Ann Berget is not the only list member who has made the news recently... **************************************** Lawyers advise silence, no search consent in traffic stop Steve Brandt, Star Tribune Published May 25, 2003
Stay calm. Keep your hands visible. Make no sudden movements.
That advice about how to behave during a law enforcement stop while walking or driving was given to about 50 people Saturday at a "community training session" in Minneapolis that focused on citizens' rights.
The advice was more specific for those who feel they're targeted because of race, political activism or immigration status. Lawyers advised: Don't answer questions. Don't consent to a body, car or home search. If police proceed, don't resist.
"The cop has the gun, and you don't," said Scott Moriarity, one of several lawyers who gave presentations. "You have to stay calm and relaxed."
The session, "Stop Police Brutality Before It Starts," was co-sponsored by the Minnesota chapter of the National Lawyers Guild, Communities United Against Police Brutality and the Community Collaborative.
Police officers have the right to see a driver's license and insurance card, but not those of passengers, Moriarity said. But if the stop might lead to the impounding of a vehicle, the passenger might want to show a license so he or she can drive if the driver is arrested. Police should be told if the driver needs to reach for a license in a concealed location, such as a glove compartment.
An officer can ask questions without a Miranda warning, he said. Moriarity noted that people can say they'd rather not talk until they've contacted a lawyer. Drivers should assume that their conversations are being recorded, he added.
Drivers also may refuse to grant permission for a search of their person or car. If police go ahead or if the driver feels mistreated, action may be taken after the incident, other lawyers at the event said.
If later action is warranted, a written record of the encounter is important, said Michelle Gross, a founder of Communities United Against Police Brutality. This includes the officer's badge number and physical characteristics, the time of day and the squad car number. Injuries should be recorded on color film, Gross said.
Steve Brandt is [EMAIL PROTECTED]
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