Know Your Rights

There are iwoi:considerations in matters involving the police; the legal aspect and the realistic aspect, liegally,'vovi have a Ton^ list of rights guaranteed you byHhe Constiiutipn and the courts. Realistically, the " police ran do*just'about anything they want to you ; ' ami get away with il 99 percent of I he-time. It 3II boils tiujArti^t^i :th<; fact'that'a cop has a badge and. more '.¡irippriantly, gun. while you probably don't. This ^pecfcfflf,dealing wilhthe police is especially impoif-. 'Isnt' tor the average criminal who is probably doings nothing more illegal than smoking a joint or possibly selling some red Lebanese. Wc have briefly' out lined ; ¿your ri^bts^asiar as the lawgbes; ail nf the following: idetails apply as much loan armed robber as they do to those of you? involved in victimless crimes,

There are three general rules to keep in mind; though, in ail aspects of dealing with the police. For one, rto • mutter how mucbiitrnay bother you. and no matter, how obnoxious the officer you may be dealing with, ;t | be friendly and polite. A "no. sir" or a "yes, sir" might l/e^ust 'thing;to prevent further hassling. During the. preliminary stages of police questioning during ' any kimL of "routine check." it is more important for iyoyr^ell-being, to answer simple questions of where ' ¡•you nre headed;or are coming from- even with a.lie/j i thiri to cite your right to remain silent. inKnKM v • ; ,, j

The second rule that applies in all cases is that ¿anything you say can and will be held against you ih r is court of law. Beyond being polite and giving your 'jhame and address,-you should remain silent. An-iwers'ie the most innocent-sounding questions can ■^reveal information that can be more helpful to the

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intend if to be. You have the right to counsel before answering any questions or making any statements to the police. Use it-it may make ;the : difference -between conviction or not, should things get to the trial stages. .

.A third important rule to keep in mind is to'be sure ;f andget the names and shield numbers of any police present while you are being questioned, searched. , arrested or anything else of consequence. They are / required to identify themselves to you. When possible, write this information down for reference.

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■ The policfe i;haveiVtHeTegiil- stbjpi the; flu.- '

J; tomobiie you are' driving and examine the registra-: ' 11 o n. I n su ra n c r d and y 011 rl ice nse . They a! so ha ve the right-to?check the outside of the car-for possible violations of your .slide's saiety requirements. He-sides looking through the car windows, police do not { have the right to search the inside of the auto without a search warrant unless they have probable cause Here's where t hings get' tricky.

"Probable cause" me anjphal t heV havereasonable ■ grounds to believe that you have committed: or are 0 committing a crime. They canit legally search the vehicle merely on thVbasis of suspicion. The courts sueni to determine probable cuuse^s any thing with-;, in the realm of probability. Tlje smelling; of man- ■ : plana smoke is the kind of borderline probable cause that only the court can decide the legitimacy of.

li a cop asks permission to search your car. you may • refuse. Unfortuantely. you can't legally rests! ail unlawful search. Whether or not an arrest is made, you: should file a complaint of the search with the -■ police precinct and the A©LU (although not much , will come of either). .1 ; ;

The best defense against an illegal search is toget out , oE your car and lock the doors when you are stopped : by the police. If they decide to break into your car. j you have proof of forced entry, whether or not there : ia anything in the car yoitwish to hide. You should at "Toast"lock your glove merit while being . pulled over andideny having the key. If the police \ break into any part of your car, especially if you're innocent of any crime, you can build a decent case of harassment. If you are arrested for any reason after a forced eniry. it .wil^be easier to claim illegal search.: The same rule goes for your trunk except for one detail. In most stales you must carry 11 spare tire and 1 if asked; display it^io the police- Oi-pburse, if .you: prefer a traffic ticket to opening your trunk, you have this second option1; by oxplalnfog you don't carry a spare and leaving the trunk closed.

IF for some reason you have s.;mi.(hinginyuur glove . compartment thaiyouVvould:prefer no! displaying before the police, make sure all jour identification. pipers (license, registration, insuranee) are rtmoved and lhe glnve comparlmeritslocked( ■ ;:' -,'Vv ^."¿U:;:

yaji have rights and to firmly defend thórri without bein. óbnoxióiw or wising off. You'll have to piny it by ear and, as always, the courts rnakc any décisions that ultimate* i lynecd te he madè.

Stop and Frisk

Police officers may stop any person in a public place whom they reasonably suspect is involved with the commission of a crime and demand the person's ' name, address and an explanation of his or her actions (the peñón has the right to remain silent). Wheft doing this, they may frisk you fora dangerous weapon only if they have reasonable grounds lo believe themselves in danser of life and limb. A frisk - is a pal-drwn of the outer surfaces of one's clothing.

Unless you aré under arrest, the police hove nurighl to took i asi d u your packets, handbag, suitcriee or i afjything else that's not In- plain sight without n k search wárrant. They may ask to, but you have the ! right not to lut (hem. Your refusal to let them search youheyohd a frisk can in no wny be used against you in a c >urt of (aw, regardless of threils lo that effect. It is not in eliminating to refuse a search, it is your right. When carrying any typo of illegal substance» on the street, it is best to usa some sort of flexible, plastic container Small glass jars or aluminum film canister; cause suspicion when frisked and might be just the thing to tempt some eager cop to turn a legal frisk into an illegal aeirch. Pipta should be carried in your boot or (Ipjvn your pants for maximum safety.

' Of crttinte, when it gets right down to it, the officers involved will either search you or not, depending on how they feel. If you're arrested, the court might disqualify the results of th« search, depending on how the judge feels. Lege) protection seems ( : fade as you're confronted with the alternatives of an illegal search or getting your head punched in. Good [-."probable cause" (sea "Automobile Searches") is am ther factor In judging an illepil search-

You are not entitled to resist what yi u believe to be an illegal arrtsl. In almost every cast, using force will go against you onij way or another. Even provoking a cop enough to hit you will go against you. because ft will force the cop to ebini you initiated the force in some way.

During an arrest, it is alwwys wise to have witnesses. If there are nunc present, try to attract a few. This might prevent unlawful practices by the police and/ i>r help your case in court. Make surs you remember as many details »bout the arrest proceedings as you it may help later Try to memorise any threats , thai are made or any attempts to supersede your ' legal rights. T. ■

Once you ore arrested, any officer has the right to scarch your person, car or house, depending on whore you art'. The main thing to remember til all times, but especially after an arrest, is to remain i m m&ffigf. m^mmm silent. A police officer must inform you olyour rights id remain silent and to hire rin attorney, and ycu should do so. Nothing you say can help you once' you'rt' in custody, and you can do unrealized harm by answering any quoltun at all And don't try to bargain wilh the police, bacause a police officer's promises are not binding. A cop can tell you anything and carry through on none of it. Be sure to consult a lawyer, who will he appointed by the court if you can t afford your own

Y,iu are allowed one phone call after being arrested, ind this call should be used wisely, Thuugh your first response to the situation might be to call o lawyer, it is wiser to call a trusted friend or relative you know to be home. This person can then proceed tc make as many cailsas necessary to summon an attorney, raise bail, notify others uf the nrrest. etc. If ¡he lawyer you call happens noi lo be around, it is not as easy as you might imagine to hassle a second and third call.

The advice to nut answer questions tht police ask may seem to he pelting repetitive, but it cannot be overemphasized. You may assume the police will use any method of trickcry to^et information they may want to use in the futuro. Police manuals detail' devices to be employed by intcrrogatorsto get a suspect to admit more than he or she wishes. <

The most commonly used method of interrogation is the "Mutt and J*iff" routine. Cop A assumes the role of a hard-assort bastard: threatening, shouting, cursing pt.ssibly even getting physically violent: Cop P keeps an unrkrstandingguise: fairly quirt while cop, A is present and almost sympathetic when cop A leaves for a minute. Cop B tries to vjain your con--1 fidencc by the contrast presented and might suggest that you bu more compliant because cop A's rage is hard to control. Cup B is the one to beware.

Other common procedures include threats of things going bad on your family's position in the ccmmuni* ty if you are not willing to answer questions. Some interrogators are quite proficient at disguising serious questions as banal chitchat. The only way you can be sure you are not hurtinu your case is when you are not »mwering questions.

Promises of one thin^ or another are often made. Disregard them, The only promise that will hold up and can he followed through on is one made by 3 district attorney. Any promises made by the police t^re not binding.

A cardinal rule to remember is to neve r even men t fori -the name of a friend while in custody.jTbe casual reference may be followed by an^nvestigatiori; into the background of the person named, tf^our are with one or more others when arrested, you will be separated. You may be told the others have alt "confessed." A seemingly meaningless mention of a triviality by you may help the p-jlfce convince youf p triend (hot they know a lot more Uian they actually do. They wilt try at all times U play cadi of you against the other(s). Refuse to believe that your friend has divulgod infer mat if^n of any kiri:i ami wait for your lawyer to straighten things ouL

Be careful of what you sign. You are not required to sign anything. If you do decide to sign something, such ?s a receipt for the possessions that were confiscated from you, make sure thtre is no blank apace on the page or any carbon copies, it is not unheard of to have i phony confession of some kind filled in «ibovc the suspect's signature. There hnve g also been times when one suspect would be shown a ; friend signing something through 3 one-way mirror and told the friend was signing a confession which was really a receipt. Be nure not to sign anything you don't completely understand arid agree, with.

Don't let the police make you angry. Ignore their insults and abuse, and don't try to clear u;i any , ■i misinformation ihey may have. Save the clarification fnr court* You arc innocent until proven otherwise. though the police assume the opposite. Don't let them convince you that you are guilty of any-

-Andrew KowL The Express. April 1973.

un-American or both. They disowned their parents and became hippies, never bathing, never cutting their hair and always indulging in free sex. They also demonstrated against the war and presented their parents with chromosome-damaged grandchildren. Some met even crueler fates, staring into the sun until blind or jumping off tall, buildings under the illusion they could fly. And some simply became mindless vegetables.

Apart from the social activities engaged in by varying numbers of LSD users, nothing else said about them or the drug bore even a vestigial relationship to the truth. The shock stories were all manufactured in the prohibitionist public-ielations factory. Not that the truth would have changed anyone's mind. What really disturbed the country was the attitudes of the young LSD users. They weren't simply questioning the values of straight America, they were laughing at them. If they hadn't been the children of the middle class they surely would have been rounded up en masse and packed behind barbed wire. Instead, LSD was denounced as the greatest threat to civilization the wodd had yet seen, and it was prohibited by an act of Congress in 1966. Timothy Leary was subsequently railroaded to prison as an example to all who might contemplate seducing the young and frightening their elders.

To put it plainly, our drug 1 aws-cutrendy united in the Comprehensive Drug Abuse and Control

Act of 1970-were not passed because the government recognized the dangerous effects of certain drugs and moved to protect society from them. As our history shows, what the government moved to protect itself and the majority from were certain groups who incidentally, happened to use certain drugs. Branding them criminal and/or degenerate dope ftends went a long way in eliminating them as economic and political competitors, and imparled a nice moral air to ihe whole nasiy business.

The one body of professionals lhat might have exposed ihe scam for what ii was kept quiet.. Organized medicine never challenged the criminal dope-addici myth even though until welL into the 1930s most physicians had extensive experience with drug users and knew perfectly welL they were nothing like the fiends depicted in the tabloids. Yet for every doctor willing to speak from his own experience, hundreds went along with the prevailing hysteria. The history of American medicine during the nineteenth century offers the best explanation for their self-motivated silence.

During most of lhat century the public feared doctors and stayed away from them. With good reason. The therapeutic practice lhat prevailed was epitomized in ihe words of Benjamin Rush, founder of what became known as the Heroic School of medicine: "Desperate diseases require desperate remedies." Rush relieved his patients of 80 percent of their blood supply, followed this with huge doses of violent purgatives and, to ,fkeep up their strength,,f administered massive doses of calomel (a form of mercury). Short of cutting their throats outright, few more desperate remedies can be imagined. But as one of Rush's disciples, a man who regularly administered up to a dozen grams of mercury every hour, in "serious" cases, explained: "If is but trifling wilh the life of a man to give him less of a remedy than his disease calls for.,f (Such treatments didn't trifle with the teeth and jawbones. Before joining their ancestors, patients of ihese mercury virtuosi frequently lost full sets of both.)

The public might have accepted the torlures of the Heroic School had they resulted in cures. But the doctors were no more effective in treating pneumonia and tuberculosis, the leading chronic killers of the day, than they were in controlling the periodic epidemics of malaria, yellow fever and cholera. And the state of medical education didn't hold much promise for the future. The typical docior picked up what litile he knew during an apprenticeship to a man who followed the accepted doctrines. Medical school graduates were no more reliable. Students enrolled for a

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