What Should You Do If You Are Stopped By The Police?

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.

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.

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 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 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.
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 visit www.aclu.org/profiling.

Whatthefucsup? Lindsay Stays Free to Snort Another Day But T.I. Can't Get Help Even After Begging

Lindsay Lohan escaped jail again  on Friday when Rapper T.I. was sentenced to 11 months in jail for violating a very similar crime. One can't hope but wonder if this is because T.I. needs the phone number of Lohan's Beverly Hills Lawyer or if this coincidence has another reason for having varying results.

Beverly Hills Superior Court Judge Elden S. Fox ordered Lohan back to rehab for violating probation by testing positive for a random drug test. She will stay at the Betty Ford Center until January 3, 2011. Judge Fox advised Lohan that she needed to think about her future, “You will become unemployable,” he added. “Uninsurable.”

Dannette Meyers, Los Angeles District Attorney strongly recommended Lohan get 180 days (6 months) in jail for her violation. She pointed out that this will be Lohan's sixth time in jail. “This is an ongoing cycle,” DA Danette Meyers told the court, adding that the only way the court would get Lohan’s attention would be by sending her to jail.

On October 15th, there was an example of the type of sentencing that Lindsay Lohan should have received happening on the other side of the Mississippi.

U.S. District Court Judge Charles Pannell Jr. revoked rapper T.I.‘s freedom and ordered him back to prison for 11 months. T.I. was arrested last month in Los Angeles on suspicion of drug possession. Unfortunately for him, he was on probation. His dumb moment was that after serving 10 months behind bars on federal weapons charges, he was caught with possession of marijuana and Ecstasy. Maybe he thought he had more in common with Lindsay than he does.

During the hearing, T.I. begged Pannell not to send him back to prison, (similar to Lindsay) saying he needed to get help for drug addiction. “I want drugs out of my life. If I can get the treatment and counseling I need … I can beat this,” T.I. told the judge, according to U.S. attorney spokesman Patrick Crosby. “I need help.
For me, my mother, my kids, I need the court to give me mercy.” Mercy is exactly what T.I. needed. Unlike Lindsay, his prior charge was not drug possession. He did not violate his probation FROM drug possession WITH some more drug possession. Which would be a good cause to throw him in jail for a double violation. He has NOT ever been to rehab before. So wouldn't it make sense to give him a chance at it?

T.I’s attorneys argued that after reviewing nearly 250 cases with similar charges, none of those people were put back behind bars for violating probation. What makes him different? Violating probation by committing a crime that put no one in danger but himself, caused no harm to society. Instead of placing him in jail out of the stream of society, he should be able to have the chance to fix himself just as Lohan has 6 TIMES. She boundlessly violates her probation by committing the same crime over and over. When will she have to learn her lesson? What is really going on here?

Proposition 8 Found Unconstitutional, Now What?

Hooray! All will be free to marry who they wish and the 18,000 same-sex marriages that took place in 2008 will be valid. Not.

Unfortunately, our legal system is a bit more complicated than that. California's ban on gay marriage, will be nothing if not a long and winding road. Today, there is a signpost in that road.

U.S. District Court Chief Judge Vaughn Walker handed down his decision in the first federal court challenge to the constitutionality of the law. Despite the court's holding that the law does violate the constitution, not much will change today for same sex couples in the Golden State who wish to marry. Before the decision was announced, Prop 8 supporters had the petition ready to challenge the ruling.
Judge Walker's ruling was clearly based on basic logic. "California is able to issue marriage licenses to same-sex couples," Judge Walker wrote, "as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result." Translation: It was already done and the world didn't crash into oblivion so why not?

But do not look for rice and white roses for same sex couples anytime in the very near future. A motion to stay (temporarily halt) the decision was already filed and an appeal with the 9th Circuit Court of Appeals is in the works.

So, if since it's found unconstitutional, can't we get married while this is ongoing? No.

Judge Walker has refused to allow same sex marriages to take place during the on-going legal process, citing the uncertainly that will result until the law is settled. Despite the decision from the court today, Californians will still have to wait to see what the long term effects of allowing gay marriage would truly have on the lives of not only those who then marry, but on all citizens.