Police Activity on the Road to BRC | August 22, 2018 We interrupt your packing with some important information about a serious increase in law enforcement activity in and around Nixon, Wadsworth, and other local communities on the way to Black Rock City (you can read our formal statement regarding the operation on the Burning Man Journal). U.S. Bureau of Indian Affairs (BIA) officers are stopping many vehicles traveling to the event. Reasons provided by officers for the traffic stops include: speeding, going too slow, not stopping at stop signs, crossing the centerline or even a tire touching the centerline, partially obscured license plates, and dim or non-functioning tail lights. These stops often involve police dogs and lengthy searches of vehicles. Many of our staff and volunteers report they were not breaking any traffic laws, but were stopped anyway. Nixon and the route along Hwy 447 is where the activity is most concentrated, but BIA agents or other law enforcement agencies may be present in other neighboring communities and along many of the roads and highways in the region (we DO NOT recommend taking alternate routes to Black Rock City). While we continue to navigate this evolving situation, here are some suggestions for how to best manage your travels and prepare for a potential stop by law enforcement officers. Use Your Brain: Travel Legally and Responsibly Reduce your chances of being pulled over in the first place by complying with all traffic laws, and making sure your vehicle is registered properly and in full working order. The speed limit in Nixon is 25 miles per hour. Do not drive faster than 25 mph! Double check that your tail, brake and license plate lights are working. Make sure your vehicle is registered. Make sure your license plates are affixed and clearly visible. Don’t cross over or touch a double-yellow line with your tires. Burning Man does not condone any illegal activity. Please respect all local, state, and federal laws. For more info about avoiding getting pulled over, read the Law Enforcement Edition of the JRS. Don’t Use Alternate Routes Please do not take alternate routes to avoid the delays in Nixon. The routes other than Hwy 447 have treacherous road surfaces, and they have little to no access for emergency services if there’s a problem. Furthermore, we cannot rule out that the agencies might set up traffic stops on alternate routes. Make a Recording of Your Drive On your way in, you might consider making a video recording to document the fact that you aren’t violating any traffic laws. You could use cameras — either mounted in your car or held by a passenger — to record your speedometer and the road ahead, that you’re staying in your lane, that you’re stopping at all stop signs, etc. Do not hold your phone in your hands to make a recording; it’s illegal to have your phone in your hands while driving, and that’s likely to get you pulled over. The ACLU has a free video app called “Mobile Justice” that allows a user to send any recordings to a secure server, in case your phone is broken or is seized; if you are pulled over you can upload your photos immediately. You also have a right to record your interactions with law enforcement officers. There is a recognized First Amendment right (Fordyce v. Seattle) to film and record public officials engaged in official business. In Nevada, it is legal to record a conversation with only one party’s consent, i.e. yours. That means you can start an audio recording with your phone out of view, avoiding the more confrontational approach of holding up your phone while speaking to the officers. This is useful to make a record of the officers’ stated reason for stopping you or for any other information about the interaction. We are concerned that this activity by the BIA is unconstitutional, since we have heard so many reports of people being pulled over when not violating any traffic laws. In the event there are any lawsuits against the BIA based on unconstitutional stops and searches, having documentary evidence — such as video and audio recordings — would be very helpful. If the officer tells a person to stop filming, that person can politely state he or she has a constitutional right to film, citing Fordyce v. Seattle. If the officer nevertheless improperly insists that all filming stop, it is best to follow his or her instructions, even if you believe they are unconstitutional. If You Get Pulled Over The law permits law enforcement to stop vehicles when they have a “reasonable suspicion” that a crime is being committed. Violations of traffic laws allow officers to stop a vehicle. Once a vehicle is stopped, the officers need probable cause to search the vehicle. The officers are permitted to have dogs circle the vehicles during the actual traffic stop, but are not permitted to detain you after the reasonable time necessary for a traffic stop is completed in order to bring dogs to the location. If the dogs alert, that provides probable cause for the officers to search the vehicle. In the event that you are stopped by a law enforcement officer, we recommend you comply with all instructions provided by officers, even if you think they are unconstitutional. Interfering with law enforcement during a stop, investigation, or at any time is considered an offense. Even though you may want to help your friend or the driver of your vehicle, please be mindful of staying calm, cooperating, and speaking respectfully to law enforcement officers. Don't escalate the situation by arguing, being agitated, or gathering too closely around an incident. If you’re asked to back away, do it. It is your constitutional right to refuse to grant consent to a search, and if the officers search without your consent, there is no requirement that you assist in the search. If you are asked by officers if they can look around inside your vehicle or if you will consent to a search, and you wish to decline to grant consent, you should state affirmatively that you do not consent to a search. The officer cannot use your refusal to give consent as a basis for doing a search. You have a constitutional right to video any search and the drug dog operations, but obey the officers’ instructions and do not interfere with their actions. If you believe the reason for any traffic stop has been resolved, you have a right to ask if you are free to go. For more info visit ACLU.org or NOLO.com. Which Law Enforcement Agencies Are Involved? The main agency with increased presence en route to BRC is the U.S. Bureau of Indian Affairs. This is a separate federal agency from the Bureau of Land Management (BLM), which has a presence in Black Rock City, but they are both in the U.S. Department of the Interior. This is the first time the Burning Man even has been targeted for an operation by the BIA. Support Our Local Communities We are seeing some calls online for boycotts of local businesses. The citizens of Nixon and surrounding areas have not requested these traffic stops, and Burning Man wants to continue having a close and positive relationship with our local communities. Please consider this as you drive through the area. What to Do After You’re Stopped by Law Enforcement If you are stopped or searched, we need information from you. Please fill out the online Law Enforcement Feedback Form immediately, while the details are fresh in your mind. It’s critical for us to gather accurate statistics, and you can play a key role in helping us do just that. We need as much detailed information as you can provide, as well as good contact info to follow up with you. Hard copies of the form will also be available on playa at the Gate, at Playa Info, and at the Black Rock Ranger stations: Ranger HQ @ 5:45 & Esplanade, Outpost Berlin at 3:00 & Cylon, and Outpost Tokyo at 9:00 & Cylon. Another form of feedback you can provide about your interactions with federal law enforcement agents is to the Pyramid Lake Paiute Tribe and elected officials. You are welcome to contact Congressional offices to ask them to encourage the BIA to stop these increased enforcement actions. Not only are they unwarranted, they’re dangerous and disruptive to the communities, and elected officials will want to know about that. Nevada representatives include Congressman Mark Amodei, Senator Catherine Cortez-Masto, and Senator Dean Heller. What to Do if You’re Cited or Arrested If you receive a citation or are arrested then you may want to consult with a Nevada criminal defense attorney. Lawyers for Burners can help you find a lawyer who can assist with your defense. Please note that the Burning Man organization cannot represent you in any criminal or administrative proceeding, nor can Burning man intervene on your behalf about any criminal or administrative incidents. Lastly, be smart, be safe, and be careful on your way to Black Rock City. It’s time for our annual experiment in Civic Responsibility. Let’s show ‘em how it’s done. Disclaimer This edition of the JRS provides information about law enforcement activities in Nixon and Wadsworth. Legal information is not legal advice, and although we strive to ensure the accuracy and usefulness of the information here, you should consult with a lawyer if you want legal advice about a particular situation. Burning Man Facebook Page

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