Alright, I did something wrong, I treated a minority like any other person.<br><br><div class="gmail_quote">On Mon, Feb 27, 2012 at 12:56 PM, Martin Bogomolni <span dir="ltr"><<a href="mailto:martinbogo@gmail.com">martinbogo@gmail.com</a>></span> wrote:<br>
<blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">This goes for policemen, FBI agents, NSA agents, you name it. Some<br>
no-nonsense simple rules to protect your legal butt.<br>
<br>
* Be courteous and non-confrontational. Don't talk back, don't raise<br>
your voice. You can only lose by increasing the hostility of the<br>
situation.<br>
* Keep your private stuff out of sight. If it's in plain view, no<br>
search warrant is needed for the officer to have a lock. This also<br>
extends to your laptop, so remember to "lock screen" if possible.<br>
* Determine the reason you have been pulled aside/stopped/asked a<br>
question. Ask "Why am I being questioned/stopped/detained"<br>
* REFUSE a warrantless search and refuse a warrantless entry. Just.<br>
Say. No. If a police officer asks your for your permission to<br>
search, you are under no obligation to consent. If you consent to a<br>
search, you are giving up one of the strongest and best constitutional<br>
rights you have. (Fourth amendment) "... I do not consent to a<br>
search of my private property."<br>
* Determine if you can leave, if stopped by an officer. "I have to<br>
be on my way, am I free to go?"<br>
* DO NOT PHYSICALLY RESIST. If the officer/agent/etc decide to<br>
detain, search, or arrest you without your consent, don't resist<br>
physically. Stick peacefully to your guns, and say clearly but<br>
without raising your voice or confronting the officer "I am not<br>
resisting arrest and I don't consent to any searches." Or better<br>
yet, say -nothing- until you have an attorney present.<br>
* Don't answer _any_ questions without an attorney present. The<br>
officer/agent/sheriff/deputy is not your friend, no matter how<br>
friendly they are, or how conversational. Assert your fifth, and<br>
sixth amendment rights! Simply say "Officer, I have nothing to say<br>
until I speak with a lawyer." Anything you say, beyond that, can<br>
lead to a "reasonable" search and thus a warrantless search. This<br>
includes the whole of the hackerspace, for example.<br>
<br>
Many of you have heard this spiel before, from me, from Jake Applebaum<br>
and others at events ranging from Burning Man to Defcon. You can do<br>
as you wish, but your legal butt is best protected if you follow this<br>
procedure. You may politely, but firmly deny entry to any officer at<br>
the door of Noisebridge, and in my opinion should do so. Refer the<br>
officer politely to the board of Noisebridge, give them appropriate<br>
contact information if you know it (the website address will do),<br>
unless they have a warrant (see above).<br>
<br>
Some caveats: This is for the United States only. Different<br>
countries have different laws.<br>
This does NOT WORK with the TSA. They have a separate federal<br>
mandate, and are present on private property (the airport/train<br>
station/etc).<br>
This does NOT WORK with Customs Agents. Again, they have a separate<br>
federal mandate.<br>
This does NOT (neccesarily) WORK if you are currently enlisted in the<br>
military, on a base, etc. This includes parts of the Presidio,<br>
Monterrey Bay, Lawrence Livermore National Labs, etc. The uniform<br>
code of military justice is the standard if you're in the military,<br>
and as a civilan guest on a base you have relented certain rights.<br>
The right to remain silent does, however, still apply.<br>
I am not a lawyer. However I am a Black Rock Ranger and have been<br>
volunteering at Burning Man for a number of years. This advice was<br>
compiled from the material distributed by the legal team that trains<br>
us to be mediators between law enforcement and the participants at<br>
Burning Man. It is field tested.<br>
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</blockquote></div><br><br clear="all"><div><br></div>-- <br>Everything should be made as simple as possible, but no simpler - <a href="http://en.wikipedia.org/wiki/Albert_Einstein" title="Albert Einstein" target="_blank">Albert Einstein</a><br>
Simplicity is the ultimate sophistication - <a href="http://en.wikipedia.org/wiki/Leonardo_Da_Vinci" title="Leonardo Da Vinci" target="_blank">Leonardo Da Vinci</a><br>
Perfection is reached not when there is nothing left to add, but when there is nothing left to take away - <a href="http://en.wikipedia.org/wiki/Antoine_de_Saint_Exup%C3%A9ry" title="Antoine de Saint Exupéry" target="_blank">Antoine de Saint Exupéry</a><br>
Keep It Simple Stupid - <a href="http://en.wikipedia.org/wiki/Clarence_Johnson" title="Clarence Johnson" target="_blank">Kelly Johnson</a><br>