INTRODUCTION:
Here in the United States, the freedom to think and believe
as you choose are protected by law. Unfortunately, our legal system is not perfect;
there are some few people out there who would use it against those who believe differently
from themselves.
It is important to remember that religious belief is not
a crime. If you are ever harassed for your religious beliefs, whether by corrupt
police following their own agendas or by honest police misled by dishonest citizens,
you must bear in mind that the legal system is designed to protect you. This pamphlet
will show you how to **use** the system to your own advantage: what to do, and especially
what **not** to do.
One caveat: It is assumed that you are, in fact, not
guilty of committing a crime. While it is true that the system works as well for
the guilty as for the innocent, our purpose here is to address only the issue of
harassment on the basis of religion or personal beliefs. If there is an actual crime
involved, even if it is religious in nature or motivation, AMER will not endorse
it or support its perpetrators.
There are several types of action available
to law enforcement officers which can be used to harass the ordinary citizen. Some
of these are questioning, search and seizure, arrest, and accusation. We will touch
on each of these, with information about what the police have to do, and what they
cannot do. This knowledge can help you to steer your own course through difficult
times.
One thing you must never, never do: **do not**, under any circumstances,
physically resist the police. To do so justifies their use of force to compel you;
don't give a police officer an opportunity to misjudge the level of force required.
If he is honest and unwise, or corrupt and out to get you, the result will be the
same: you will be injured (or even killed!), and he will be free to continue to harass
citizens. Your resistance must be passive - in what you **don't do - to be effective.
If you feel that you are being mistreated by the police, accept it and go along with
it; you will still be alive and free to obtain redress later, through the Courts.
IF YOU ARE QUESTIONED
Law Enforcement Officers have the right and
the duty to stop and question any citizen, whenever a felony has been committed and
they have reasonable grounds to believe that the citizen may have been involved in
that felony. If this should happen to you, your first reaction should be to cooperate
fully with the officer. This is not harassment, unless the questions asked do not
or cannot pertain to any real crime.
At your first opportunity, when you
suspect that you are being harassed, you should ask, "Am I under arrest?"
This forces the officer to inform you of your official status. If he or she does
not formally arrest you at that point, then you are still a "private citizen"
with all the civil rights thereof. You do not **have** to answer any questions, or
allow the officer into any premises for which he or she does not have a warrant.
Ask the officer, "What crime is under investigation?" The answer to this
question should allow you to decide whether the officers questions are legitimate.
Only then, if you are being harassed, should you use any of the following tactics.
You should **not** volunteer information about any persons or incidents,
no matter what is promised to you. Anything you say can be used against you and others,
and could be used out of context to mean something you had never intended. You will
not clear yourself by naming others or describing events. It is best not to say a
word until you have legal representation present.
Sometimes you could be
subjected to bigotry, insult, or epithets from police who feel that intimidation
will get them results from otherwise reticent subjects. Do not go into shock, do
not lose your temper and do **not respond in kind; it will only serve to pour more
fuel on the fire and make matters worse. If you can remember exact words and details,
write them down at the first opportunity and talk with a lawyer about whether you
have adequate grounds for a civil rights complaint.
The police may take you
to the station to talk. If this happens, ask to have an attorney present. Then, shut
up. Don't say anything until the lawyer is there with you, and speak only if he advises
it.
If you are in a public place with a multitude of neutral witnesses, like
an event in a public park, you can speak a little more freely. Just remember, witnesses
can work against you, too, so watch what you say and keep your temper.
If
you are at another's home when the police come in, you should keep quiet also. Avoid
incriminating your host. You really don't know what grounds are being used for the
raid, and you probably don't **know they are innocent of whatever it is; so avoid
incriminating yourself or others. In this case, the time to act is afterwards; see
an attorney.
In your own home, if the police ask permission to come in, the
answer should be "NO." You should step outside and talk with them. If the
weather is too inclement for that, or if they don't like this approach, offer to
go to McDonald's or to the police station. You don't have to let them in without
a warrant. If you are asked, "What do you have to hide?" turn it around
and ask "What kind of question is that?" If they are not asking to come
in, but breaking down your door, give way and let them in. Don't fight them or make
any insults or threats, but remember all that is said and done, make notes, and get
a lawyer.
If the officer looks frightened or angry, take extreme precautions
not to do anything to startle him or make him think you are about to do him harm.
This is a time of maximum risk to yourself, so be very polite and don't do anything
that may be interpreted as a threat.
IF YOU ARE INJURED
If the worst
happens and you are injured during the course of an improper police action, go to
th en earest Emergency Room for treatment. Even if the injury appears to be superficial,
the hospital is required by law to notify the police in the case of an assault. This
will begin the process of documentation for your eventual complaint or lawsuit. The
hospital's report will be instrumental in substantiating such a complaint.
SEARCH
AND SEIZURE
While the law recognizes many different circumstances under which
the police may conduct a search of persons or property, only a few are relevant to
this discussion. Of course, you are perfectly within your rights to ask the officer
**why** he is searching you; his answer will help you to determine whether you have
grounds for a complaint. (You ALWAYS submit to the search; if the officer is acting
improperly, you may file a complaint later.)
The Limited Protection Search
is most easily used for harassment purposes. The law enforcement officer is permitted,
if he has cause to suspect that a person is armed, to "frisk" that person
for weapons. While this may be undignified, it is no more than that; if you are armed,
surrender the weapon voluntarily before the search begins. This establishes that
you are willing to cooperate with the officer, and limits the scope of further harassment.
(Of course, if the weapon you carry is illegal, there are other consequences.) If
you are not armed, it doesn't matter; even if he were to find contraband on your
person, he probably could do no more than confiscate it, because it might not be
admissible evidence.
If you are a female, you have the right to have a female
witness present during the search. Another harassment tactic involves the "Plain
View" search, which is not a search at all. This involves the officer's simply
seeing some item which he defines as contraband; he has the right to confiscate it,
as well as to take any further action as appropriate. Though this can be a major
inconvenience, you can file a complaint against the officer through his department's
Internal Affairs division, and you may be able to recover your property.
If
you are actually arrested, then the officer may search your person and all of the
surrounding area within your reach. This "Search Incident to Arrest" is
permitted to insure that the arrested person cannot obtain a weapon or destroy evidence;
any contraband or evidence relating to the reason for the arrest is admissible. You
can do nothing about this, so relax. (It may be a tactic to rattle you. Don't let
it.)
One special case: when the property to be searched is an automobile,
the requirement for a search warrant is waived. The officer must still be able to
prove to the Court that his search is "reasonable," but he does not have
to obtain a warrant to make the search. This is because the vehicle is mobile, and
could be gone by the time a warrant could be obtained.
Once again, we cannot
make the warning strong enough: DO NOT resist a police officer or other law enforcement
officer when he insists on making a search! Better to submit to the search than to
the arrest or other consequences that could result from resistance! If you believe
that the search was not reasonable, take notes as soon as you can. See an attorney.
If you have a case, your attorney will deal with it.
IF YOU ARE ARRESTED
"**You are under arrest.**" These are words that the common, upstanding
citizen never expects to hear. However, as a Pagan or magical practitioner, you must
be realistic. As the world stands, Pagans, Satanists, Witches and others deemed "radical,"
"non-conformist," or (in extreme cases) "dangerous to society",
face the very real possibility that they may be harassed, arrested, charged with
supposed crimes, or actually prosecuted for those "crimes." Whether your
arrest is the end of a long series of harassments, or happens abruptly and surprisingly,
there are certain procedures that the police are required by law to follow if they
don't want the arrest to be deemed invalid in any future court proceedings. This
section deals with that process, and hopefully, will include some useful advice on
how to deal with being arrested.
You have probably already been stopped and
questioned. The officer has informed you that you are under arrest, and your situation
has radically changed. You are no longer a private citizen, but rather a ward of
the State until such a time as you are released. You are protected under Criminal
Code from certain indignities or atrocities (you may not be questioned without an
attorney present, for example, and you cannot be physically abused), but your civil
rights are severely limited. Let's examine what rights you **do** have, and how you
should exercise them.
Most people have heard the almost ritual language of
the Miranda Warning, mandated by the United States Supreme Court; but many do not
know **what** those words mean. It is important to understand this warning; its provisions
will govern your behavior from this point on:
YOU HAVE THE RIGHT TO REMAIN
SILENT. This means **exactly** what it says. You do not **have** to say anything
from this point on, even to give your name or social security number. It is strongly
recommended that you exercise this right.
ANYTHING YOU SAY CAN AND WILL BE
USED AGAINST YOU IN A COURT OF LAW. Again, this means **exactly** what it says. Every
word you utter may be used against you or others in a future Court proceeding. Before
you say anything, to anybody, you should examine it from all angles to see that it
cannot be used to incriminate you or others in the commission of some crime. Anyone,
including fellow prisoners or jailers, can be called as witnesses in a courtroom;
they can testify as to conversations you had with them, or to those which they merely
**overheard**. Also, many prisons and detention facilities are equipped with video
and audio recording devices; be careful not only of what you say, but how you act
in these facilities.
YOU HAVE THE RIGHT TO AN ATTORNEY, AND TO HAVE THAT
ATTORNEY PRESENT DURING QUESTIONING. It is strongly suggested that you exercise this
right as soon as possible, if for no other reason than to signal your captors that
you cannot be mistreated with impunity. Further, it is strongly suggested that you
have your attorney present during **any** questioning, by police, prosecutors, or
anyone else. Your attorney will know what questions may and may not be legally asked,
and will advise you as to which questions you should or should not answer. Also,
remember that the police will take anything that they can get; if your attorney is
not present, you may be subject to more badgering from them than otherwise.
IF
YOU DO NOT HAVE OR CANNOT AFFORD AN ATTORNEY, ONE WILL BE APPOINTED FOR YOU AT NO
CHARGE AND BEFORE ANY QUESTIONING. It is suggested that you retain a private criminal
defense attorney, if at all possible, rather than take a Court-appointed Public Defender.
Not that there aren't some very good public defenders out there, but most of them
are either very young lawyers right out of law school or old veterans who have become
somewhat cynical. Most of all, in virtually every city, public defense attorneys
are **extremely** overworked; your public defender will not - and cannot - give your
case the concern and effort that you need at this point. What you need is a good
attorney who has your best interests at heart, and who will take a strong stand with
his counterpart in the Prosecutor's office.
YOU ARE NOW UNDER ARREST. Most
people have no idea of exactly what this means. These formal words, uttered by a
Law Enforcement Officer or other official who holds the power of arrest, take you
out of the realm of the private citizen and make you a ward of the State. Your captors
literally have control over every aspect of your life.
Take this **very**
seriously! Your captors will exercise control over what you wear, what and when you
eat, even when you used to demoralize a prisoner and make him as docile as possible.
You must submit to this, or you will be compelled by force.
Until you have
been physically transported to a detention facility, the police do not **have** to
let you do anything. (Even if you were skyclad when they interrupted your ritual,
they do not have to let you get dressed. They might simply hand you a blanket to
drape around yourself.) Be prepared for this. Also, be prepared to have all of your
personal belongings (purse or wallet, wristwatch, jewelry, belt and shoes, even eyeglasses)
taken from you. If you wear contact lenses, you do have the right to ask to remove
them and put them in their wetting solution. (This is because the State is now responsible
for your property, and is required to take reasonable action to keep it from harm.)
You will be given an inventory and a receipt for everything confiscated, and it must
be returned to you when you are released. The only exception to this is property
seized as evidence. (Your attorney can advise you as to how to recover this property,
after your case is closed.)
Once you reach the police station, you will be f
ingerprinted. Your name, the reason for your detention, and the date and exact
time of your arrest will be noted in a log book, and your picture will be taken.
Take careful note of the date and time of your arrest; the law states that you may
only be held for a maximum of 72 hours (less in some states) before the police have
to either formally charge you with a crime (and take you before a judge for a hearing
to set bail) or release you. If you are held longer than that without a bail hearing,
your attorney can file a writ of habeas corpus (wrongful detention) and have you
released immediately.
During this 72-hour period, you **must** be allowed
one telephone call. **Use it wisely!** It is the one and only one you will get. It
might be wise, if you think it likely that you will be arrested or detained, to make
arrangements with some trusted friend or relative beforehand. That way, you can call
this person, who can act freely in your behalf. He or she can make as many phone
calls as necessary to secure you a good attorney, a bail bondsman, or whatever is
needed.
As a ward of the State, you are under the State's care. Police and
prison officials can be held personally liable if you are mistreated, and they know
it. You will be given the basics of sustenance; do not expect more. If, for example,
you are under a physician's care and are taking prescribed medicine for a medical
condition, they must continue that medication. If you are injured in the course of
the arrest, you have the right to receive medical treatment from a physician. You
will be fed and clothed. If you wear corrective eyewear or a hearing aid, you will
have them when you see your attorney or when you appear in Court.
IF YOU
ARE CHARGED WITH A CRIME:
If you haven't done so by now, you can't put it
off any longer. **Get an attorney**! A public defender just won't do; most of the
time, he would try to persuade you to accept a plea bargain (you plead Guilty to
a lesser offense in exchange for the prosecutor dropping the greater charge). Almost
80% of publicly defended cases are disposed of in this manner. Having retained a
good attorney, take his advice; it's what you pay him for.
One other thing
you can do: to the extent permissible by law, make sure that your case is made public.
The glaring light of public attention is a potent weapon; it forces the legal system
to operate as it should. Make sure that the media is informed of the injustice being
done. AMER may be able to help you with this.
THE SYSTEM **CAN** WORK
We
don't want to make you think that there is no hope for fair treatment from the police.
A new member of AMER recently told us a story which illustrates that innocence and
persistence can be your best defense. The member (let's call him Zack for convenience)
was spending a quiet evening at home when someone suddenly began beating on his front
door. Zack's neighborhood is a little rough, and there had been a number of robberies
there recently. When he opened his door a crack to see who was there and the muzzle
of a handgun was shoved into his face, Zack decided to cooperate to save his life
from what he thought were robbers. Several poorly-dressed men shoved their way into
his apartment and began to threaten him.
With a gun barrel shoved into his
mouth, Zack begged the men to take anything they wanted but to let him live. They
ransacked his apartment, apparently looking for drugs. Zack's religious beliefs forbid
him to use drugs, and the searchers evidently did not find anything to satisfy them,
until one man found Zack's altar! At that point, religious epithets joined the other
threats and insults.
One of the men then produced an official-looking form,
and held it in front of Zack and demanded that he sign it. Zack looked at the paper,
and was astonished to discover that it was an official police "Consent to Search"
form. Mindful of the gun then pressed to his temple, Zack reached for a pen, but
his hands shook so badly that he could not sign his name. When the man threatened
him with the pistol, Zack managed to sign the form shakily, and the man lowered the
gun.
The leader of the group identified himself as a police officer, but
did not produce a badge or search warrant. He seized one of Zack's occult books and
his membership card from an occult organization, and the group left.
Zack
was shaken and in pain, and decided to visit a hospital emergency room. When he told
a doctor how he was injured, the hospital called the police, as is mandatory in assault
cases. An officer took his statement, and told him that his story would be followed
up officially. The next day, Zack was visited by a police investigator, who told
him that the raid on his apartment was part of a "drug sweep" through his
neighborhood, but could not indicate whether or when his property would be returned.
At this point, Zack contacted AMER. On our advice, he wrote a detailed account of
his experiences, and began to work on an official complaint. When Zack contacted
Police Headquarters and asked to speak to someone in Internal Affairs, he was granted
an interview. He showed his written statement to a Police Lieutenant, who indicated
that he was not going to be charged with any crime, since no drugs were found in
his home. Zack asked that his property be returned, and indicated that he would pursue
legal action if needed to obtain its return. A few days later, Zack received a call
from a police officer who told him to come and pick up his property. Although he
was treated somewhat brusquely on his final visit to the police department, his property
was returned without comment on his religious beliefs.
Zack has had no further
difficulty with the police, and has come to the conclusion that the "raid"
was the result of a complaint by neighbors who wished to harass him. He has no plans
to file suit against the police department.
Though Zack's experience is unfortunate,
it shows the value of a prompt visit to a hospital, a careful written record of his
experience, and his persistent insistence on his rights as a citizen. This story
also shows that the system, though misused by some corrupt police officers, was designed
to protect the innocent; Zack's property was returned to him and he was not falsely
charged with a crime he did not commit.
Let us hope that none of us ever
needs to use the information in this pamphlet, but remember, if you are a victim
of police harassment, please call:
1) An attorney. In St. Louis, help in
civil cases is available from Legal Services of Eastern Missouri, Inc. (314)367-1700.
2) AMER. Our Voicemail number is (314)994-1026.
3) The American Civil
Liberties Union. In Eastern Missouri, their number is (314)361-2111.
WHAT
IS AMER ANYWAY?
The Alliance for Magical and Earth Religions (AMER) is a
St. Louis-based organization made up of representatives of several distinct magical
and/or Earth-centered religious traditions. Our members include witches, neo-pagans,
Satanists, and Christians, working together for freedom of religion for all Americans.
More information is available in our pamphlet, "What is AMER", available
from the address below.
ANY QUESTIONS?
Send your questions and (if
possible) a stamped, self-addressed envelope to AMER at this address.
Alliance
for Magical and Earth Religions
P.O. Box 16551
Clayton, MO 63105
(314)994-1026
AMER
can be reached by electronic mail via our electronic mail liaison, Chris Carlisle.
Her address is C24884CC@wuvmd.bitnet or C24884CC@wuvmd.wustl.edu.
Last Updated November 23, 1998