BLACK LAWYERS FOR JUSTICE



Attorney.shabazz@yahoo.com

“WHAT BLACK PEOPLE NEED TO KNOW WHEN DEALING WITH THE POLICE “ WWW.BLFJUSTICE.ORG Attorney.shabazz@yahoo.com“WHAT BLACK PEOPLE NEED TO KNOW WHEN DEALING WITH THE POLICE “



By: Attorney Malik Shabazz - BLFJ Founder

Facebook: Black Lawyers For Justice

















1. WHY THE BLACK COMMUNITY NEEDS SPECIAL ADVICE

FOR DEALING WITH THE POLICE



Blacks or African Americans need special rules for dealing with the police because for

decades and centuries they have received separate and unequal treatment at the hands of law

enforcement. Black people and people of color have consistently been treated worse and subjected

to a double standard when it comes to law enforcement and the criminal justice system In general.

in no state or jurisdiction anywhere in America can we expect consistent, true fair and equal

treatment from the police. Racial profiling and discrimination is a reality and Black People’s legal and

human rights in far too many instances are not given the same respect as whites or others.





2. TRY TO AVOID ENCOUNTERS

WITH THE POLICE:







a. Avoid Negative Encounters: My first advice to our community is conduct yourself in a way

at all times to avoid negative encounters with the police and law enforcement. The less contact

with police, the less likely a negative occurrence will occur. Avoid circumstances or actions in

your activities, vehicle or home that could bring you into an encounter with the police. Shun any

circumstance or situation that could give the police a reason to detain, search or question you.

The Black Community is under constant racial profiling and targeting and law enforcement and

we must not give them an advantage against us.

b. Domestic Disputes and Black Men: If you see a domestic dispute

developing between you and your partner, it is best to abandon the scene early on before

emotions cause either party to put their hands on each other or one parties property. Don’t

wait until a physical altercation develops and the cops show up because 90 percent of the

time, regardless to the origin of the dispute the Black man is going to jail. So be wise.

Miranda v. Arizona, 384 U.S. 436 (1966), was a historic and critical

legal decision of the United States Supreme Court . The Court held that

statements made in response to questions or interrogation by a person who

is in police custody will be admissible at trial only if the person in police

custody is informed of their right to consult with an attorney before and

during their questioning. Also Miranda found that the person in custody is

informed of their rights against self-incrimination prior to questioning by

police, and that they not only understood these rights, but the also

voluntarily waived these right.







3. “ANYTHING YOU SAY OR DO

CAN AND WILL BE USED AGAINST YOU.”







Never forget this teaching: The Police have to give you your Miranda Rights Warning for a

reason! They are forced by law to tell you, that once you are detained and not free to leave, that

you have a right to remain silent and that “Anything You Say Can And Will Be Used Against You.”

It does not say “Anything you say can and will be used for you.” All scenarios with the police that

are presented in my pamphlet require you to optimize your chances of success in your police

encounter by remembering the simple axiom: “loose lips sink ships.”







4. TAKE NOTES AND VIDEO TAPE







Documentation of any incident with police is very important because some cops lie:



a. Try to find witnesses and their names and phone numbers.

b. If you are injured by the police, seek medical attention first, then take photographs of the

injuries as soon as possible,

c. Try to videotape the encounter or encourage someone else to do so with cell phone

d. Send your abuse report and video to Black Lawyers For Justice at

you feel your rights have been violated, file a written complaint with police department’s

internal affairs division or civilian complaint board.

e. Case Law on Video: 1st U.S. Circuit Court of Appeals has ruled that members of the

public have a Constitutional First Amendment Right to videotape police carrying out their duties

in public. The Aug. 26 2011 ruling in Glik v. Cunniffe, the Court stated that the right to video

tape does not only apply to the media but logically extends to public at large. a. Try to find witnesses and their names and phone numbers.b. If you are injured by the police, seek medical attention first, then take photographs of theinjuries as soon as possible,c. Try to videotape the encounter or encourage someone else to do so with cell phoned. Send your abuse report and video to Black Lawyers For Justice at www.blfjustice.org . Ifyou feel your rights have been violated, file a written complaint with police department’sinternal affairs division or civilian complaint board.e. Case Law on Video: 1st U.S. Circuit Court of Appeals has ruled that members of thepublic have a Constitutional First Amendment Right to videotape police carrying out their dutiesin public. The Aug. 26 2011 ruling in Glik v. Cunniffe, the Court stated that the right to videotape does not only apply to the media but logically extends to public at large.







5. HOW SHOULD I CONDUCT MYSELF WHEN

STOPPED BY POLICE?







a. Be Alert, Yet relaxed and try not to move too much- Use limited movement, body

language, and be in control of your emotions.

b. Use as few words as possible. Anything you say or do can be used against you.

c. Do not get into an argument with the police. Be professional and

courteous and expect the same in return. The least you say the better.

d. Keep your hands where the police can see them. Black People are shot or

killed in situations many times for alleged hand movements when other races are not.

e. Keep Your Pants Up: Black Males must keep their pants belted and pulled up because

many brothers are being shot by police while they are trying to pull their pants up and the

cops lied and claimed the young men were allegedly reaching for weapons.

f. Do not run from the police. Especially at night. And don’t do things that make you want

to run. Black people are shot in the back all the time, running from the police. a. Be Alert, Yet relaxed and try not to move too much- Use limited movement, bodylanguage, and be in control of your emotions.b. Use as few words as possible. Anything you say or do can be used against you.c. Do not get into an argument with the police. Be professional andcourteous and expect the same in return. The least you say the better.d. Keep your hands where the police can see them. Black People are shot orkilled in situations many times for alleged hand movements when other races are not.e. Keep Your Pants Up: Black Males must keep their pants belted and pulled up becausemany brothers are being shot by police while they are trying to pull their pants up and thecops lied and claimed the young men were allegedly reaching for weapons.f. Do not run from the police. Especially at night. And don’t do things that make you wantto run. Black people are shot in the back all the time, running from the police.

TAKE THE ADVICE OF A PEOPLE’S LAWYER ATTORNEY SHABAZZ IS ON YOUR SIDE



“WHAT BLACK PEOPLE NEED TO KNOW WHEN DEALING WITH THE POLICE “



6. IF I AM STOPPED BY THE POLICE

DO I HAVE TO TALK?







No, you don’t have to talk to the police. Only in limited circumstances do you have to

talk to the police. So as a rule of thumb, if questioned try not to talk to much.

If you have a conversation with police:

a. Stay calm. Be professional. Give respect and courtesy and demand the same

in return.

b. Right to Remain Silent: If you choose to not answer any questions, you do not

have to. It's not a crime to refuse to answer questions and it is your

Constitutional right not to talk and to seek legal counsel.

c. You do not have to explain where you are going or where you came from.

d. Do not be intimidated into giving up your Constitutional Rights: Don’t

compromise principles and give up your legal rights just because you are under

some sort of stress, anxiety, pressure of duress. Standing up for your 4th

Amendment Rights and other Constitutional Rights will always be your best bet.

e. If you are driving a car, you must show your driver's license and registration. If

you are not the driver and are a passenger YOU DO NOT HAVE TO SHOW I.D.

f. Showing Identification: You don’t have to show to police identification just

because they ask you. Simply don’t respond to the request.

However If you are detained based on a reasonable suspicion or arrested you

may have to give your name and prove who you are in order to be released.

g. Ask if you are free to leave. If the officer says yes, then politely walk away. If

you are under being detained or arrested, you have a right to ask and know why.







“WHAT BLACK PEOPLE NEED TO KNOW WHEN DEALING WITH THE POLICE “







a. Stop and Frisk: In Terry v. Ohio, 392 U.S. 1 (1968), the United States Supreme Court

allows a police officer to stop a suspect on the street and frisks him without probable cause to

arrest, if the police officer has a reasonable suspicion that the person has committed, is

committing, or is about to commit a crime and has a reasonable belief that the person,

according to the police, "may be armed and presently dangerous."

Police may conduct a quick surface search of the suspects outer clothing for weapons if

they have reasonable suspicion that the suspect stopped is armed. This reasonable

suspicion must be based on "specific and articulable facts" and not merely upon an

officer's hunch or subjective opinion. The police must have specific facts and information

that a crime has been, is or might be committed and that the officer has a reasonable

suspicion that person stopped is involved, or will be in the crime. Stopping any Black

person after a crime has been committed is not acceptable yet is often done by Police in

the Black Community. This permitted police action has subsequently been referred to in

short as a "Terry stop” or “stop and frisk," or simply a "Terry frisk". The Terry stops was

later extended to temporary detentions of persons in vehicles, known as traffic stops

Police Officers nationwide have abused Terry v. Ohio in order to commit Racial Profiling

and Racial Targeting by randomly detaining and stopping and frisking Black males. This

pamphlet is designed to help you resist them and tell them “NO!”. Even if searched for

BE SMART



7. AM I BEING

DETAINED BY THE

POLICE?



weapons under a legitimate stop it is illegal for the Police to search further, or for them to

go in side your pockets. They are allowed to pat down for an obvious weapon for their

own safety during a brief legal detainment and thatʼs it they can search no further.

Amount of time in detention: The police can only detain you for a reasonable time to

ascertain whether or not you are involved in criminal activity. After that they must release

you or your detention turns into an arrest. A reasonable time is usually ten to 15 minutes

only for a lawful detention.



BEWARE: DO NOT CONSENT TO ANY KIND OF SEARCH AT ANY TIME! BEWARE: DO NOT CONSENT TO ANY KIND OF SEARCH AT ANY TIME!



8. DO I HAVE TO HAVE TO CONSENT TO A SEARCh

OF MYSELF OR MY BELONGINGS,?

a. Never voluntarily consent to any kind of search.

b. Ask if you are under arrest or being ‘legally detained”. If you are, you have a

right to know why.

c. Police may "pat down" your clothing during a detention they have reasonable suscpicion

that a weapon may exist. Police may pat-down your clothing if they suspect a concealed

weapon.

d. You should refuse to consent to any type of search including a Terry Search further

search. If you do consent, that is evidence that will not be in your favor when later you

challenge the search as being illegal on 4th Amendment violation of search and seizure

grounds.







9. WHAT SHOULD I DO WHEN STOPPED

BY POLICE IN MY CAR?







a. Keep your hands where the police can see them and make no erratic motions. If you

choose turn on interior light. Make no sudden motions and be professional.

b. Videotape the encounter if possible using your Smart phone or other type of phone.

c. If asked, show the Police your driver’s license, registration, and proof of insurance.

d. If you’re given a ticket, you should sign it; otherwise you might be arrested. It is best to sign

the ticket and contest it later in court the case in court later.

e. NEVER VOLUNTARILY CONSENT TO A SEARCH OF YOUR VEHICLE. It is not lawful

for police to arrest you simply for refusing to consent to a search. But if police believe your car

contains evidence of a crime, your car can be searched without your consent.

f. Both drivers and passengers have the right to remain silent.

g. If you are a passenger in the car: if you desire to leave, you can ask “am I under arrest”







or “am I being Detained.” If the officer says no, remain silent and you have the right to exit the

vehicle and leave. Passenger does not have to shoe i.d. without cause.

DWI (Drunk Driving): if you are suspected of drunk driving (DWI) and refuse to take a blood, urine

or breath test the following can occur:

1. if you refuse in your home state your license will likely be automatically suspended

2. if you refuse out of state, you have a chance of winning the case as long as you have

witnesses that will testify that you were not drinking and there is no other credible evidence

that you were drinking beyond the limits.

SUSPENDED LICENSE: If your license is suspended, the police may arrest you and impound your

vehicle and the search your vehicle unless someone is present who can drive the car or unless the

car can be legally parked. So it is critical to keep your license in good standing and do not drive

without a valid license.

IMPOUNDMENT SEARCH If your car is impunded for suspended license or for the registration being

expired the police may impound the vehicle and search the vehicle before impoundment an inventory

search. So be aware of the status of your tags so you don’t get caught slipping and lose your legal

tactical advantage in encounters with the police.







10. WHAT TO DO WHEN THE POLICE

SEEK TO ENTER YOUR HOME?







a. In order to enter your home the police or sheriff must have a warrant, signed by a

judge They must knock and announce themselves.

b. Ask to see the Warrant

c. If it is an emergency or someone is in imminent danger in the house or a fleeing

felon has entered the house, officers are allowed to enter and search your home

without a warrant.



“WHAT BLACK PEOPLE NEED TO KNOW WHEN DEALING WITH THE POLICE “



(So be careful who you have in your house and what you allow them to do in your

house of out of your house if you want to keep the police out of your house.)

d. Domestic dispute: If a person has made a 911 call and claimed that a crime which

affects their safety has occurred the Police can come in to investigate criminal activity.

They can conduct a limited search relative to the crime allegedly committed. So my

advice is be very careful who you have in your home because a person in your home

calling the police on you can erode key privacy rights you have.

e. If you are arrested, the police can search you and an area close by. If you are in a

building, 'close by' usually means just the room you are in and only a search relative to

crime you are being arrested for.







11. WHAT TO DO IF I AM ARRESTED

OR TAKEN TO A POLICE STATION?







1. You always should exercise your Constitutional right to remain silent and to talk to a

lawyer.

2. Do not speak about your incident behind bars. You never know who you are talking

to and who is listening. If you are allowed to make a phone call, do not discuss the

details of the incident.

3. You should appear in court the next day for arraignment. If your lawyer does not

appear with you a court appointed lawyer will be appointed for you. After that, you can

choose to remain with a court appointed attorney or you can hire your own private

counsel of your choice.

5. When in court, you may be released without bail or on your personal recognizance.

But if you are on probation or on parole or depending on the seriousness of the crime

in which you are arrested for you may have to post bail.

6. Let your attorney make all bail arguments and all conduct all actions on your case.

Only a fool has himself for a client

If you, or someone you know who has been

falsely arrested, unlawfully detained, assaluted or

beaten or killed by the police

attorney.shabazz@yahoo.com

blfjustice.org