It’s #STFUfriday!

[d_j_nathanson@esq.social]

It’s #STFUfriday!

When cops ask you questions, ask for a lawyer and then STFU:

- I am not discussing how I’m doing or where I’m going.

- Am I free to leave?

- I am not answering any questions.

- If they ask to search anything: "I do not consent to a search."

- I want to talk to a lawyer.

“Just Say No” to drugs was stupid and unrealistic. Sometimes people think just saying no to the cops is also unrealistic, esp if you’re BIPOC or LGBTQ+.

Re-upping some previous comments on that topic.🧵

[d_j_nathanson@esq.social]

Whether BIPOC and LGBTQ+ people can safely invoke their Miranda rights is sensitive and case-specific. There’s nuance probably not suited for a social media discussion.

Let’s start by applauding those marginalized people who are brave enough to stand their ground and demand their rights. They make it easier for all of us to do the same when faced with the coercive, armed power of the state. /2

[d_j_nathanson@esq.social]

Similarly, if cis white people normalize regularly asserting Miranda rights, one can at least hope that it creates a culture where asserting your rights doesn’t endanger people generally, including marginalized folks.

On that point, if Officer Friendly is going to freak out and abuse you for asserting your rights, that’s almost certainly not someone you want to be talking to.

Rock and hard place. /3

[d_j_nathanson@esq.social]

From listening to my clients (about 50% people of color) and to at-risk people in the community, some general guidelines have emerged about what to do between the rock and the hard place. /4

[d_j_nathanson@esq.social]

If you’re in an interrogation room, something bad is already happening. The chance that you will talk your way out of it and be let go is far outweighed by the chance that your words will be used to convict you. Demand a lawyer. It will likely result in you being held until you can be brought to court and given a lawyer and a bail hearing. But the pain of even a weekend in jail is FAR outweighed by the pain of years in prison if they convict you using your own words against you. /5

[d_j_nathanson@esq.social]

Street encounters are more common, more difficult to navigate, and potentially dangerous. The first goal is to be physically safe. Use your common sense about what might anger this particular cop. They differ. /6

[d_j_nathanson@esq.social]

Kill them with politeness.

Try putting “I’m sorry officer but …” or similar before every assertion of your rights suggested in the first post.

Keep in mind you are not entitled to Miranda warnings if you are not in custody (custody generally equates to not free to leave). But nothing prevents you from asserting your rights even if you are not in custody. /7

[d_j_nathanson@esq.social]

It’s often not safe to record the police yourself even if it is legal in your jurisdiction. If it seems like it isn’t safe, try to make a mental note of who is around, whether there are cameras, where you are, distances, and the lighting and weather conditions.

If you can see the cop’s name, badge number, and vehicle number, great. Asking for it during the interaction may be unsafe. You may want to ask a bystander to call a family member or lawyer for you. Use your own judgment. /8

[d_j_nathanson@esq.social]

If you are charged with a crime, write down your memory of the interaction and give it to your lawyer. Even if you don’t have a lawyer at the time, write across the top something like “Confidential: for my lawyer.” DO NOT GIVE IT TO ANYONE ELSE. /9

[d_j_nathanson@esq.social]

If you are not charged with a crime or the charge is dismissed and there was misconduct by the cop, carefully consider filing a complaint.

[DO NOT MAKE ADMISSIONS IN YOUR COMPLAINT!!!]

You may not think filing a complaint does anything because police will side with the cop. It does matter. /10

[d_j_nathanson@esq.social]

If I can obtain the internal affairs file of a cop with fifteen dismissed misconduct complaints, I may be able to use that in cross-examining him in a later case.

Indeed, some cops become so problematic that prosecutors refuse to use them as witnesses. [They could get put on a so-called “Brady list.”]

The point is, you could be helping someone else.

Again, it may not be safe to file a complaint. Your call. /11

[ginevracat@toot.community]

@D_J_Nathanson
This is true for all bullies. If your boss / coworker uses intimidation or threats, if it's safe to do so, file a complaint. Don't do it as revenge or hoping that it magically stops long-established and -enabled behaviour, but do it as part of building a portfolio of evidence against them so that later on those in authority cannot say they did not know.

Make life as inconvenient as possible for those who choose to use power to be violent or oppressive to others.
(Grammar edit)