Uphold your civil rights!
Citizens who love liberty must detest cop shows. For cop shows often glorify police brutality and celebrate civil rights violations. Even “Walker, Texas Ranger” has its fair share of law enforcement “irregularities.” (In real life, however, they may not be all that irregular.)
Of course, Hollywood crime shows must feature such police “irregularities” (assuming for the moment that they are, in fact, irregularities). They add to the drama, tension and suspense. They keep the show moving along–and the viewers riveted to their seats. If civil rights violations did not regularly occur on T.V., the plots would probably not progress as smoothly. (We expect the police interrogators to beat the suspect for vital information, for example.)
Unfortunately, many citizens, taking their cue from these fictional law enforcement depictions, may not be entirely aware of their constitutional rights. As a result, many of us may not be entirely prepared to confidently assert and affirm our fundamental constitutional rights when dealing with the ever friendly law enforcement community.
There are, however, a few key points to always bear firmly in mind. First, you have rights. Never allow yourself to be intimidated by the police or by the attorney general’s office. Know your legal rights and exercise them at every possible opportunity.
When confronted by the police, you have the right to refuse to answer any of their questions. Whether you are placed under arrest or not, you have the right to remain silent.
This does not mean that you should be openly defiant, rude, or disrespectful. On the contrary, you should always be polite to our friendly law enforcement personnel. Merely say: “I am sorry, but I have nothing to say to you in connection with this investigation. Please check with my attorney.”
If you are placed under arrest, volunteer nothing without the advice and consent of a capable defense attorney. If you have not been arrested, you have the right not to volunteer any information. Let them subpoena you if they must.
Remember that the prosecution has the burden of proof. Let them carry that burden of proof. You are under no obligation to make it easy for them to possibly advance their burden of proof against you in a court of law.
The police cannot hold you for questioning. They cannot hold you unless they have enough (substantial) evidence to charge you with a crime. Ask them if they are placing you under arrest. If they are placing you under arrest, immediately ask for an attorney and say nothing else. If they are not placing you under arrest, then you should be free to go. They don’t have the evidence to use against you.
Do not volunteer anything that might give them the opportunity to fabricate some evidence. This is very important: say nothing. Let them prove their case in court.
The other crucial point to remember: Never let a police officer search your property without a warrant or probable cause. If there is no illegal material in “plain view,” if the officer has no probable cause to suspect you, and if he or she does not have a warrant, never consent to a search of your private property. Uphold your constitutional rights! Never fear: Any evidence improperly obtained against you should be immediately dismissed in court.
For more information on upholding your constitutional rights in the face of possible law enforcement harassment, please check with your attorney. Uphold your rights at every possible opportunity–lest the government think they are but mere privileges!
Strictly a personal view. Charles Reyes Jr. is a regular columnist of Saipan Tribune. Mr. Reyes may be reached at charlesraves@hotmail.com
