[Noisebridge-discuss] Some smart things to do when asked anything by an officer of the law
justinsfca at gmail.com
Tue Feb 28 22:40:28 PST 2012
Why is everyone still talking about the FBI? They came, they went, and now
they're gone. LOLZ Y'ALL are paranoid!!
On Feb 27, 2012 12:56 PM, "Martin Bogomolni" <martinbogo at gmail.com> wrote:
> This goes for policemen, FBI agents, NSA agents, you name it. Some
> no-nonsense simple rules to protect your legal butt.
> * Be courteous and non-confrontational. Don't talk back, don't raise
> your voice. You can only lose by increasing the hostility of the
> * Keep your private stuff out of sight. If it's in plain view, no
> search warrant is needed for the officer to have a lock. This also
> extends to your laptop, so remember to "lock screen" if possible.
> * Determine the reason you have been pulled aside/stopped/asked a
> question. Ask "Why am I being questioned/stopped/detained"
> * REFUSE a warrantless search and refuse a warrantless entry. Just.
> Say. No. If a police officer asks your for your permission to
> search, you are under no obligation to consent. If you consent to a
> search, you are giving up one of the strongest and best constitutional
> rights you have. (Fourth amendment) "... I do not consent to a
> search of my private property."
> * Determine if you can leave, if stopped by an officer. "I have to
> be on my way, am I free to go?"
> * DO NOT PHYSICALLY RESIST. If the officer/agent/etc decide to
> detain, search, or arrest you without your consent, don't resist
> physically. Stick peacefully to your guns, and say clearly but
> without raising your voice or confronting the officer "I am not
> resisting arrest and I don't consent to any searches." Or better
> yet, say -nothing- until you have an attorney present.
> * Don't answer _any_ questions without an attorney present. The
> officer/agent/sheriff/deputy is not your friend, no matter how
> friendly they are, or how conversational. Assert your fifth, and
> sixth amendment rights! Simply say "Officer, I have nothing to say
> until I speak with a lawyer." Anything you say, beyond that, can
> lead to a "reasonable" search and thus a warrantless search. This
> includes the whole of the hackerspace, for example.
> Many of you have heard this spiel before, from me, from Jake Applebaum
> and others at events ranging from Burning Man to Defcon. You can do
> as you wish, but your legal butt is best protected if you follow this
> procedure. You may politely, but firmly deny entry to any officer at
> the door of Noisebridge, and in my opinion should do so. Refer the
> officer politely to the board of Noisebridge, give them appropriate
> contact information if you know it (the website address will do),
> unless they have a warrant (see above).
> Some caveats: This is for the United States only. Different
> countries have different laws.
> This does NOT WORK with the TSA. They have a separate federal
> mandate, and are present on private property (the airport/train
> This does NOT WORK with Customs Agents. Again, they have a separate
> federal mandate.
> This does NOT (neccesarily) WORK if you are currently enlisted in the
> military, on a base, etc. This includes parts of the Presidio,
> Monterrey Bay, Lawrence Livermore National Labs, etc. The uniform
> code of military justice is the standard if you're in the military,
> and as a civilan guest on a base you have relented certain rights.
> The right to remain silent does, however, still apply.
> I am not a lawyer. However I am a Black Rock Ranger and have been
> volunteering at Burning Man for a number of years. This advice was
> compiled from the material distributed by the legal team that trains
> us to be mediators between law enforcement and the participants at
> Burning Man. It is field tested.
> Noisebridge-discuss mailing list
> Noisebridge-discuss at lists.noisebridge.net
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