Hello, I threw out my computer. However seeing so many people are integrating the Internet into the protests, I felt it was important to post a message of warning about a current practice of filming and name identification being done. As a now "semi" retired lawyer, I warn people constantly that if they're approached by the police for anything to be calm and most importantly to remain silent. Don't admit to anything, don't sign anything and simply repeat over and over again that you don't want to talk and you demand independent legal counsel. Just shutting up will get you out of many, if not most, legal situations. The police aren't your friends and they're not there to help you. Their job is to get a conviction. As an old hippie that fought the good fight in the 1960s I will advise people to say even less than silence. So here is my advice Don't carry any identification because there is no law requiring you to do os. Don't give your name and when you're asked because there is again no law that says you must. When warned about your rights (ie: read your rights), and you're asked if you understand them. You should respond that you want legal counsel and then shut up. Do NOT say that you understand. Identification, your rights, etc can all be conducted with a lawyer present. As long as you're calm and non-threatening, the police can't do much more but detain you. Unfortunately there is another potentially dangerous legal situation occurring being perpetrated by some of the protesters of the occupy movement. When a protester is confronted or arrested by the police, a fellow protester invariably films them and demands their name. DO NOT STATE YOUR NAME TO ANYONE! INCLUDING THEM! Despite their best intentions, they're creating evidence that will be used against you. I wouldn't say that it's an omission of guilt but it certainly might make a lawyer's job harder. Such is the situation that I'm currently confronted with. I can not go into the particulars of the case I'm currently involved in. My client would be home with his family as there was nothing substantial against him. However, the police have charged him with resisting an arrest and the linking evidence is the video. Again allow me to state this clearly one more time. Apart from remaining calm, there is nothing you have to do for the police that can not be done later in the presence of your lawyer. Additionally, I have personally witnessed the police printing off still images from these videos along with the names and any information they can collect. They're also doing background checks and sharing this information with other law enforcement agencies around the country. I also wouldn't be surprised if some of these "helpful" video taping protesters might somehow be involved with law enforcement. Remember; the police are known to infiltrate protests for the purposes of gathering information. So please share this information with others and for the love of God remember this. When anyone with a camera asks you for your name, *SHUT UP*
Good advice! Yes, that bothered me to see the protesters asking for the name of ppl being arrested. I can't see how that would help them, esp. since so many want to remain "Anonymous". I've also noticed most ppl don't say their names under such circumstances. If you're getting arrested, that is really a "private" matter between you and the police. Make it a public matter and suddenly you are at risk legally. Resist arrest and you're even in a worse situation. And remember too folks, that all these neat electronic tools from cameras to email accounts to cellphones can all be used against you. And when it comes to cellphones there are a lot of things you can do to protect yourself. It would be smart to empty your phone of pics after you've uploaded them. Keep your phone empty of contacts or they too might get arrested. Realize that your phone is a treasure trove of info about you and who you associate with. If the police get their hands on it, they will do a thorough search of the data there. They'll even be able to map out your movements for the past few months! You see all these Occupy arrests allow the police to build up an enormous database of info on the protesters. And one day for sure that info will be used against them.
What I heard, from the media team, about the "What's your name?" in the New York arrests, was that NYPD wouldn't give out the names of the arrested and that if the legal team within the protesters knew the names, then they could send a lawyer to them.
Got to appreciate the simple and relevant pieces of information. Thanks go the the Voice of truth :2thumbsup:
Things to ask the police... Am I under arrest? Why am I under arrest? What is your name and badge number? Then say, "I choose to remain silent until I have a lawyer present". Other than that stay silent. This goes ANYTIME you get arrested, not just at Occupy protests.
The hardest thing for the legal team to figure out is where the protesters are being taken, once detained. Once they figure that out, it should be easier to find out who was arrested. Everyone still gets a phone call (eventually), so there is no reason to identify oneself needlessly. In fact, every protester should be given the name and number of a contact in the legal team (and memorize it), so they know who to call if they are arrested. Many people might prefer to call a relative or friend, someone who can bail them out AND call a lawyer. You only get one call, so make it a good one! Something to remember, it's very likely all phone calls are being monitored and recorded at the jail. So be careful what you say. Don't admit to anything on the phone. Now if someone gets hurt and requires medical attention, it would probably help to get their name and someone to contact. In fact it would be great if there was already a database of the participants in the Occupy protest with a contact name and phone #, in case of emergency. This info should be kept off-site in a secure location, but accessible, should it be needed. It would be best kept on a memory stick and held by the legal team.
I have heard it suggested that you write these important numbers on your arm in ink so that you have them when you need them.
I heard that too when I went to Occupy Portland. It's also suggested that you write "My Lawyer" next to the number so they cant try to make you wash it off
