Category Archives: The Bill Of Rights

Flex Your Rights Presents: 10 Rules for Dealing with Police

The Bill of Rights provides citizens basic protections against unlawful searches and seizures via the Fourth Amendment, protections against self incrimination via the Fifth Amendment, and the right to an attorney via the Sixth Amendment. On a theoretical level, most people probably know this but what does this mean on a practical level?

If the police pull you over, are you required to answer the officer’s questions if he hasn’t informed you of your right to remain silent? What does “probable cause” and “reasonable suspicion” mean when a police officer wants to search your vehicle and do you have a right to refuse the search? Should you consent to the search if you know you have nothing to hide? If the police knock on your front door, are you legally required to let them in if they don’t have a warrant? Are the police legally required to tell the truth or can they make false promises or otherwise trick you into waiving your constitutionally protected civil rights?

If you are unsure about the answers to these questions, don’t feel bad; I wasn’t too sure myself. The 4 part video series 10 Rules for Dealing with Police from the group that calls itself Flex Your Rights answers these questions and more in terms a lay person like myself can easily understand. Some of the advice is common sense (see rules 1, 7, & 8 below) while others are more legal in nature.

Whether you are a “law abiding citizen” who almost never has an encounter with the police or a “cop magnet,” this advice not only could keep you from being in serious legal trouble but also keep you from being beaten, tazered, or shot (if you follow these rules and these things still happen, you have more legal recourse against offending officers).

If you don’t have time to watch these videos right away, here are the 10 Rules for Dealing with Police in brief:

1. Always be calm and cool. [Don’t give the police any reason to act aggressively; they do have a very dangerous job and if they feel threatened they are more likely to act aggressively].

2. You [always] have the right to remain silent. [The best way to assert this right, especially if the police insist on questioning you is by asserting your Sixth Amendment right to legal council and KEEP YOUR MOUTH SHUT until your lawyer advises you otherwise].

3. You have the right to refuse searches. [Assert this right by calmly and politely telling the police officer “I don’t consent to searches”].

4. Don’t get tricked. [Yes, the police can legally lie to you and trick you into waiving your civil rights].

5. Determine if you are free to go. [Ask the officer: “Are you detaining me or am I free to go?”].

6. Don’t expose yourself. [Don’t do anything that might appear suspicious in public].

7. Don’t run. [Running from the police is never a good idea].

8. Never touch a cop. [The simplest touch of a police officer can be considered assault; don’t do it].

9. Report misconduct: be a good witness.

10. You don’t have to let them in. [You do not have to let the police in your home unless they have a search warrant or there is an emergency which requires immediate action on their part. If you allow them to enter, anything they might find that could incriminate you can be used against you because you unwittingly waived your Fourth Amendment rights].

Here’s the series in its entirety (parts 2-4 are below the fold).

» Read more

Federal Court Gives Freedom Of Speech Another Victory Over McCain-Feingold

A Federal Appeals Court in Washington, D.C. put another nail into the coffin of the monstrosity that is the McCain-Feingold campaign finance law:

A federal appeals court on Friday handed another victory to conservative opponents of campaign-finance restrictions, striking down limits on individual contributions to independent groups who want to use the money for or against candidates in federal elections.

But in its unanimous decision, the nine-judge U.S. Court of Appeals for the District of Columbia also said that a conservative group called SpeechNow.org must disclose its donors and other details of its finances to the Federal Election Commission, a requirement that the group had sought to overturn.

Steve Simpson, an attorney who argued the case on behalf of SpeechNow.org, called the decision voiding contribution limits “a tremendous victory for free speech” and said it “ensures that all Americans can band together to make their voices heard during elections.” At the same time, the group decried the decision on disclosure and signaled that it would appeal the issue to the Supreme Court.

The ruling also amounts to a mixed bag for beleagured advocates of campaign-finance restrictions, who are relieved by the disclosure requirements but angered by the court’s decision to strike down limits on contributions to independent political groups. The decision follows from the Supreme Court’s landmark decision in January in Citizens United v. Federal Election Commission, which found that corporations are akin to individuals when it comes to political speech and are free to spend as much as they like for or against candidates.

The libertarian Institute for Justice represented the Plaintiffs in this case and had this to say in a press release issued today:

Institute for Justice Senior Attorney Bert Gall said, “Critics of the Citizens United ruling should applaud the decision in SpeechNow.org v. FEC, which guarantees individuals and unincorporated groups the same First Amendment right to fund effective speech that Citizens United guaranteed for corporations and unions.”

Unfortunately, although the court’s ruling frees SpeechNow.org to raise money and speak, the court upheld other burdensome requirements identical to those struck down in Citizens United. Gall said, “Laws that are unconstitutionally burdensome for General Motors and the AFL-CIO have to be unconstitutional when applied to a volunteer group like SpeechNow.org. The court’s ruling that SpeechNow.org must comply with political committee regulations is just flat wrong.”

Bradley A. Smith, CCP’s chairman and a former FEC chairman, added, “It’s unfortunate that the court did not recognize how political committee status regulation by the FEC places restrictive burdens on grassroots political groups. The court’s decision means that the FEC regulatory regime will continue to favor large, established special interests over ad hoc groups of like-minded citizens who gather together to enhance their voices in politics.”

Chip Mellor, president and general counsel of the Institute for Justice, said, “With this ruling, the D.C. Circuit has moved us one step closer to ending this nation’s failed 35-year-old experiment with campaign finance ‘reform’ and restoring the First Amendment to its proper place. The era when incumbent politicians could tinker with freedom of speech to insulate themselves from public criticism is coming to an end.”

And, when that day comes, it will be good for all of us.

SCOTUS, Not Gov. Perry, Grants Hank Skinner a Reprieve

Hank Skinner will not be executed today. With about an hour left before Skinner was to be taken to the death chamber, SCOTUS put an immediate halt to the process.

Michael Graczyk of the Associated Press reports:

The brief order grants him the delay but does not ensure he will get such [DNA] testing. Perry had not decided on the delay.

[…]

In the order, the justices said they would put off the execution until they decide whether to review his case. If the court refuses the review, the reprieve is lifted, according to the order, and Skinner would become eligible for another execution date.

So it looks like the process is back at square one. If the court refuses the review and the reprieve is lifted, a new date will be set and Skinner’s life will be back in Gov. Rick Perry’s hands. Hopefully this case will generate even more attention than it already has and even more pressure will be placed on Perry and others to make sure the DNA testing takes place if SCOTUS doesn’t force the issue first.

There certainly are no guarantees other than the fact that Texas will not risk killing an innocent man on this day.

Related:
Hank Skinner Execution Update: Texas Board of Pardons and Paroles Deny DNA Test Request

ACTION ALERT: Tell Gov. Perry to Give Hank Skinner 30 More Days

Former Texas Prosecutor and Judge Both Believe the State Has Executed More Than One Innocent Man

Opening the floodgates…

From tonight’s State of the Union address:

“Last week, the Supreme Court reversed a century of law to open the floodgates for special interests — including foreign corporations — to spend without limit in our elections,” Obama said. “Well I don’t think American elections should be bankrolled by America’s most powerful interests, or worse, by foreign entities. They should be decided by the American people, and that’s why I’m urging Democrats and Republicans to pass a bill that helps to right this wrong.”

In the video, Justice Samuel Alito can be seen visibly disagreeing with this sentiment. First, I’m glad someone can stand up against a President who respects the independence of the judiciary so little that he calls them out in the State of the Union. Such moves reek of political hackery that should be far beneath the President. Second, Obama’s assertion is flatly wrong.

Obama contends that the floodgates have been suddenly opened for corporations to have undue influence over candidates and politicians simply because campaign spending limits have been lifted. How, in a country where a single mother can be ordered to pay $1.92 million for sharing music because of a law bought and paid for by the recording industry, can it be claimed that the influence of corporate interests is at all inhibited?

In the recent health care debates, WalMart was on the front lines of the cheering, hoping that they could dupe Democrats into using the law to skewer their smaller competitors. In the same debate, the SEIU managed to secure a sweetheart deal for unions where the “Cadillac” tax would not be borne if the gold-plated health care plan was a result of collective bargaining (read: union strong-arming).

The history of the last half-century in Washington is one where incumbents and party-anointed successors enter into perpetual quid pro quo relationships with special interests. Legislators get things from special interests in return for political and legislative favors. We all know that this is the way things work. We all hope that when we send “our guy” to Washington that he’ll be the one to change it.

In real life, there is no Mr. Smith. Even when someone like Jeff Flake comes to Washington and tries to fight for the people he is rebuffed. The self-styled ruling class in Washington depends on having a monopoly on the influence of big business and special interests.

It is not the thought of special interests influencing politics that scares the ruling class. It is the thought of special interests influencing politics without them that does.

Influence peddling and vote buying are expected in the halls of power. Interests are allowed nearly unlimited access as long as they come in as supplicants to the ruling class. Once the same interests attempt to take their message from K Street to Main Street, the law is brought down upon them as they are accused of trying to corrupt the political process.

With that in mind, let’s look at what the President really meant behind the doublespeak:

“Last week, the Supreme Court reversed a century of law to open the floodgates for special interests — including foreign corporations — to speak directly to the people,” Obama said. “Well I don’t think that the course of American politics should be interfered with by the American people. It should be decided by the ruling class in cooperation with America’s most powerful interests, and that’s why I’m urging Democrats and Republicans to pass a bill that helps to right this wrong.”

The Supreme Court had the temerity to undercut the system of influence carefully constructed by the Republicratic ruling class over the last century. Obama is leading the charge to restore the power that the Supreme Court, and the Constitution, has denied them.

May more Americans have the courage to challenge Obama and the ruling class on this.

Supreme Court Strikes A Blow For Free Speech

By driving a stake through the heart of McCain-Feingold:

WASHINGTON — The Supreme Court ruled Thursday that corporations may spend as freely as they like to support or oppose candidates for president and Congress, easing decades-old limits on business efforts to influence federal campaigns.

By a 5-4 vote, the court overturned a 20-year-old ruling that said companies can be prohibited from using money from their general treasuries to produce and run their own campaign ads. The decision, which almost certainly will also allow labor unions to participate more freely in campaigns, threatens similar limits imposed by 24 states.

(…)

The justices also struck down part of the landmark McCain-Feingold campaign finance bill that barred union- and corporate-paid issue ads in the closing days of election campaigns.

As I’ve said many times before, the only campaign finance regulation that we need is full and complete disclosure.

Every candidate for Federal office should be required to disclose all contributions and disbursements and a regular basis (possibly even more frequently than the quarterly reports that are now the law), and that information should be easily available to the public so that people can know where a candidate’s money comes from and where it goes. After all, isn’t that what the First Amendment is really all about — let the information out and let the public decide what to think about it ?

Here’s the full opinion and dissent:

Citizens Opinion

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