Visit our website: HTTP://WWW.STOPNATO.ORG.UK
---------------------------------------------
And of course this is not just true in the USA. All kinds of things suddenly
become "treasonable" in a war situation, wherever you may be. I think
"Westerners" are accustomed to freedoms that are only there because the
rulers don't feel threatened in any way. Once a threat arises of some kind,
hard-won freedoms can be taken away. If you let them be taken away.
Steve Kaczynski
__________________________________________________
>From: mart <[EMAIL PROTECTED]>
>Reply-To: [EMAIL PROTECTED]
>To: Undisclosed-Recipient:;
>Subject: Fw: [CubaNews] KNOW YOUR RIGHTS [WWW.STOPNATO.ORG.UK]
>Date: Mon, 24 Sep 2001 01:35:33 -0400
>
>Visit our website: HTTP://WWW.STOPNATO.ORG.UK
>---------------------------------------------
>
>Forward from mart.
>Please distribute widely.
>
>Good information from the National Lawyers Guild, for *all* activists in
>the U.S., especially now that "war paranoia" being used as an excuse to
>harass and intimidate legitimate organizations, activists
>and political dissent. Remember, the government is not neutral - in times
>of crises or war, the government has and does, use it's power to monitor
>and to attack all kinds activity, particularly labour, and progressive
>movements - under the guise of fighting sabotage and terrorism.
>.
>----- Original Message -----
>From: NY Transfer News
>To: [EMAIL PROTECTED]
>Sent: Sunday, September 23, 2001 8:13 PM
>Subject: [CubaNews] KNOW YOUR RIGHTS-& Links to More News
>
>
>Via NY Transfer News * All the News That Doesn't Fit
>
>
>[The following memo may be useful for Cuba Solidarity activists.
>source - [EMAIL PROTECTED] posted 9/18/01 on
>ACTIV-L/misc.activism.progressive
>
>Forwarded here, revised draft for national lawyers guild rights summary.
>this is near-final text for Know Your Rights pamphlet. national lawyers
>guild contact is riva enteen: [EMAIL PROTECTED] 415 285 1055
>
> KNOW YOUR RIGHTS!
>
>What rights do I have?
>
>The Right to Advocate for Change. The First Amendment to the U.S.
>Constitution protects the rights of groups and individuals who advocate
>changes in laws, government practices, and even the form of government.
>
>The Right to Remain Silent. The Fifth Amendment of the Constitution
>provides that every person has the right to remain silent in the face of
>questions posed by any police officer or government agent.
>
>The Right to be Free from "Unreasonable Searches and Seizures." The Fourth
>Amendment is supposed to protect your privacy. Without a warrant, no
>government agent is allowed to search your home or office and you can
>refuse to let them in. Know, however, that it is easy for the government
>to monitor your telephone calls, conversations in your office, home, car,
>or meeting place, as well as mail. E-mail is particularly insecure. The
>government has already begun stepping up its monitoring of e-mails.
>
>
> CONSTITUTIONAL RIGHTS CANNOT BE SUSPENDED -- EVEN DURING
>
> A STATE OF EMERGENCY OR WARTIME.
>
>What should I do if agents come to question me?
>
>1. YOU DO NOT HAVE TO TALK TO THE POLICE, FBI, INS, OR ANY OTHER LAW
>ENFORCEMENT AGENT OR INVESTIGATOR. Other than providing your name and
>address to a police officer who is investigating a crime, you are not
>legally obligated to talk to anyone: on the street, at your home or office,
>if you've been arrested, or even if you're in jail. Only a judge has the
>legal authority to order you to answer questions.
>
>2. YOU DO NOT HAVE TO LET POLICE OR OTHER LAW ENFORCEMENT AGENTS INTO YOUR
>HOME OR OFFICE UNLESS THEY HAVE A SEARCH WARRANT OR ARREST WARRANT. Demand
>to see the warrant. The warrant must specifically describe the place to be
>searched and the things to be seized. If they have a warrant, you cannot
>stop them from entering and searching, but you should still tell them that
>you do not consent to a search. This will limit them to the scope of the
>search authorized by the warrant.
>
>3. IF THEY DO PRESENT A WARRANT, YOU HAVE THE RIGHT TO MONITOR THEIR
>SEARCH AND ACTIVITIES. You have the right to observe what they do. You
>have the right to ask them for their names and titles. Take written notes
>including their names, badge numbers, and what agency they are from. Have
>your friends who are present act as witnesses. Give this information to
>your lawyer. A warrant does not give the government the right to question,
>nor does it obligate you to answer questions.
>
>4. IF THE POLICE OR FBI OR INS OR ANYONE ELSE TRIES TO QUESTION YOU OR
>TRIES TO ENTER YOUR HOME WITHOUT A WARRANT, JUST SAY NO! Police and other
>law enforcement agents are very skilled at getting information from people.
> Many people are afraid that if they refuse to cooperate, it will appear
>as if they have something to hide. Don't be fooled. The police are
>allowed to (and do) lie to you. Although agents may seem nice and pretend
>to be on your side, they are likely to be intent on learning about the
>habits, opinions, and affiliations of people not suspected of wrongdoing,
>with the end goal of stopping political activity with which the government
>disagrees. Trying to answer agents' questions, or trying to "educate them"
>about your cause can be very dangerous. You can never tell how a seemingly
>harmless bit of information that you give them might be used and
>misconstrued to hurt you or someone else. And keep in mind that lying to a
>federal agent is a crime.
>
>5. IF YOU ARE STOPPED ON THE STREET, ASK IF YOU ARE FREE TO GO. If you
>are stopped by the police, ask them why. If they do not have a good reason
>for stopping you, or if you find yourself chatting for more than about a
>minute, ask "Am I under arrest, or am I free to go?" If they do not state
>that you are under arrest, tell them that you do not wish to continue
>speaking with them and that you are going to go about your business. Then
>do so.
>
>6. ANYTHING YOU SAY TO THE POLICE, FBI, INS, ETC. WILL BE USED AGAINST YOU
>AND OTHERS. Once you've been arrested, you cannot talk your way out of it!
> Don't try to engage the cops in dialogue or respond to their accusations.
>
>7. In California, YOU HAVE THE RIGHT TO MAKE 3 FREE LOCAL TELEPHONE CALLS
>within three hours of your arrest on state charges if you are booked into
>jail. You have a right to call a lawyer, a bail bondsperson, and a friend
>or relative. If arrested by federal authorities, you also have a right to
>a phone call. Demand to make those calls.
>
>8. THE FBI MAY THREATEN YOU WITH A GRAND JURY SUBPOENA IF YOU DON'T TALK
>TO THEM. They may give you a subpoena anyway, so anything you tell them
>may permit them to ask you more detailed questions later. You may also
>have legal grounds to refuse to answer questions before a grand jury. If
>you are given a grand jury subpoena, you should call a lawyer immediately
>(see contact information at the end). Tell your friends and movement
>groups about the subpoena and discuss how to respond. Do not try to deal
>with this alone.
>
>9. IF YOU ARE NERVOUS ABOUT SIMPLY REFUSING TO TALK, TELL THEM TO CONTACT
>YOUR LAWYER. They should stop trying to question you once you announce
>your desire to consult a lawyer. You do not have to already have one.
>Remember to get the name, agency, and telephone number of any investigator
>who visits you, and contact the National Lawyers Guild for help getting a
>lawyer.
>
>How should I respond to threatening letters or calls?
>
>If your home or office is broken into, or threats have been made against
>you, your organization, or someone you work with, share this information
>with everyone affected. Take immediate steps to increase personal and
>office security. You should discuss with your organization and with a
>lawyer whether and how to report such incidents to the police and the
>advisability of taking other legal action. If you decide to make a report,
>do not do so without a lawyer present.
>
>What if I suspect surveillance?
>
>Prudence is the best course, no matter who you suspect, or what the basis
>of your suspicion. Do not hesitate to confront suspected agents politely,
>in public, with at least one other person present, and inquire about their
>business. If the suspect declines to answer, he or she at least now knows
>that you are aware of the surveillance. If you suspect government agents
>are monitoring you, or are harassing you, report this to the National
>Lawyers Guild.
>
>What if I am not a citizen?
>
>1. YOU DO NOT HAVE TO REVEAL YOUR IMMIGRATION STATUS. We cannot count on
>the police to honor local sanctuary ordinances, and the fact that the INS
>obtained your name in violation of a sanctuary ordinance will NOT prevent
>you from being deported.
>
>2. FOREIGN NATIONALS HAVE THE RIGHT TO CALL THEIR CONSULATE if arrested in
>the U.S., under the Vienna Convention.
>
>3. DO NOT TALK TO THE INS, EVEN ON THE PHONE, before talking to an
>immigration lawyer. Many INS officers view "enforcement," meaning
>deporting people, as their primary job. They do not believe that
>explaining immigration options is part of their job, and most will readily
>admit this.
>
>(Noncitizens who are victims of domestic abuse should speak with an expert
>in both immigration law and domestic violence.) A noncitizen should always
>speak with an immigration law expert before speaking to the INS either in
>person or by telephone.
>
>4. KNOW AND ASSERT YOUR RIGHTS!
>
>All noncitizens have the following rights, regardless of your immigration
>status:
>
>a. The right to speak to an attorney before answering any questions or
>signing any documents;
>
>b. The right to a hearing with an Immigration Judge;
>
>c. The right to have an attorney at that hearing and in any interview with
>INS (however you do not have the right to a free, government-paid lawyer);
>and
>d. The right to request release from detention, by paying a bond if
>necessary.
>
>Noncitizens must assert these rights. If you do not demand these rights,
>you can be deported without seeing either an attorney or a judge. Leaving
>the U.S. in this way may have serious consequences for your ability to
>later enter or to gain legal immigration status in the U.S.
>
>5. TALK TO AN IMMIGRATION LAWYER BEFORE LEAVING THE U.S.
>
>Anyone not a U.S. citizen may be barred from coming back to the U.S. if
>they fall into certain categories of people barred from entering. This
>includes some lawful permanent residents and applicants for green cards.
>Some noncitizens that have been in the U.S. without INS permission may be
>permanently barred from re-entering. In addition, some noncitizens that
>leave the US and return with INS permission may be swiftly removed from the
>U.S. if they end up in immigration proceedings.
>
> CONTACT INFORMATION
>
>National Lawyers Guild Bay Area legal hotline for local and federal police/
>government repression:
>
>(415) 285-1055 or 255-0796.
>
>National office: (212) 627-2656, www.nlg.org <http://www.nlg.org/>
>
>*[A local immigration contact]*
>
>National Immigration Project: (617) 227-9727
>
>Immigration law information is also available on <http://www.nilc.org/>
>
>American Arab Anti-Discrimination Committee
>
>Report hate crimes and harassment against Arab Americans and Muslims to
>ADC-SF (415) 861-7444 or ADC-National (202) 244-2990, and to the American
>Civil Liberties Union of Northern California: (415) 621-2493.
>
> -30-
>
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