Standing Rock Resources/Legal and Know Your Rights


 * This is not legal advice, just general advice.
 * Theoretical in most cases; use your judgement!
 * Remember these words: “I AM GOING TO REMAIN SILENT; I WOULD LIKE TO SPEAK TO MY LAWYER.”
 * Provocateurs, undercover agents, infiltrators are out there
 * make sure you're taking your direct action only with those that you have a high level of trust with
 * if you believe someone to be a cop, don’t openly call them out! Focus on the behavior and the facts; it’s damaging to the movement to start accusing each other

levels of police interaction:

 * casual conversation: you have no legal obligation to speak to an officer within a casual encounter
 * “Am I free to go or am I being detained?”
 * Detention: if the answer to the aforementioned question is ‘yes’
 * “I am going to remain silent; I would like to speak to my lawyer.”
 * use legal prophylactic: if the officers are going to utilize their power to conduct a pat search, say: “I do not consent to this search!” — it may not stop the officer from conducting the search, but it may help later down the line for information to be thrown out if you clearly did not give consent
 * Arrest:
 * remember that whatever you have with you (bags, etc.) will be fair game to be searched once arrested
 * keep saying the magic words: “I am going to remain silent; I would like to speak to my lawyer.”

arrests at Standing Rock:

 * be aware that you will be waiting/in transit/processed for a long time; Morton County capacity is not large, so you may end up being transported long distances to other counties; also be mindful of long wait times encouraging discussion between arrestees that will be listened to
 * people of color will have a much different experience as they are being targeted
 * immigrants will go through ICE process
 * you have to go back to North Dakota to litigate the charges; they have 48 hours
 * for immigrants/foreign nationals: keep a copy (but not original!) of your status
 * report civil rights violations!! step up and call the hotline!
 * be incredibly mindful when being held about speaking with comrades—the police are listening!
 * exercise your right to remain silent (or forgetful :) if asked for social security number
 * Best bail funds: Sacred Stone websites; Water Protector’s Facebook

Standing Rock jurisdiction:

 * Sacred Stone: private property on reservation land
 * Rose Bud: on reservation land
 * Oceti Sakowin: Army Corps of Engineers land

vehicular stop:

 * if you are pulled over, make sure you are as clean as possible!! (contraband,    prescriptions, weapons, or anything that could be construed as such)
 * only can search you if they are going to arrest you at the car
 * cannot search you if they don’t have reasonable suspicion

Roadblocks:

 * don’t lie to police—it’s a crime
 * make sure your cars are legal and regulation!!
 * Standing Rock specific:
 * people of color will be targeted
 * cars will be more targeted at night

Handouts and Useful Links

 * The Standing Rock Sioux Tribe’s Litigation on the Dakota Access Pipeline - FAQ from earthjustice.org
 * Sacred Stone Camp Legal Defense Fund
 * National Lawyer's Guild - find your local chapter
 * Flex Your Rights videos
 * [[Media:KYR-Activist-CLDC.pdf|Know Your Rights (PDF)]] - KYR presentation for activists by the Civil Liberties Defense Center