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Indybay Feature

UC Police: Don't Need A Reason

by Citch Melaya
Student protesters have been visited at their homes by UC police, including Detective Wade McAdams who is UC Berkeley's liaison to the Department of Homeland Security. The UC police fully admit that these visits have been taking place without reason and provocation. How long before the police start raiding Berkeley student dorms and co-ops without reason? The following is a transcription of a conversation with a UC Berkeley student protester and two members of the UC Berkeley Police Department outside of a student meeting on campus. (There are two short cuts in the tape to remove names and voices of individuals present at the scene.)
Copy the code below to embed this movie into a web page:
STUDENT: It's basically... they are making hard for any individual to actually...

OFFICER ARANAS: (To camera)(Interjecting) Can we talk over here?!

UNKNOWN OFFICER: (Grabs camera, waving it around as if it is a gun)

STUDENT: Yeah, I know you have your camera.

OFFICER ARANAS: Your buddy is over... uh... scrutinizing things. We're trying to have a conversation. We're having a conversation with this gentleman who happens to be a good friend of ours.

UNKNOWN OFFICER: Having a conversation...

OFFICER ARANAS: So we would appreciate it.

STUDENT: So beyond the individual... like... who you are as an individual in that respect...

UNKNOWN OFFICER: (Still holding camera) We're done. We're done.

STUDENT: What?

UNKNOWN OFFICER: If we're not having an honest...

STUDENT: We're talking. I don't care about their camera or your camera. I knew you had a camera on you the whole time.

OFFICER ARANAS: (Getting more agitated) Be considerate. We are having a conversation here. Can we have a conversation with this gentleman?

UNKNOWN OFFICER; Yeah, that's ridiculous.

STUDENT: (To Unknown Officer) Here's another thing... your camera, I have no idea when you turn it on or off, because there's no indication.

UNKNOWN OFFICER: (Slyly) I'll let you know...

STUDENT: I know, it's just that [Officer] Ruffin told me once that if a police officer feels that there is a call for...

OFFICER ARANAS: Are we investigating anything? Or are we just talking about...

STUDENT: Well, I've been harassed twice.

OFFICER ARANAS: (Tries to grab camera)(Laughs)(Fails to grab camera)

STUDENT: (Continuing after brief disruption) So you are aware that the UC PD has now twice... one last night (something)... was violating the rights of freedom of assembly... beyind that they came to my home this morning to harass me.

OFFICER ARANAS: Who did?

STUDENT: THE UC PD.

OFFICER ARANAS: Harassment is a subjective term.

UNKNOWN OFFICER: Which?

STUDENT: A detective.

OFFICER ARANAS: What action... what action did they do? I could say [the camera] is harassing me.

STUDENT: The fact that I had detectives coming to my home... to intimidate me on top of the intimidation from last night.

OFFICER ARANAS: What did they do that you didn't consent to?

STUDENT: They don't have a reason to come to me and talk to me when I haven't broken any...

OFFICER ARANAS: We don't need a reason. We don't need a reason.

STUDENT: Haven't broken any law...

OFFICER ARANAS: We don't need a reason.
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Comments (Hide Comments)
by reclaim uc
... but the unidentified cop in the video looks a little bit like officer hans "the fucking cavalry is coming" williams (badge #72).
by STAY AWAY FROM PORK!!
So, here are these cops trying to play Officer Friendly.

IT'S TRULY SAD, WHAT'S GOING ON IN THAT VIDEO, because the PIGS are trying to play that guy in the video.

(And besides, the PIGS know what they've been doing to him -- then and before -- but the PIGS are acting like they _don't_ know.)

The moment the cops ask you, all buddy-buddylike, if they can talk to you, the first thing you should bluntly and loudly say -- so that other witnesses can hear you -- is, "I'VE GOT NOTHING TO TALK TO YOU ABOUT" -- and keep walking without even stopping if you are already walking. Otherwise, walk away from them to indicate that you do not wish to be in their 'company'. If they try to pursue conversation -- using "Officer Friendly" style tactics -- then LOUDLY say again -- so withnesses can hear -- "I'VE GOT NOTHING TO TALK TO YOU ABOUT".

If the PIGS try to physically cut you off, say, again loudly, "AM I BEING DETAINED?" If the PIGS say no -- although, the PIGS will probably just try to cajole you with, "We just want to talk to you" (then LOUDLY ask again, "AM I BEING DETAINED") -- then just LOUDLY say again, "I'VE GOT NOTHING TO TALK TO YOU ABOUT", and just walk away.

Especially if you are a progressive political activist, or a minority, the PIGS are only approaching you to get something on you or some other progressive political activist. I.e, the PIGS -- although they may try to act all like 'Officer Friendsly' -- have a legally adversarial relationship -- and goal -- from the minute they approach you and from whatever you say: i.e., they are looking for something to use again you or one of your fellow activists. And if you ever end up getting arrested -- by, after all, one of the PIGS -- and getting arraigned in court, you'll find out just how 'friendly' the PIGS are.

If you are NOT being detained YOU DON'T HAVE TO TELL THE PIGS ANYTHING!

If you -- after you ask them LOUDLY and if they say so -- are being detained, as them LOUDLY on what basis -- and then repeat what basis they tell you LOUDLY so any witnesses can hear. The PIGS may or may not tell you why. But if you are being detained, the only information you HAVE to give them is your name [and, if you are driving, you license, registration, insurance proof], if they ask (which they probably will).

What information you give them after that, should be VERY JUDICIOUS and VERY GENERAL, depending on the situation: if you're a student, you might want to say so (although, if you're a student activist, the PIGS will already know you're a student, because the PIGS already will have been spying on you); if you live in the neighborhood, you might want to say so (but you are under no obligation to give them your specific address); if you are going to class, or to an event/meeting if you are not a student, you may want to say so (but you don't have). That general information can establish and reinforce your right to be where you are.

BUT WHATEVER VERY CAREFUL AND JUDICIOUS INFORMATION YOU GIVE THE _PIGS_, YOU SHOULD KNOW, OR HAVE A GOOD FEEL FOR, HOW IT CAN BE USED IN YOUR LEGAL FAVOR -- OR DISFAVOR.

You just, perhaps, in the most GENERAL, judicious way, MAY want to tell the PIGS where you are going in the most GENERAL way (you don't have to give the PIGS an address or anything), but YOU DON'T HAVE TO TELL THEM WHERE YOU HAVE BEEN. (The PIGS may actually try to use your telling them where you have been against you in some manufactured way to arrest you -- the PIGS may then try to detain/arrest you saying, "Oh, there was just a robbery in that area and you, your passenger/s, and your clothing/car 'fits the description'" -- unless you want to say, "I've come from my dorm/apartment/class")!

If you are not being detained, the PIGS do NOT have a right to search you or even to 'pat you down'. If you are being "detained" the PIGS, at best, can only LIGHLY pat down the OUTSIDE of your clothing. The PIGS do NOT have a right to go inside you pockets or clothing -- or to even grab or bunch up your clothing in their hands -- unless you are being arrested.
The PIGS, when you are merely being "detained", will often start to search you without your permission or verbal objection: IF you do not verbally object and LOUDLY -- again for any witnesses -- say "I DO NOT CONSENT TO A SEARCH", that lack of verbal objection itself will be taken and used as legal CONSENT -- and will stand up in court! So, if a PIG says, "You don't mind if I search you", before, or even AS, they start searching you, if you are _not_ or _are_ being "detained", abruptly and LOUDLY say, "I DO NOT CONSENT TO A SEARCH!"

EVERY PROGRESSIVE POLITICAL ACTIVIST -- STUDENT OR NONSTUDENT -- SHOULD HAVE TAKEN A KNOW-YOUR-LEGAL-RIGHTS CLASS/COURSE -- TO LESSEN, OR HOPEFULLY EVEN ELIMINATE -- THE CHANCE THAT THE _PIGS_ WILL FUCK WITH YOU, LIKE THEY ARE DOING TO THE FELLOW IN THE VIDEO.

FOR EXAMPLE, IF THE PIGS GO TO YOUR HOME -- ON SOME FISHING EXPEDITION -- WITHOUT A SEARCH/ARREST WARRANT, YOU DON'T EVEN HAVE TO LET THEM IN -- AND IT'S WISE TO NOT EVEN LET THEM SEE IN.

JUST SAY, AFTER ASKING THE _PIGS_ IF THEY HAVE A WARRANT (AND IF THE _PIGS_ DON'T), "THEN I'VE GOT NOTHING TO SAY TO YOU": ...MAKE THE PIGS MAKE THE TRIP FOR NOTHING! -- AND LET THEM KNOW THAT YOU'RE NO FOOL AND THAT YOU KNOW YOUR LEGAL RIGHTS.

THE MORE THE _PIGS_ TRY TO ABUSE YOUR LEGAL RIGHTS -- AND IF YOU LET THEM -- THE *MORE* THE _PIGS_ WILL PUSH.

WHEN THE _PIGS_ KNOW THAT YOU KNOW AT LEAST YOUR BASIC LEGAL RIGHTS -- AND THAT YOU CAN ARTICULATE THEM -- THE *LESS* THE _PIGS_ WILL TRY TO FUCK WITH YOU OR VIOLATE YOUR LEGAL RIGHTS.

CHECK OUT YOUR LOCAL BERKELEY / OTHER COPWATCH FOR WORKSHOPS OR GUEST LECTURES / SEMINARS ON YOUR RIGHTS.

Otherwise, STAY AWAY FROM PORK!

For more information, see:

"Why Fearing the Police Is Not Irrational"
http://www.prisonplanet.com/why-fearing-the-police-is-not-irrational.html

-
by STAY AWAY FROM PORK!
-

Of course, the PIGS might just go ahead and -- with force -- violate your rights anyway -- don't physically fight them -- but just later take that up with your legal representation and in court: you'll be on much better legal ground if you have asserted your rights in the first place, than if you didn't.

If you are a student, you should file an official typwritten complaint (keep copies of everything you submit and a date diary of everything you do and every agreement you make, and every official deadline THEY have to respond, and make it obvious that you're doing this) with the appropriate vice-chancellor's office: that's where I'd go first! I mean, why go to the very police department that has sent out the PIGS to _violate_ your rights?

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by STAY AWAY FROM PORK!
-

If you are being approached by the PIGS, carefully take out your cell phone in a very nonthreatening and obvious way: say LOUDLY, "I am taking out my cell phone to call an earwitness!" -- unless the PIG/S order you not to (say, because they think your an armed robber) -- and call a friend / attorney, so someone can be on the line to hear what's going on.

Or, especially, if you are stopped in your car, have your cell phone out on the dashboard (better yet, put it on Bluetooth, otherwise the PIGS may take the cell phone from your hand even if they are just "detaining" you) and someone on the line to hear what's going on before the cop gets up to your car.

I usually make it damn obvious that I have called someone who's listening in and I tell that person everything that's going on.

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by David Roknich
first of all, Harrassment is NOT subjective. You have a lawyer, it is impossible for the pigs to abrogate your rights, and costly for their handlers if they dare try.

2 cell phones are a good idea. You may not want to carry your "main" one with you.
They have ways of fucking with them. Any wise skinhead, or cop wanna-be can pwn your phone with a $600 "forensic" device, and it IS done, frequently, esp. at political rallies - even at straight political rallies.

Some mp3 players have built in mics - the best are the ones w. micro SD sockets - you can change the chip, like a simm in a european phone. Learn the menu on the device - use it to record the event. It's just an mp3 player, and it's YOUR PROPERTY. Also, the micro chip is easy to slide out, if need be -;)

The UC police have been trained as lawbreaking skullcrackers since the earliest days of student protest.
How the California populace tolerates them is beyiond me - unless it is a fact indeed that the liberal majority ultimately does NOT have any say about how things are done in Kalifornia.

Isn't it long past due for a ballot initiative carefully crafted to put an end to their rule?
by David Roknich
I've met like minded individuals at UCSC. Also at a community college in Oregon.
These are simply things that do not belong on campus.

As for "Homeland Sekurity" that is a completely phoney criminal enterprise. FEMA was bad already becoming corrupt and incomptent. Time to END the DHS. They never were needed before, and now they are the vanguard of fascism in this country.
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