faq

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1 HOW D OES A CRIMINAL ISMISSED CASE GET D OUT IAL? TH WI A TR ard di ithou Som e with s traight forw t a trial. smissals. Many c riminal cases are resolved w In s om e cases the pros ecution c an b e m isinform ed by t he arre sting offi cer(s ). • t the fa he arre er doe s not always ge c cts right. sting offi T Cri me re por ts are oft en t imes ful l of ba d i nform ation. Officers m ake m istakes • ace citizens in j eopardy. that pl WH AT C AN YOU DO WH EN TH E OFFICER VIOLA TH E LA W & TES TI IGHTS ? YOUR CONSTITU ONAL R ith the pow are no the law themselves. A n offi cer w Peace Officers er of arre st m ust t above also fol low the law. T he United S tates Co nstitution s ets fort h c ertain s afe gua rds that into our pri prot from unr easona ble and un lawful gove rnm ent intrus ions ect all of us vate li v e s . What do I m ean? rnment) shall • You r home is a special place where law enforc ement (the gove not enter w imited ry l ithout a warra nt to c ollect evidence of a crime. T here are ve exceptions to t bvi ous ly i f you g ive an offi cer cons ent to s earch y our his rul e. O a warra t thereafter c ay no e without omplain. S o w hy w oul d you nt you m hom cer into your ho me to s earch for e vidence of your ow n c riminal te an offi invi t? conduc • tomob ile is a pl ace of r au constitutional prot ection , but even your You lesser obi le i s prot ected a gainst unl awful gove rnm ent intrus ions . S o i n orde r for autom e must at least ha cer to l awful ly s earch your c ar, h ve “prob an offi able cause”. That is , must be able to justify t he search of your c ar b ased upon a “reasona ble he ithout of e crimi nal activity. S o w suspicion” a warrant, an offi cer m ust be som able to s pell out for a cour t of l aw , som e facts that he relied upon t o j ustify h is searching of your c ruck. An offi cer must first of a ll ha ve a “reasona ble ar or t suspicion” of c riminal activity be for e he can e ven s top your c ar. It is unl awful for nd s an offi imply ord er you out of your car a cer to s earch i t for no re ason duri ng a traffic stop. 1

2 WH AT S HOULD YOU DO YOU BELI WH EV EN E YOU F AN E V ARE TH ICTIM O RE? UNLA EARCH AND SEIZU UL S WF the answer. f a phys ical re sistance is not ll, • First o Do not gi ve the off ent to s earch. J ust say no. • icer cons Get out of t he way and l et the offi cer search. • Your be ch i • search w ith a “motion to st approa s to challenge the unlawful later in c our t. ss” the evidence suppre Don’t talk t stions cer. D on’t answer que • . S imply a dvise the off icer you o the offi will re ilent, and you w ill ne ed a n attorne y be fore answering a ny qu estions . main s cer’s qu ar o t alk wi th or an swer the offi ired t estion s. You e not requ criminal de fense attorne y w ill be able to a dvi se you on t he appropri ate actions to take A in c ourt hether a “motion t o s uppre ss” is an a ppropri ate op tion. W hen your , and w he y f attorne uppre ss” in court , iles a “motion t or s he is telling the judg e that th e officer o s th eizure Amendm ent right to be free from unl awful searches and s violated your 4 s. It is not a t echnicality . It is a way t o for ce law enforc ement to fo llow the law. Re member, law enforc ement offi abov e the law. cers are not UIRED TO A NSWER ARE Y OU REQ ’S Q TIONS? FFICER AN O UES hen do you ha y, a nd w When doe ve the “right to The answer is no. s “Miranda” appl th remain s Amendm ilent”? This is a 5 that appl ies to you w hen: ent right een You e in custod y . T hat m eans you h ave be en arre sted, or you ha • ar ve b detained by l aw enforc ement and you a re not fre e to s imply w alk away. W hen you fi nd yours elf in ha ndcuffs , the conclusion i s obvi ous . Y ou ha ve be en a rrested. • And you ar e interrogat ed . W hen a n of ficer is asking you qu estions about your invol a crime, you are be ing i nterroga vement in hen a n off icer h as arre sted ted. W you a nd now is asking you que stions , he is ga thering e vidence to b e us ed against you. What shoul d you do w hen you a re arrested a nd que stione d? The simple answer is to SHUT U P ! Y re in, re not goi ng t o t alk your self out of t he pr ecarious pos ition you a ou a cer that: se the offi so don’t even t ry. A dvi 2

3 • m goi ng t o r emain s ilent. I a nswer a ant to ha ve an attorne y pre sent before I a And, I w ny qu estions . • f you a re not in custody, a rrest ed or detained, you m Even i till invoke your r ight to ay s remain s o de mand an a ttorne y b e pre ilent and t for e answering any que stions . sent be An offi cer m ay s ay, “you a re not a suspect, you a re not und er a rrest, and you a re fre e to go a t any t here is s om e qu estion t hat you m ay b e a suspect or a targe t of the ime”. If t SHUT UP! cer’s stigation, then you w alk a way , A ND you offi inve DO COPS SCREW U P INTER ROGATI ONS? Yes they do. H ow coul d t et your statement wrong? he cop g • The cop fa ils to a dvise you of your M iranda Ri ght s when you a re in c ustody. you without • Officers will oft en que stion tion. re cordi ng t he interroga • ay or may no t even take notes while you a re re spondi ng to hi s The offi cer m . stions que This same offi cer m ay w ait da • ven w eeks to com plete his crime re por t. ys or e en t imes the offi cer w ill, m any d ays after your i nterroga tion, w rite dow n your And oft tion d tatement in h port ba sed upon hi s m emory of t hat interroga is re ays or w eeks alleged s pre ly. vious Mistakes are inevitable unde r these ci rcumstances. T he que stion is how will you pr otect yours elf from s of m istakes? SHUT U P ! these type AN AN ATTO RNEY HOW C YOU? HELP An a ttorne y c an l ook at the fa cts of your c ase, and a dvi se you w hether or no t your Miranda Ri ght s were violated. If it appe ars that your M iranda Right s were vi olated, then half. a pre - trial m otion s houl d be filed i n c our t on your be 3

4 DO PROBA ONER S TI E AND PAROLE S H AVE ARDING RIGHTS ANY REG BY LA W E NFORCEM EN T? SEA RCHES th roba tion or P Peopl en a re re qui red t o pr ovi de a 4 e on P Amendment waiver as a arole oft result of t ondi tiona l re lease back i nto s heir c hat is , when a person i s pl aced on ociety. T Proba tion or P arol e they a gree to gi ve up certain prot ections they m ight ot herw ise have a regardi nd s eizure . Bu t even a Pr oba tion or P arol e search c ondi tion i s not earch a ng s blank c aw enforc ement to s earch indi scriminately t heck for l e with s earch c ondi tions hos on t heir c ond itional re lease from jail or pr ison. T he ba sic rul e is still the same, withou t a m war ice an d pr osec ution t, the pol ust justify their search . ran WH IS A PROBA TI ON EN EA RCH UNLA WF UL? OR PAROLE S It is unl when: awful • The offi cer onl y di scovered the Proba tion or P arol e search c ondi fter the tion a unl awful search w as done . • There was no j ustification for t he ori ginal de tention. ARE C OPS REQ UIRED TO ALWA YS SPEA K TH E TR UTH ? Police offi cers don’t always tell you t he truth. A nd t he court s don’t requi re them to t ell mind of t you t he trut h. S o c lear your elieve everyt he no tion t hat you c an b hing a n off icer tells yo u. T ill lie to you i f it suits their purpos e . hey w Examples of w hen cops lie to you: • When a cop says to you, h e know s all there is to know about your case. H e says that he s talked to a nu mber of w itnesses and t hey a ll say t hey s aw you ha com mit a crim e. ty to t He also s ays this is your opport uni • ell your s ide of the story. . • Things will go be tter for you if you c ooperate and a nswer hi s que stions 4

5 • He m will talk t o the District Attorn ey a nd l et hi m know of ay e ven tell you he ration. your c oope ve an e also tell you that your coope He m ill ha ay ffe ct on the judg e and • ration w ine what will ha ppen t o you , and t hat the judge will take into a ccount will de term ration oope your c . offi ows al l abou t you r case , and ha s all these gr eat w If an s itnesses at hi cer truly kn And h proba oul dn’ t tell you ho w strong hi s case was. bly w e woul d l ikely j ust dispos al, he o jail, and s pend l ittle time tryi ng t o t alk to you. The more prom ises or t hreats take you t cer makes to you i n orde r to ge t yo u t o a nswer hi s que stions , the more likely it an offi ng you w doe m uch a bou t you r case at all and i s hopi know ill conf ess and means he sn’t s job a lot easier. make hi offi cer tells you that you r friend h as al ready coppe d ou t , adm itted t he crime When an aid t o i ere als and s nvol ved ; what that really m eans is – the offi cer h as no hat you w ve don and t hing w rong , evidence at all that you ha hat your fri end ha s already e anyt ! d hi invoke ilent”. S o, SHUT U P s “right to re main s HOW G OOD IS OUR LEG AL S YSTEM ? Our l egal system will sure l y f ail if w e tolerate our ow n gove rnm ent agents’ ( cops ) w illful violation of our na tion’s he founde rs of t his gre at coun try kne w of t he da nge rs laws. T sent with a gov ent that pl aced i tself a bov e the law. N o one can be truly fre e ever pre ernm he fo rnm accoun table for i ts actions . T nt is not llow ing s tatement from a if our gove e ark case sugge sts the impor tance of these pra ctical safegua landm in our l egal system. rds stice Br deis said i t best: Ju an ecuri ty, a nd l iberty alike de mand t “Decency, s rnment hat gove of subj ected t o t he same rul ficials shall be onduc t th at are commands to the es of c citizen... Cri me is contagious . If th e gove rnme nt b ecome s a l aw break er, it breeds con temp law ;... Olmstead v . United St ates (1928) 277 U .S. 438, 485 t for . O nde [Bra [e mpha sis added], cited app. Mapp v is, J. di hio (1961) 367 ssenting] U.S. 643, 659. Police offi cers who vi olate th e law and yo ur c ons titutiona l right s are no t a new ve to accept these unl phe . Bu t you don’t ha ena awful acts when p erpe trated against nom you by pol ice off ice rs. These cases shoul d ge t di smissed. heir fool woul d a Only a e that law enforc ement personne l are always obj ective in t ssum liforni n Ca a inve stigations . Y ou ne ed t o look no furt her than t he report ed opi nions our ow 5

6 and U nited S nd r eferen ce to t he well doc um ented f acts of pol ice tates Court s to fi malfeasance. en unde rstood that cop s have a p erson al interest in th e ou It ha of s be tcome annot invite a pre sum ption o f their truthful ness in t hese sort s of cases which c ys. S ee Peopl e v. D ickerson (1969) 273 C al.App.2d 645, 650 a nd fn. 4, c ited fra ithout as evidence of the “pre valence of po lice pe rjury [ in contradiction, app. w /testimony]... ” Briscoe v. L aH ue (1983) 460 U .S. 325, 365 criminal investigations n not nna . di ssenting]. J ustice Bre nna n, J es, @ Id. and fn. 36 [Bre that , prosecutor s ar e reluctan t to p rosecute their mal efacting p olice be cause they have to w ork c ith t hem. losely w nsight er is a h ead y th “P not ed our i ow ful pros ecutor fro m Nure mberg, “ and h istory ing,” show s that the pol ice acting on their ow n cannot be trus ted. A nd s o t he Cons titution ice be requi ss on t he de sires of t he pol agistrate to pa fore they v iolate the pri vacy of res a m the hom e.” Mc Donal d v. U nited S tates (19 48) 335 U .S. 451, 456. (A neutral m agistrate!) (The District And s o i t ha s be com e a First Principle of criminal advoc acy that the Peopl e v. N ew Attorne y) have the burd en t o j ustify a warrantless search and s eizure , Cool idge Ham pshire WA RRANTLE SS searches and s eizures are PRES UMPTI VELY (1971) ) 34 AL Kat z v. U nited St ates ILLEG 89 U .S. 347, 357, Peopl e v. L aiwa (1983 . (1967) 3 Ca l.3d 711, 725. That especially appl ies to re cause the PHYSICAL E NTR Y O F sidential searches, be TH E H OME I S TH E C HIEF “EV IL” A GAINST WH ICH TH E WO RDING OF U.S. TH OURTH AMEN DMEN T I S DIREC TED . Payton v . Ne w Y ork (1 980) 445 E F can b 573, 585. (Y t least the Supre me Cour t re cogni zes that the cops ep, a e “evil” in their work, i magine that!) ecutors And don’t forge t, pros are not look ing for pol ice m iscondu ct when t hey a re reviewing pol ice report Th ey ar e look ing t o s ee if th ey h ave enou gh evidence to s. vict you rime. con of a c WH OLE WI LL AT R YOUR ATTO Y? RNEY PLA You ne ed a n a ttorne y to poi nt ou t unl awful pol ice conduc t to t he cour t. T his is not a search for t calities that will allow yo u t o e scape pun ishm ent. This is first and echni fore most a search for t he TRU TH, all of t he trut h. T his type of s earch for t he TRU TH will hol d t he pol ice accoun table for t heir work a s well. A nd your ri ght s as a citizen will ected. be prot 6

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