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
- 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
- Know Your Rights (PDF) - KYR presentation for activists by the Civil Liberties Defense Center