Within the Judicial System it is assumed that you are, in fact, not guilty of committing a crime and by rights are allowed as an american citizen, "Due Process to a Speedy Trial." While it is true that the system works as well for the guilty as for the innocent, the purpose here is to address only the issue of harassment on the basis of religion or personal beliefs. There are several types of actions available to law enforcement officers which can be used to harass the ordinary citizen. Some of these are questioning, search and seizure, arrest, and accusation. I will touch on each of these, with information about what the police have to do, and what they cannot do. This knowledge can help you to decide your own course of action through difficult times.
One thing you must never, never do: Don't, under any circumstances physically resist an Officer(s) of the Law. To do so justifies them to use force to compel you to comply; don't give a law enforcement officer an opportunity to misjudge the level of force required (you could be injured or even killed), they will be justified in whatever force used "Determined by Your Actions." Any resistance must be passive - even if you feel that you are being mistreated, accept and go along with it; you will still be alive and free to obtain redress later, through the Courts.
Questioning:
Law Enforcement Officers have the right and the duty to stop and question any citizen, whenever a felony has been committed and they have reasonable grounds to believe that the citizen may have been involved in that felony. If this should happen to you, your first reaction should be to cooperate fully with the officer. This is not harassment, unless the questions asked do not or cannot pertain to any real crime. At your first opportunity, when you suspect that you are being harassed, you should ask, "Am I under arrest?" This forces the officer to inform you of your "Official Status." If he or she does not formally arrest you at that point, then you are still a "Private Citizen" with all the civil rights thereof. You do not have to answer any questions, or allow the officer into any premises for which he or she does not have a warrant. Ask the officer, "What crime is under investigation?" The answer to this question should allow you to decide whether the officers questions are legitimate. Only then, if you are being harassed, should you use any of the following tactics.
If you are "Arrested or feel you are Under Suspicion of a Crime" do not volunteer information about any persons or incidents, no matter what is promised to you until you recieve Legal Representation. Anything you say can and will be used against you and others, and could be used out of context to mean something you had never intended. It is best not to say a word until you have legal representation present. You may be subjected to bigotry, insult, or epithets from officers who feel that intimidation will get them results. Do not lose your temper, and do not respond in kind; it only serves to pour more fuel on the fire and make matters worse. If you can remember exact words and details, write them down at the first opportunity and talk with your lawyer about your options for defense and whether you have adequate grounds for a civil rights complaint. The Officer(s) may take you to the station to talk. If this happens, ask to have an attorney present. Then don't say anything until the lawyer is there with you, and speak only if he advises it. If you are in a public place with a multitude of neutral witnesses, like an event in a public park, you can speak a little more freely. Just remember, witnesses can work against you, too, so watch what you say and keep your temper.
If you are at another's home and a raid is enacted by Law Enforcement Officials avoid any physical interaction if possible, do not respond aggressively, find out what grounds are being used for the raid and what warrants have been issued . In this case, the time to act is afterwards; see an attorney. In your own home, if the police ask permission to come in, the answer should be "NO," Step outside and talk with them. If the weather is too inclement, or if they don't like this approach, offer to go to a McDonald's or to the police station. You don't have to let them in without a warrant. If you are asked, "What are you hiding?" Explain as I would do by saying, "I don't allow anyone I do not know into my home and ask that you to respect my privacy!" Then turn it around by asking, "Are you looking for something in particular" which places them in a defensive posture of having to give you an answer!
If they are not asking to come in, but breaking down your door, give way and let them in. Don't fight them or make any insults or threats, but remember all that is said and done, make notes, and get a lawyer. If the officer looks frightened or angry, take extreme precautions not to do anything to startle them or make them think you are about to do them harm. This is a time of maximum risk to yourself, so be very polite and don't do anything that may be interpreted as a threat.
Injury:
If the worst happens and you are injured during the course of an improper police action, go to the nearest Emergency Room for treatment. Even if the injury appears to be superficial, the hospital is required by law to notify the police in the case of an assault. This will begin the process of documentation for your eventual complaint or lawsuit. The hospital's report will be instrumental in substantiating such a complaint.
Search and Seizure:
While the law recognizes many different circumstances under which the police may conduct a search of persons or property, only a few are relevant to this discussion. Of course, you are perfectly within your rights to ask the officer "Why" he is searching you; his answer will help you to determine whether you have grounds for a complaint. The Limited Protection Search is most easily used for harassment purposes. The law enforcement officer is permitted, if he has cause to suspect that a person is armed, to "frisk" that person for weapons. While this may be undignified, it is no more than that; if you are armed, surrender the weapon voluntarily before the search begins. This establishes that you are willing to cooperate with the officer, and limits the scope of further harassment. (Of course, if the weapon you carry is illegal, there are other consequences.) If you are not armed, it doesn't matter; even if they were to find contraband on your person, they probably could do no more than confiscate it, because it might not be admissible evidence. If you are a female, you have the right to have a female witness present during the search. Another harassment tactic involves the "Plain View" search, which is not a search at all. This involves the officer's simply seeing some item which he defines as contraband; he has the right to confiscate it, as well as to take any further action as appropriate. Though this can be a major inconvenience, you can file a complaint against the officer through his department's Internal Affairs division, and you may be able to recover your property.
If you are actually arrested, then the officer may search your person and all of the surrounding area within your reach. This "Search Incident to Arrest" is permitted to insure that the arrested person cannot obtain a weapon or destroy evidence; any contraband or evidence relating to the reason for the arrest is admissible. You can do nothing about this, so relax. (It may be a tactic to rattle you. Don't let it.) One special case: when the property to be searched is an automobile, the requirement for a search warrant is waived. The officer must still be able to prove to the Court that his search is "reasonable," but he does not have to obtain a warrant to make the search. This is because the vehicle is mobile, and could be gone by the time a warrant could be obtained.
Once again, we cannot make the warning strong enough: DO NOT resist a law enforcement officer when he insists on making a search! Better to submit to the search than to the arrest or other consequences that could result from resistance! If you believe that the search was not reasonable, take notes as soon as you can. See an attorney. If you have a case, your attorney will deal with it.
Arrest:
"You are under Arrest!" Words that the common, upstanding citizen never expects to hear. However, as a Pagan or Practitioner of Majick, you are placed within categories in todays society (Pagans, Satanists, Witches and others deemed "radical," "non-conformist," or "dangerous to society"), that creates the possibility that they may be harassed, arrested, charged with supposed crimes, or actually prosecuted for those "crimes." Whether your arrest is the end of a long series of harassments, or happens abruptly and surprisingly, there are certain procedures that Law Enforcement are required by law to follow if they don't want the arrest to be deemed invalid in any future court proceedings. This section deals with that process, and hopefully, will include some useful advice on how to deal with being arrested. You have probably already been stopped and questioned. The officer has informed you that you are under arrest, and your situation has radically changed. You are no longer a private citizen, but rather a ward of the State until such a time as you are released. You are protected under Criminal Code from certain indignities or atrocities (you may not be questioned without an attorney present, for example, and you cannot be physically abused), but your civil rights are severely limited. Let's examine what rights you do have, and how you should exercise them.
Most people have heard the almost ritual language of the Miranda Warning, mandated by the United States Supreme Court; but many do not know what those words mean. It is important to understand this warning; its provisions will govern your behavior from this point on:
YOU HAVE THE RIGHT TO REMAIN SILENT
This means exactly what it says. You do not have to say anything from this point on, even to give your name or social security number. It is strongly recommended that you exercise this right.
ANYTHING YOU SAY, CAN AND WILL BE USED AGAINST YOU, IN A COURT OF LAW
Again, this means exactly what it says. Every word you utter may be used against you or others in a future Court proceeding. Before you say anything, to anybody, you should examine it from all angles to see that it cannot be used to incriminate you or others in the commission of some crime. Anyone, including fellow prisoners or jailers, can be called as witnesses in a courtroom; they can testify as to conversations you had with them, or to those which they merely overheard. Also, many prisons and detention facilities are equipped with video and audio recording devices; be careful not only of what you say, but how you act in these facilities.
YOU HAVE THE RIGHT TO AN ATTORNEY, AND TO HAVE THAT ATTORNEY PRESENT DURING QUESTIONING:
It is strongly suggested that you exercise this right as soon as possible, if for no other reason than to signal your captors that you cannot be mistreated with impunity. Further, it is strongly suggested that you have your attorney present during any questioning, by police, prosecutors, or anyone else. Your attorney will know what questions may and may not be legally asked, and will advise you as to which questions you should or should not answer. Also, remember that the police will take anything that they can get; if your attorney is not present, you may be subject to more badgering from them than otherwise.
IF YOU DO
NOT HAVE OR CANNOT AFFORD AN ATTORNEY,
ONE WILL BE APPOINTED FOR YOU AT NO CHARGE
AND BEFORE ANY QUESTIONING:
It is suggested that you retain a private criminal defense attorney, if at all possible, rather than take a Court-appointed Public Defender. Not that there aren't some very good public defenders out there, but most of them are either very young lawyers right out of law school or old veterans who have become somewhat cynical. Most of all, in virtually every city, public defense attorneys are extremely overworked; your public defender will not - and cannot - give your case the concern and effort that you need at this point. What you need is a good attorney who has your best interests at heart, and who will take a strong stand with his counterpart in the Prosecutor's office.
YOU ARE NOW UNDER ARREST:
Most people have no idea of exactly what this means. These formal words, uttered by a Law Enforcement Officer or other official who holds the power of arrest, take you out of the realm of the private citizen and make you a ward of the State. Your captors literally have control over every aspect of your life. Take this very seriously! Your captors will exercise control over what you wear, what and when you eat, even when you use the restroom facilities, this treatment is used to demoralize a prisoner and make him as docile as possible. You must submit to this, or you will be compelled by force.
Until you have been physically transported to a detention facility, the police do not have to let you do anything. (Even if you were skyclad when they interrupted your ritual, they do not have to let you get dressed. They might simply hand you a blanket to drape around yourself.) Be prepared for this. Also, be prepared to have all of your personal belongings (purse or wallet, wristwatch, jewelry, belt and shoes, even eyeglasses) taken from you. If you wear contact lenses, you do have the right to ask to remove them and put them in their wetting solution. (This is because the State is now responsible for your property, and is required to take reasonable action to keep it from harm.) You will be given an inventory and a receipt for everything confiscated, and it must be returned to you when you are released. The only exception to this is property seized as evidence. (Your attorney can advise you as to how to recover this property, after your case is closed.) Once you reach the police station, you will be f ingerprinted. Your name, the reason for your detention, and the date and exact time of your arrest will be noted in a log book, and your picture will be taken. Take careful note of the date and time of your arrest; the law states that you may only be held for a maximum of 72 hours (less in some states) before the police have to either formally charge you with a crime (and take you before a judge for a hearing to set bail) or release you. If you are held longer than that without a bail hearing, your attorney can file a writ of habeas corpus (wrongful detention) and have you released immediately.
During this 72-hour period, you must be allowed one telephone call. Use it wisely! It is the one and only one you will get. It might be wise, if you think it likely that you will be arrested or detained, to make arrangements with some trusted friend or relative beforehand. That way, you can call this person, who can act freely in your behalf. He or she can make as many phone calls as necessary to secure you a good attorney, a bail bondsman, or whatever is needed. As a ward of the State, you are under the State's care. Police and prison officials can be held personally liable if you are mistreated, and they know it. You will be given the basics of sustenance; do not expect more. If, for example, you are under a physician's care and are taking prescribed medicine for a medical condition, they must continue that medication. If you are injured in the course of the arrest, you have the right to receive medical treatment from a physician. You will be fed and clothed. If you wear corrective eyewear or a hearing aid, you will have them when you see your attorney or when you appear in Court.
IF YOU ARE CHARGED WITH A CRIME
If you haven't done so by now, you can't put it off any longer, get an attorney! A public defender just won't do; most of the time, he would try to persuade you to accept a plea bargain (you plead Guilty to a lesser offense in exchange for the prosecutor dropping the greater charge). Almost 80% of publicly defended cases are disposed of in this manner. Having retained a good attorney, take his advice; it's what you pay him for. One other thing you can do: to the extent permissible by law, make sure that your case is made public. The glaring light of public attention is a potent weapon; it forces the legal system to operate as it should. Make sure that the media is informed of the injustice being done.
If there are injuries obtained as a result of police actions a prompt visit to a hospital will help to document the Injuries and recieve treatment, a careful written record of your experience and names of any Witnesses, and persistent insistence on your rights as a citizen.
Preparations:
- Have a phone number of an attorney or a responsible person with either voice-mail or a decent recorder who can make the proper motions towards your release!
- Have some money saved, a title to either vehicle, land, or housing that can be applied towards bail!
- Get the name of an attorney that can properly represent you in a court of law!
- The phone number and address of The American Civil Liberties Union.
- If you have children make absolutely sure that you have responsible family members that will care for them until your release!
