A WARM WELCOME TO NEW YORK CITY
February 15th Legal Support
People's Law Collective(PLC) -- Association of Legal Aid Attorneys(ALAA) -- National Lawyers Guild ~NYC~ Mass Defense Committee (NLG)
We have a large number of identified (NLG = green hats, green badges ALAA = green armbands, PLC= red armbands) lawyers and legal observers on hand to try to ensure that the New York City Police Department, Federal Bureau of Investigation, or any law enforcement agency choosing to join us today respects your lawful and peaceful events. Be fear-free in letting your voices be heard against this unjust war.
KNOW YOUR RIGHTS - STREET LAW AND PRACTICE
General Law
- Do not have any item on your person that could be considered a weapon;
even a small knife. Obviously ditto for illegal drugs as well.
- The NYPD has banned wooden posts (i.e. for banners). Sticks will be confiscated and you could risk arrest, but cardboard tubes have been allowed.
- The NYPD has in the past has charged protesters possessing Markers and
Paint with possession of Graffiti Instruments.
The infamous mask ordinance (i.e. 3 or more in a mask or hood) was ruled
unconstitutional in November 2002.
At Risk of Arrest?
- If you are at risk of arrest, you may wish to pass your valuables and irreplaceable items (like date and address book) to one who is not. Things do disappear in "the system."
- If you are at risk of arrest, please inform a legal observer of any medications you will need when in jail. You may be there 1-2 days.
- If you are at risk of arrest, eat a hearty meal. Prison food isn’t.
Police Confrontation / Arrest Scenarios
- If you are not being arrested and a Police Officer approaches you and asks for ID or information, you do not have to identify yourself or provide any information unless you’re driving at the time.
- If you are being arrested, you may not be read your rights, the
Police only have to tell you that you are under arrest – they only have to read you a "Miranda" warning when questioning you.
- Upon arrest do not say anything to the police other than "I am going to remain silent, I want to speak to a lawyer." Demand your lawyer immediately if you are being questioned or are at all confused about what the cops are saying. SILENCE=SAFE.
- If a Police Officer demands to search your bag or person (and you are not under arrest) say clearly "I do NOT Consent to this Search" (Wording is important). Do not interfere with the search.
- Megaphones are not legally permitted without prior NYPD approval - marchers with megaphones have in the past been arrested– this is especially used as an excuse to arrest folks, especially targeted folks like "Black Bloc members", people of color, etc.
- If you go "limp" when arrested you’ll likely be charged with
resisting arrest. This is a misdemeanor.
- If arrested without Identification, or if you refuse to cooperate
after arrest, you may count on being put "through the system" - photo’ed, printed etc. This takes 12-36 hours; count on longer if many are arrested .
- If Arrested - a Legal Aid attorney will do the Arraignment. Later an NLG volunteer attorney may step in if necessary.
- QUESTION? – ASK A LEGAL OBSERVER
If arrested call: 212- 679-6018 (NLG)
or 917 807-0658 (PLC)
If you see people being arrested get their names and call 212-679-6018 (NLG)
or 917-807-0658 (PLC)
Please keep these numbers handy, write them on your arms and pass them on to your legal support people.
DISCLAIMER: The advice given here is meant as a general statement of the
law, and should not substitute your spending a pile of money on a real flesh and blood lawyer.
Legal support for the February 15th demonstration against the war is organized by the Association of Legal Aid Attorneys, the People's Law Collective and the National Lawyers Guild NYC Chapter Mass Defense Committee.