04/25/2012
Legal Topics of Interest:
A. Criminal law:
a. Arrest vs. Detention: http://www.law.cornell.edu/anncon/html/amdt4frag3_user.html
b. Your Legal Rights when confronted by law enforcement:
What are your rights when the police physically touch you?
1. Never resist. Submit. If police detain and frisk you, you have the right to clearly state your refusal to consent to the search. For example, you may say "Officer, I'm not resisting. I do not consent to this search." But you should only verbally refuse. Never physically resist. Just touching an officer can be considered a crime, i.e., misdemeanor obstruction. The officer observing or the officer who you “physically touched” can alleged that you have committed a crime in his presence. Hence you could be tasered, beaten and arrested. Any unwanted touching of a police officer is an assault. Touching anything they are holding (nightstick, bullhorn, etc.) is the same as touching the officer. Same for throwing anything at an officer, even if you only accidentally hit them. This is a serious offense, a felony. You could also get a felony charge for assaulting a police officer, by attempting to protect yourself by making defensive gestures. If you believe you were wrongly frisked, consider filing a police misconduct report.
2. You never have to talk to the police. Sometimes a prosecutor might be able to subpoena you, but then you will have an official document ordering you to answer questions, and you will have time to get legal assistance before doing so. Absent an arrest, you do not even have to identify yourself to the police. DEMAND TO SPEAK TO A LAWYER! Ask to talk to one immediately if you are being questioned by the police or if you are at all confused by what the authorities are doing. In any case, you may not be given access to a lawyer, but demanding one will often make the cops stop othering you.
Upon arrest, do not say anything to the police except "I want to remain silent. I want to speak to an attorney." Anything else that is said to the police may be recorded, turned, twisted and manipulated to make you look guilty. Do not say anything to the police. You have a constitutional right to remain silent and to have a lawyer --exercise this right.
If you decide not to give your name and address to the police, as a practical matter you will likely be held in jail pending trial, booked as a "John/Jane Doe." Giving your name may allow you to either be released on your own recognizance or post bail, but doing either of these will be difficult if you refuse to give your name.
3. CAUTION: It may be the crime of false statement to give a phony name to the police. Similarly, if you are asked to waive any rights -- i.e. consent to a search of your person or car -- do not agree to anything without consulting with a lawyer first. Tell the officer that you are not consenting to anything and want to speak to a lawyer immediately. Do not sign anything until you talk to a lawyer.
On the other hand, if you feel you are being physically mistreated (i.e. handcuffs on too tight), you should inform the arresting officer of that fact and ask him or her to note your complaint in his/her report. Request that the arresting officer identify him or herself to you, and ask to speak to a commanding officer if the situation is not rectified.
Resist the temptation to try to argue with the police or convince the officer of the error of his or her ways. This will likely only annoy the officer, and can also be used against you at trial.
4. Two other bits of information:
The police do not have to say anything to you upon arrest, including telling you your "rights" or what you are being arrested for. Absent an arrest situation, if a police officer approaches you (on the street, for instance) and asks you to identify yourself, you do not have to do so. There is no requirement generally that individuals identify themselves to police officers or carry identification cards (except while driving). If this happens to you, politely decline to identify yourself and ask the officer if you are under arrest or if you are free to leave. If he/she responds that you are free to leave, do so.
http://ablackmansguidetolawenforcementinamerica.wordpress.com/ ;
https://www.eff.org/sites/default/files/filenode/alc/062808_cbp_bordersearch02.pdf
Legal Representation: Understanding Your Rights During Detention or Arrest As a law enforcement officer’s level of suspicion rises, a detention and an arrest can often happen consecutively. Because a detention can turn into an arrest rather quickly, an individual may not know what their rights are at different stages of the detention and arrest. Further, police will often make an individual feel as though they cannot say no to a search, even when they can. If law enforcement makes an illegal search during a detention which leads to an arrest, or if there is a search incident to arrest when the arrest was made without probable cause, the fruits of these illegal searches can be suppressed at trial. If you have recently been arrested and or searched, you should discuss your case with a criminal attorney to make sure your rights are protected.
B. Family Law
a. Child Custody and Child Support
b. Equitable Division of Marital Assets
C. Property Law
a. Heir property
b. Estate Planning
D. Business Development
a. Protecting your assets
b. Wealth Creation :
Websites: http://www.blackbusinesslist.com ; http://blackdoctor.org http://blackpages.com/ http://supportblackowned.org http://myblacknetworks.com/ ; http://www.gpsblack.com/
http://blackexperts.com/
Political Topics of Interest:
A. Africa and the Diaspora
a. Crisis in Leadership
b. Economic Opportunities
c. Conferences and facts of Interest: http://www.blackpast.org/?q=gah/museums-of-the-african-diaspora ; http://www.blackpast.org/?q=gah/research-guides-websites-global-african-history ; http://www.blackdemographics.com/
B. The New Jim Crow
a. Criminal justice in America
b. Criminal justice in urban America
c. Industrial Prison Enterprise
C. The Education of African Males
a. Model Programs
b. Manhood Training/ Rites of Passage
c. Intellectual Warfare: http://www.kemetnu.com ; http://www.blackdemographics.com/
While the Supreme Court stresses the importance of warrants and has repeatedly referred to searches without warrants as “exceptional,”1 it appears that the greater number of searches, as well as the vast number of arrests, take place without warrants. The Reporters of the American Law Institute Proj...
