Man Arrested for Wearing Occupy Jacket at Supreme Court


Occupy supporter Scott Fitzgerald was arrested in Washington DC inside of the Supreme Court building for wearing a jacket with “Occupy Everything” on the rear.

[VIDEO] Officers attempted (kind of) to explain where so-called “Marshal’s Regulations” were posted that supposedly justified the arrest and the barring of Occupiers’ from entry to the public building…and failed.

This is maddening, and they wonder why we are getting frustrated and feeling voiceless?

Apparently Occupy insignia is now probable cause for arrest. This is not the country I was raised to support.

Know Your Rights during an Arrest (United States)

No. Police are not required to tell you what you’re being arrested for. Within 72 hours you have right to be brought before a judge or released. When brought before a judge, that’s when the charges against you will be read.

Nevertheless, at the time of arrest, police will typically give you a basic explanation for why you’re being taken into custody. Remember to keep your mouth shut and ask for a lawyer.

Resisting arrest is just like it sounds. If police have probable cause to arrest you and you delay or resist them in any way, you can be charged with a misdemeanor of resisting arrest. Examples of resisting arrest include running away from police or providing an officer with a false ID. 

Be aware that just touching an officer could get you tasered or beaten and stuck with a felony charge for assaulting a police officer.

Probable cause is the legal standard by which a police officer has the right to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. While many factors contribute to a police officer’s level of authority in a given situation, the probable cause standard requires facts or evidence that would lead a reasonable person to believe that a suspect has committed a crime.

Common examples of probable cause include the sight or smell of contraband in plain view or plain smell, or an admission of guilt for a specific crime. The presentation of any of these facts would allow an officer to perform a search and make an arrest.

Be aware that minor traffic violations (e.g. speeding, broken tail-light, or expired registration) are notconsidered probable cause.

Videotaping or photographing police in public places is usually legal, so long as you don’t interfere their ability to do their job. Nonetheless, police generally don’t like being watched or documented and will often respond aggressively. 

Citizens are frequently arrested for videotaping police, and the charges are later dropped. Regardless, video is uniquely effective in revealing guilt and exonerating the innocent — for both police and citizens. See examples of this hereherehere, and here.

If you’re videotaping or photographing police, make sure you don’t interfere. If you’re arrested, “obstruction” is the most likely charge, and you’ll want to be able to defend against it.

If you acquire video or photographic evidence of police misconduct, create and secure copies of the evidence. Then forward copies to local police monitoring groups such as civilian review boards, and local ACLU, NLG, and NAACP chapters. You should also obtain legal representation for yourself in case the police department retaliates against you.

For an excellent defense of why it should never be illegal to videotape police, click here. 

If you’re arrested you have the right to remain silent. You have the right to an attorney. You have the right to be brought before a judge within 72 hours and charged. And you have the right to be treated fairly under the law.

If you’re arrested, don’t rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I’m going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They’re your best protection if you’re under arrest.

Remember that anything you say can and will be used against you in court. So don’t try to talk yourself out of the situation, and don’t make small talk with police either.

Article from Denver news station KDVR back in August, 2010:

With more and more ways to take pictures or images, police departments are lobbying state legislatures to pass laws which in effect allow them to operate without public oversight.

"It’s not right," said Colorado Attorney General, John Suthers. “We think that allows police agencies, who are public employees, working for tax payers, to operate outside the First Amendment.”


The First Circuit Court of Appeals Ruled that Citizens Can Videotape Police:

The First Circuit Court of Appeals, highest court in New England region, reached a crucial decision in August (2011) allowing the public to videotape police officers while they’re on the clock. 

"The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles [of protected First Amendment activity]. Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting the free discussion of governmental affairs.  Basic First Amendment principles, along with case law from this and other circuits, answer that question unambiguously in the affirmative."

The Court further stated that such protections should have been clear to the police all along, noting that the right to videotape police carrying out their duties in a public forum is “fundamental and virtually self-evident”, particularly on the Boston Common—the “apotheosis of a public forum.”

"Moreover, changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw," the Court continued. "The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders with a ready cell phone or digital camera rather than a traditional film crew, and news stories are now just as likely to be broken by a blogger at her computer as a reporter at a major newspaper. Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status."

The court concluded, “In our society, police officers are expected to endure significant burdens caused by citizens’ exercise of their First Amendment right.”

"[T]hough not unqualified, a citizen’s right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment."

For UK protesters, please see:

YourRights.org.uk

England/Ireland

Scotland

Wales

For Aussie protesters, please see:

Here

Here

Just ask for any other country, and I can look it up for you. 


youthiswasted

sandwichandpenny:

Recently received this email from my clinical internship’s program director:

“Hello current *** volunteers and interns,

In light of the ongoing civil disobedience events in New York City, the *** would like to inform you all of our protocol and procedure concerning arrests:

·         If a current *** volunteer or intern is arrested they must immediately notify *** personnel. Please contact *** if you are part of the Staten Island Program, or *** for all other programs.

·         If a volunteer has been arrested, he or she will be suspended from work at all project sites until further notice.”

 Not that I’m planning on getting myself tangled in a demonstrator scuffle or being arrested, but STILL!

*** Program and staff names protected for confidentiality

outerreflectsinner
Three Tuscaloosa Police officers tackled this female occupier, because, according to her, she left a road block due to feelings of intimidation.
outerreflectsinner:

Three Tuscaloosa Police officers, whose names I will post later,  decided to use excessive force against a 100 lb. 21 year old female because I ran five feet from them because I felt threatened, basically picked me up, threw me on the ground, my face hit the concrete, the three cops got  on top of me- one was holding my head to the pavement with his mag light, who had previously hit me in the leg with it three times, all the time this cop, this PIG, had me on the ground, he was calling me a ‘Fucking whore’ which he said at least three times. I was not able to resist at this point, even if I had wanted to. I was yelling to Lance to pay attention to what was happening to me and they didnt like that very much so then he sprayed a constant spray of pepper spray all over my entire face, including my mouth..I could still talk to Lance so then he sprayed a long spray a second time.. picked me up off the ground and put cuffs on me as tight as they would go, threw me in the car and buckled the seat belt so i couldn’t move and then shut all the doors and left me there, alone, in excruciating pain. It took everything for me to be able to breath, I was basically almost suffocating and honestly, that was the only time in my life where I thought I might die. when I got to jail I asked twice for first aid because I have a gash in my head that was still bleeding and open wounds on my face..but they never even got a nurse to look at it, clean it or put something on it. When I went to the Doctor, they told me the gash was bad enough to get stitches, but I should have gotten them within an hour of it happening.  these are the people who “protect and serve” you.

Three Tuscaloosa Police officers tackled this female occupier, because, according to her, she left a road block due to feelings of intimidation.

outerreflectsinner:

Three Tuscaloosa Police officers, whose names I will post later,  decided to use excessive force against a 100 lb. 21 year old female because I ran five feet from them because I felt threatened, basically picked me up, threw me on the ground, my face hit the concrete, the three cops got  on top of me- one was holding my head to the pavement with his mag light, who had previously hit me in the leg with it three times, all the time this cop, this PIG, had me on the ground, he was calling me a ‘Fucking whore’ which he said at least three times. I was not able to resist at this point, even if I had wanted to. I was yelling to Lance to pay attention to what was happening to me and they didnt like that very much so then he sprayed a constant spray of pepper spray all over my entire face, including my mouth..I could still talk to Lance so then he sprayed a long spray a second time.. picked me up off the ground and put cuffs on me as tight as they would go, threw me in the car and buckled the seat belt so i couldn’t move and then shut all the doors and left me there, alone, in excruciating pain. It took everything for me to be able to breath, I was basically almost suffocating and honestly, that was the only time in my life where I thought I might die. when I got to jail I asked twice for first aid because I have a gash in my head that was still bleeding and open wounds on my face..but they never even got a nurse to look at it, clean it or put something on it. When I went to the Doctor, they told me the gash was bad enough to get stitches, but I should have gotten them within an hour of it happening.  these are the people who “protect and serve” you.

gothboygirlhorror

gothboygirlgossip:

There have been all kinds of articles I’ve been getting from where I’m at. There’s been the more exciting ones that remind me of more anarcho protests in the past, such as videos from NYC and Santa Cruz CA (remember when my friends were arrested for “terrorism” later dismissed by the judge as “activity protected by the first ammendment”) this month’s videos are of customers being arrested with excessive force while trying to close bank accounts as protest. An overlap between anarchist ideology and the current protests is the slogan “Debt is slavery,” but there is a much wider intellectual policy base to the current action. There are plans for an OWS Convention in 2012. This Convention will take place in Philadelphia on July 4 - a location and date chosen deliberately. The convention will elect delegates from each congressional district, 435 women and 435 men. The 870 delegates would then compose a petition of grievances that would be non-partisan. The currently suggestions are: Number one and two are a ban on private contributions to politicians seeking or holding federal office and instead public financing for campaigns, and a constitutional amendment to reverse the Citizens United decision by the Supreme Court. The list then goes on to suggest single-payer national health care, immediate passage of the DREAM Act, a jobs plan, a deficit reduction plan and recalling military personnel at all non-essential bases. You can read that article here

Currently 37% of Americans support OWS, and 18% oppose the Occupy movement. This is in contrast to 28% who support the Tea Party, and 41% who oppose the Tea Party. Source NBC Wallstreet poll.

Someone once told me “Money has no inherent ethics” and that is still true. I wish you’d taken me to a credit union when I was 16, instead of a bank! Credit unions, which are not-for-profits that don’t answer to shareholders, typically offer fewer or lower fees.

I think a lot of what the OWS protests will claim as their grievances is summarized in this article:

“To our great shame, among the 20 major advanced countries America now has

  • the highest poverty rate, both generally and for children;
  • the greatest inequality of incomes;
  • the lowest government spending as a percentage of GDP on social programs for the disadvantaged;
  • the lowest number of paid holiday, annual, and maternity leaves;
  • the lowest score on the United Nations’ index of “material well-being of children”;
  • the worst score on the United Nations’ gender inequality index;
  • the lowest social mobility;
  • the highest public and private expenditure on health care as a portion of GDP,

yet accompanied by the highest

  • infant mortality rate;
  • prevalence of mental health problems;
  • obesity rate;
  • portion of people going without health care due to cost;
  • low-birth-weight children per capita (except for Japan);
  • consumption of antidepressants per capita;

along with the shortest life expectancy at birth (except for Denmark and Portugal);

  • the highest carbon dioxide emissions and water consumption per capita;
  • the lowest score on the World Economic Forum’s environmental performance index (except for Belgium), and the largest ecological footprint per capita (except for Belgium and Denmark);
  • the highest rate of failing to ratify international agreements;
  • the lowest spending on international development and humanitarian assistance as a percentage of GDP;
  • the highest military spending as a portion of GDP;
  • the largest international arms sales;
  • the most negative balance of payments (except New Zealand, Spain, and Portugal);
  • the lowest scores for student performance in math (except for Portugal and Italy) (and far from the top in both science and reading);
  • the highest high school dropout rate (except for Spain);
  • the highest homicide rate;
  • and the largest prison population per capita.”

Have you heard of Bank Transfer Day? It’s on Guy Fawkes day (I will assume you know who that is) Nov 5 and I myself will participate by dumping Wells Fargo. I’m not really into them for the following reasons: Wells Fargo was the only bank to not freeze 55,000 foreclosures when paperwork errors suggested that the foreclosures were flawed -source. There are reports that Wells Fargo predatory loans targeted black people and people already in poverty. In general, they engaged in predatory loans which damaged thousands of lives so a few people could live in opulence. Wells Fargo chief is the highest paid bank CEO and makes $30 million a year. Quote time!

“Could one man live in idle luxury by the sweat of another’s brow?” — Abraham Lincoln