Standing Rock Resources/Legal and Know Your Rights

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  • 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

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