPS!”
Booking it out the back door may not be necessary if you know your rights.
If the 5-0 knocks, you don’t have to let them in. According to the Midnight Special, the biggest reasons why people get in trouble at parties is because the police are immediately let in.
The truth is, the police can’t come in unless they are invited. They can also enter if they have a warrant or probable cause. Probable cause at a party or in a car means there is something in plain view that is incriminating, such as a keg or drug paraphernalia.
“Get incriminating evidence out of sight. Open the door as little as possible to get outside to talk. Close and lock it behind you. It helps to bring 1-2 witnesses with you, but make sure you are the one doing the talking,” Glenn said.
The most important thing to say is “I don’t consent to a search.” The police need probable cause or a warrant to search. The person who says this does not have to own the house, anyone at the party can say this. This may not stop any kind of search or entry into the house. But if it is not consented to, the greater the chance it will be named an illegal search in court.
Without probable cause, you have the right to refuse searches in purses, bags and cars as well.
“Ask to see a warrant. If they have a warrant, maybe there’s something wrong with that warrant. If you look at it and think ‘Well, I see a date, I see a signature’ and all this good stuff, still remember that you’re not a lawyer, maybe it’s not the right signature. This is for other people to sort out later in the courts. If you always assert your rights, you can be protected later,” Glenn said.
The Midnight Special stressed remaining silent and not consenting to a search as the key things to any police interaction.
Using any kind of physical force to resist an arrest or search can have serious implications. Touching a police car, officer or officer’s weapon, no matter how lightly can go on record as assault toward an officer.
“Even though we are not lawyers, we run the information in these claims by lawyers. However, the law does change sometimes and if you are planning on doing any action or something that may get you in trouble you should definitely consult with a lawyer,” Michalec said.
“I thought it would just be smart to know what I can do, I thought there was a lot of important information that is useful to us,” said Sean Best, a mechanical engineering senior.
Visit Safe Access Colorado’s Web site For more information or call (800)418-3352.
Contact Campus Press staff writer Amanda Pehrson at amanda.pehrson@thecampuspress.com
