WEBVTT - #198 Wrongful Conviction Podcasts PSA - What to Do When Stopped by the Police (Routine Foot Stop)

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<v Speaker 1>Hi.

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<v Speaker 2>I'm Robbia Jodry, attorney and co host of Undisclosed.

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<v Speaker 1>And I'm Jason Flamm, the host of Wrongful Conviction. With

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<v Speaker 1>Jason Flamm.

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<v Speaker 2>We want to talk to you today about your rights

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<v Speaker 2>and how they relate to interactions with the police.

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<v Speaker 1>So, Rabia, let's say you're walking along the street and

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<v Speaker 1>you're approached by police officers. What are some tips on

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<v Speaker 1>how to not allow this situation to escalate? How do

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<v Speaker 1>you defuse it?

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<v Speaker 2>Right now? So, look, if you've been stopped in public,

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<v Speaker 2>first of all, I always remember you have the right

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<v Speaker 2>to remain silent. You don't have to answer any questions

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<v Speaker 2>at all, state loudly. I have the right to remain silent,

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<v Speaker 2>and I'm exercising my right. I will not answer any questions. Now,

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<v Speaker 2>here's the thing. Twenty two states have stopped and Identify

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<v Speaker 2>statutes that require a person who's been stopped by an

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<v Speaker 2>officer to show some kind of ID. Some of those

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<v Speaker 2>states will require that an officer has to have a

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<v Speaker 2>reasonable suspicion that you're engaged or about to engage in

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<v Speaker 2>some illegal activity in order to demand that ID. But

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<v Speaker 2>you're going to have to look up your state by

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<v Speaker 2>searching for what states have stopped and identify statutes. It's

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<v Speaker 2>important to remember that you don't have to consent to

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<v Speaker 2>a search for your person or your belongings, and if

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<v Speaker 2>you don't consent, once again, clearly state I do not

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<v Speaker 2>consent to a search of my person or belongings. This

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<v Speaker 2>might not stop the search, but it could help you

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<v Speaker 2>legally down the road. If you have something right out

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<v Speaker 2>in the open, the police don't need search warrants for

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<v Speaker 2>items that are in plane view. So if you have

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<v Speaker 2>something you don't want the police to see, then we'll

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<v Speaker 2>keep those private items out of sight. And remember you

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<v Speaker 2>do not have to answer questions about your nationality or

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<v Speaker 2>your immigration status. If you are witnessing an attention and arrest,

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<v Speaker 2>an altercation, you're a bystander. Well, you can record the

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<v Speaker 2>police from a safe distance. That is your first amendment right,

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<v Speaker 2>but in some states you have to let the police

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<v Speaker 2>know that you're recording them. They might not confiscate your

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<v Speaker 2>phone or camera without a warrant, but if they try to,

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<v Speaker 2>just clearly tell them that you do not consent to

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<v Speaker 2>giving them your phone. But obviously if they try to

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<v Speaker 2>take it from you, don't resist. Now witnesses, and anybody

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<v Speaker 2>stops to write down all the possible information they can,

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<v Speaker 2>including officer names, badge numbers, the plates for patrol cars,

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<v Speaker 2>how many officers are present, what agency they're from, just

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<v Speaker 2>any kind of information you have, and finally, look if

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<v Speaker 2>you're being arrested, it's very very important do not resist arrest.

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<v Speaker 2>It does not end well.

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<v Speaker 1>Our goal is to help you stay safe during these

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<v Speaker 1>interactions and keep yourself out of jail and out of

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<v Speaker 1>harm's way. To learn more and get involved, listen to

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<v Speaker 1>Undisclosed and.

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<v Speaker 2>Listen to Wrongful Conviction podcasts.

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<v Speaker 1>These are your legal rights.

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<v Speaker 2>Know your rights, understand your rights, and most importantly, exercise

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<v Speaker 2>your rights,