Posted on CyberGuerrilla.org.

By Anonymous | February 1, 2012 - 22:29 | Posted in CyberGuerrilla | 80 Comments

An Anonymous plea to BlackBloc

Sometimes the most vicious thing you can do to the OPD is to not use violence, give them enough rope to hang themselves.

Remember, if they attack us, it only helps us, unless we attack them, then all people see of us is violence, our message is crushed.

Not all strategies are equal, and it’s not enough to just look at how justified you think it is, there are also overarching consequences which should not be ignored.

Throwing bottles at officers only makes their show of excessive force look justified and damages the footage, they’re well protected by riot gear you aren’t hurting them, but doing that does hurt the protesters next to you.

Smashing windows is meaningless, it costs nothing for millionaires to replace a broken window then it’s business as usual, meanwhile if you break the window of a coffee shop, you are making those who share in your cause look like terrorist and street thugs, no matter how it makes you feel or how justified you think it is the tactic is not only ineffective and pointless, it’s harmful.

Before these tactics were used in Oakland, Occupy protesters enjoyed broad support among small business owners who were providing food, shelter, and goods free of charge to support the movement, then people using Black Bloc tactics started intimidating small store owners, and attacked a Whole Food store which did nothing to hurt the store owners, and devastated Occupy Oakland. People had to sleep out in the cold and endure the rain and constant night raids as a result of these tactics.

And it is no coincidence that Oakland is on the map, but Black Bloc didn’t put it there, police brutality and a backlash to it did. Black Bloc tactics is harming the backlash, when we try to edit footage and see bottles and rocks being thrown at police do you have any idea what that does to the footage? It constrains the backlash by making the police look provoked, even when we all know they were the ones doing the provoking.

As another pointed out, quote

‘Black Bloc doesn’t get that OPD is TRYING to Provoke Violence so their payed for Main Stream Media can scare people and turn public opinion against Occupy.’

Black Bloc tactics are having this effect, we implore those sympathetic to them to consider the consequences of each direct action, think far beyond the action itself, think of how it will look, think about the effects it can have on recruitment, think about what it can do to the message, imagine the worst case scenario because there are those who will exploit it. The State wants violence, because the state is adept at exploiting violence, there are much crueler ways to resist.

From Witness.org.

We have seen some great videos coming out from the Occupy movement around the country – from documenting mass actions to capturing police misconduct and abuse. Many courageous filmmakers, first timers and experienced professionals, are using best practices to record what is happening, and it is paying off. See this most recent example of video being used to help hold a Dallas officer accountable for shoving a protester off a ledge:

However, with the new sea of Occupy video footage (check my colleague Tanya O’Carroll’s recent post), it is more important than ever to film and share with intention – and of course film safely and effectively. This is not only to help record what is happening, but to help ensure that the video you record may be optimally used for advocacy, raising awareness and potentially supporting legal cases.

Here are our top 10 tips, which we invite folks to add and enhance below in the comments. It is a starter list, and made to be adapted over time. So, what have you learned while filming OWS events, or any demonstration or event? What do you wish someone told you when you started filming and sharing social change video?

Please add to this list, and share this post with your video4change allies – particularly those who continue to document OWS around the country and the world. Remember: We have the legal right to film police in the state of New York – what about in your state?

1. PREPARE: Know your equipment. Turn off features to maximize battery life (e.g. wifi search on phones). Have charged and extra batteries, use empty memory cards and bring back-ups. Use a camera strap or tie your camera to your wrist. Where possible, turn-on correct date, time and location capturing features. Write the National Lawyer’s Guild’s phone number (or other legal support team) on your forearm and save in case you need legal support. (In NYC: 212.679.6018) If arrests occur, call in location, time and name of anyone arrested.
2. FILM WITH INTENTION: Hold your shot steady (minimum 10 seconds), pan VERY slowly, avoid jerky movements and zooming – move closer when possible. Get multiple angles – wide, medium and close-up. Film for those who aren’t there – what do they need to see to understand what’s going on? If violence or abuse occurs – KEEP RECORDING.
3. ALWAYS CAPTURE: Date, time and location (intersections, street signs, landmarks.) Get various angles when documenting the size/behavior of the crowd, number and formation of police and any weapons they are holding or using. Record any police orders or permissions given and the time and officer’s name and badge number. Record when police are creating or moving barricades or orange nets. Record any police filming protests or protesters.
4. CAPTURE DETAILS – INCIDENTS: If there is an arrest or violence, attempt to capture the entire incident, including: time, location, number and identities of involved individuals, and broader crowd or police presence/behavior. Film or say names of officers, badge numbers or helmet number into the camera. Work to get faces of those affected on film. Be agile: Film from above if possible, or low through officers’ legs to capture what’s happening. Consider verbally adding noteworthy facts of what was happening before you started filming to give context while you film.
5. WORK AS A TEAM: If filming, have a partner to watch your back, help keep you safe and alert you of other potential shots you should capture. If more than one of you is filming, try to get separate angles of the same incident – ideally keep each other in view. If you are at risk of arrest and want to keep filming, consider giving media card to friend for safe keeping and replace with empty card and KEEP RECORDING.

SHARING AND UPLOADING YOUR FOOTAGE FOR IMPACT

Regardless if you are uploading unedited or edited footage, it is essential to provide the following information so your footage can be found and coordinated with other footage. There are hundreds of videos on OWS, but some lack this essential, useful information. Before uploading, do a search for related videos and news like yours to help select useful title and tags – always tag your videos! Select a Creative Commons license when uploading so others can remix your video for advocacy purposes, and so it can be collected and archived by others. Follow these tips.

1. TITLE WITH INTENTION: Keep titles brief and descriptive. Add date, location and time. Use words you or one would use to find your video. E.g. Occupy, New York City, Protest
2. DESCRIBE YOUR VIDEO: Always include date, location and details of what happened BEFORE, DURING and AFTER recording. Consider starting with a URL for viewers to find more info, e.g. http://www.occupywallst.org – November 12, 2011 | Brooklyn, NY |  then video description.
3. TAG YOUR VIDEO: Always add these tags -> date, time, city, specific location, occupy wall street, occupy, ows. Use common tags found in your search: ‘police brutality’ ‘arrest’ ‘pepper spray’
4. SAFETY or SECURITY CONCERNS? If you think faces need to be blurred or feel the video may harm someone’s case or dignity, think twice before uploading. Contact the volunteer legal team for advice.
5. SAVE AND NAME YOUR VIDEO: Do not rely on YouTube or other sites to save and preserve your footage – it may be taken down and valuable technical information is lost in the upload. Save original footage to your computer and back up to an external hard drive. Name files and organize so they are easy to find – add date, location and tags.

Please check out WITNESS’ filmmaking tips and guides, and add your favorite resources – and ideas on how to enhance this list – below. Also, I’m looking forward to compiling the best practices for livestreaming video – if you have some tips, email me [chris @ witness.org] or share via Twitter at @WITNESSchris.

Also from the no-longer-active Midnight Special Law Collective.

How to document your injuries for lawsuits and the media

Why document injuries?

Cops beat people up all the time. They get away with it for a lot of reasons. For one thing, the system allows the police a lot of legal leeway to attack people, and the people they attack are usually the people most oppressed by this society - people of color, poor people, etc. So even if the police do overstep their boundaries, most victims don’t have the resources to seek “justice” in the legal system. If they do, it can be a hard fight to win: most people who end up on juries believe what the police say, and the police are good liars.

Though having pictures or video of your injuries won’t guarantee that you’ll win your case against the police, it drastically improves your chances. It’s harder for a cop to prove he used the “minimum force necessary to subdue the perpetrator” if the “perpetrator” has photos of giant bruises on her neck and cut marks on her wrists from where her handcuffs were on too tight. Also, reports from a doctor at a free clinic can create a record of the injuries that don’t show up on film: torn muscles, concussions, etc.

Documenting your injuries simply means that you get written and visual proof of them so that even after they’ve healed, you have proof that they existed. If you are thinking of suing the police or filing a complaint, evidence of brutality will help you build a stronger case. Here are a few tips to make documenting easier.

How to photograph injuries

Even the marks of severe injuries can disappear quickly. Without good photos, you might lose those injuries as evidence of police brutality. Generally, the darker your skin is the less your injuries will show up on film, and the more important it is to follow these guidelines.

• The better your camera and film is, the better your pictures will turn out. A regular 35mm camera is better than a disposable one, but if that’s all you have, don’t wait to get a 35mm before you start taking pictures.
• The first picture should be of your whole body. After that, the photographer should get close to the injury, taking pictures as they’re getting closer to it. This proves that you’re the injured person in the pictures, and you don’t just have close-up pictures of someone else’s bruised arms.
• Take pictures as close as possible to the injury to show the most detail. Be aware of the limitations of your camera - it’ll get fuzzy the closer you get, especially if it’s a disposable camera. The label on your disposable camera should tell you how close you can take pictures with it. For regular cameras, the best distance varies with your equipment, but three feet is a safe distance.
• If it’s a small injury, it’s even more important to get a good photograph of it. Try taking pictures of it from different angles, with different light (direct sunlight, indirect lighting, etc.).
• Be careful not to use a flash when taking a close-in picture. Flashes, bright light and spotlights right on the injury tend to reflect off the skin.
• If it’s a big injury, put a ruler next to it in one of the pictures to show how big it is (but make sure you take some pictures without the ruler, to show you aren’t hiding anything). If you don’t have a ruler, use something with a standard size, like a dollar bill.
• Don’t rely on any one picture to show your injury. You should take at least six pictures of any one injury.
• Right after the incident, take a full roll of pictures of all your injuries.
• Keep taking pictures every day or every other day to show how they change. For example, bruises can take a few days to fully darken.
• Keep taking at least six pictures of each injury.
• Keep a diary of who took the pictures and when you took them, so you know that photo #22 is from the sixth day after you were attacked and your mom took the picture.
• You should have a blank wall behind you in the pictures - no clutter or personal items in the background.
• Don’t smile or frown in your pictures. Try to have a neutral expression. Also, don’t flex your muscles or pose more than you have to to show your injury.
• Do the same for every injury you have.

Talking to doctors to document injuries

• The good news is that doctor’s testimony is given a lot of weight by the courts and by the press, and having a doctor’s report on your injuries, especially ones you can’t see, can really help your case.
• Go to a doctor you can trust as soon as possible. If you can’t afford to pay for one, local organizers can often point you to clinics where you can get good treatment for free.
• A lot of injuries disappear quickly and are hard to see - like the marks handcuffs leave when they’re put on too tight. When you go to a hospital (and if you feel safe), tell every nurse, technician, and doctor who looks at you about each of your injuries (including less severe ones) and how you got them.
• It’s important, especially in a free clinic, not to let doctors or medics rush you so that you can’t tell them about each of your injuries and how you got them. Ask them to write down your injuries in detail, especially injuries you can’t take pictures of, like sprains, strains, and things like broken noses or ribs.
• Doctors see injuries all the time, and might not remember yours if they don’t document them on the spot.
• If the doctor recommends follow up treatment or appointments, it’s important to go. This will give you more credibility and let the doctors keep documenting your injuries.
• Hold onto any forms you get from anyone at the hospital/clinic.

Warning

It can be risky going to a hospital right after you’re injured by the police. Especially during mass protests, emergency room workers often call the police if activist-looking people come in for help. More than one activist has ended up in jail after going to the hospital to have an injury looked at. This happens to poor people all the time.

However, there are steps you can take to keep yourself safe: go to a doctor you have a relationship with, go to a hospital or free clinic across town (or in a different town) from the protest, and be dressed up “nice.” Of course, if it’s a potentially life-threatening injury, consider taking the risk of going to the closest hospital. If you’ve already been cited and released or gone to jail and been released, you don’t risk as much by going to a hospital and telling them exactly what happened to you.

Other evidence

Keep a diary of all of your injuries. Lots of the effects of injuries don’t show up for days or weeks after, so keep a detailed log. Write down how your injuries feel, any new aches or pains, and any new problems you are having since the attack, and how you are feeling. Also include if you have missed any days of work because of these injuries.

Keep evidence! For example, if you have bloody clothes, put them in a garbage bag and hold onto them in a freezer. Same goes for rubber bullets or tear gas canisters. Also hold onto all paperwork you get from the cops or the court (e.g. arrest report, property receipts, booking photos, etc.).

Photographing the scene of the incident

A lot of the same rules for photographing apply when taking pictures of the scene of the incident with the police. Start by taking a panoramic photo of the surrounding area then zoom in with photos getting closer and closer to where the incident happened. Make sure street signs, building numbers, and/or landmarks make it into the picture to establish where it is, if possible.

If there’s crucial evidence, like bloodstains on a wall, take photos of it from different angles, with different light, from different distances. This will help your chances of having at least one that shows what it actually looks like.

Finally, try to sketch a birds-eye view of what the scene looks like; this will help other people understand what happened, and help you keep your own story straight

From the no-longer-active Midnight Special Law Collective.

Legal observers watch and record the actions of all law enforcement officers. (We use the terms “police” and “cops,” but this info is true for all law enforcement officers of all jurisdictions.) The presence of legal observers helps keep people safe by discouraging police attacks. The information you collect can also be useful in criminal defense of protesters or in suing police or other government agencies. This guide is geared for legal observing at demonstrations, but it is also important to watch police outside of protest situations. Whenever you see police making an arrest or acting inappropriately, stop and take notes.

The cops are at demonstrations to observe and deter actions of the protesters. As a legal observer, you are there to observe and deter the cops. Even though protesters are usually more interesting to watch, make sure you’re paying attention to the cops at all times. Also, be careful to represent yourself to the police and media as an observer, not as a spokesperson for other activists.

Work in pairs to corroborate each other’s testimony and to keep each other safe. If one person is using a still camera or video camera, their partner should be taking written notes. And since people using cameras often get “tunnel vision,” their partner should be keeping an eye out for danger or activity.

Preparation

Knowing what type of demonstration you will be observing (mass permitted rally, small direct action, etc.) will help you prepare yourself appropriately. If you’re unfamiliar with the area where you’ll be observing, spend some time learning key street names and landmarks as well as orienting yourself by compass directions. Also, make sure you have any phone numbers you’ll need handy: the National Lawyer’s Guild, organizers of the protest, Legal Observer Coordinator, legal team, legal support person, medical team, etc.

Practice

Television culture makes people very passive observers. To hone your active observation skills, practice by taking notes or making a running commentary of everyday events. You can improve your ability to estimate distances by marking off increments on the sidewalk and memorizing them, or by estimating distances and checking with a tape measure.

Equipment

• Notebook(s)
• Pens (waterproof ink — it could rain water or pepper spray)
• Watch
• Legal Observer Hat/T-shirt/Armband
• Extra water
• Optional
  • Tape recorder (& extra battery & extra tapes)
  • Still camera (& extra film)
  • Video camera (see the attached Video Observing guide)
  • Cell phone, radio, or pager

At large demonstrations, it’s good to have a cell phone, radio, or pager so you can quickly communicate when someone gets arrested, to verify/debunk rumors, etc. If you don’t have one, try to team up with someone who does. If there is a Legal Observer coordinator, make sure they have your number.

In some states, you must give people notice that you are recording them with video cameras, tape recorders, etc. However, you don’t have to announce it — having the device in plain view is notice enough. Be careful: Having a tape recorder and especially a video camera makes you a cop magnet.

In order to keep your notes, tapes, and film safe from the elements and from overzealous cops, you can periodically mail them to yourself or to the legal team, or have a runner who can take sensitive footage (or your whole camera) and run away with it.

Taking Notes

It sounds easy, but taking real-time notes when events are unfolding quickly is a skill that takes some practice. The information you collect could mean the difference between conviction and dropped charges for activists (and cops). The easiest way to make your notes useful for the legal team is to transfer them to a police misconduct report or copy them in an organized, legible format. Do this as soon as possible after the action, before your memory fades.

Number and date each page you take notes on and write “Attorney Work Product — Privileged and Confidential” on top of each sheet. Do this before the demonstration. By each entry, write the exact time. If you are taking pictures, write the roll number and shot number by the entry to give it context.

Some things to note:

• Name, rank, badge number, agency, and description of each officer present, and of the commanding officer (note if officers refuse to give this information)
• Name or nickname of arrestees and victim(s) of misconduct
• Names and contact information of any witnesses, including media (corporate or independent)
• Any force used by cops — pushing, shoving, blocking protestors with their bodies, grabbing arms, tripping, striking people, etc.
• Detailed description of arrests and anything the cops do that seems messed up
• Which weapons police used and how (e.g. Protesters drenched with pepper spray, tear gas canisters fired directly at someone, horses used to run into people, etc.)
• Police equipment and weapons (body armor, shields, pepper spray, tasers, etc.)
• License plate and ID # of official vehicles, or private cars moving through the demonstration
• Police actions and demeanor (e.g. marching around rhythmically thumping their leg armor with their batons, putting on or taking off gas masks etc.)
• Any inappropriate language, including swear words, identity-based insults (racist/sexist/homophobic, etc.), and rude language (“You idiots,” “Moron,” etc.)
• Not warning people to disperse before arresting them, refusing to let them disperse, etc.
• Warnings not audible and/or intelligible
• Exact date, time and location — update this throughout the demonstration
• Include street names, address #s, landmarks, what side of the street you’re on, etc.
• Statements made by police and other officials
• If bystanders are taking leaflets, talking with protesters, and other 1st Amendment activities
• If the cops are blocking traffic — with their vehicles, hand motions, etc.

Video Observing

Video of police misconduct has been crucial to winning cases against the cops. Video can show a whole scene from beginning to end. It’s a lot harder for the police to make excuses for footage of sustained aggression and violence than it is for them to excuse a single photo. And the media loves video of police brutality. Here are some tips to help you make the most of videotaping the cops.

Battery Care:

Charge your battery before the action and bring a fully charged spare. When you take the battery out of your camera, it may disrupt the date and time stamp, so you may have to reset that information. Remove the battery when storing the camera to prolong battery life.

Date/Time Stamping:

Setting your camera clock is extremely importanti. If other people haven’t set their camera clocks properly (very likely!), your tape may provide the timeline to which all other tapes of an incident can be synchronized. Make sure your camera’s date/time stamp is set accurately before you go to the action. Setting the clock to your cell phone is a good idea.

If you’re using mini-DV tapes, you don’t have to make it visible in the video, because it’s embedded in the tape. Making the time stamp visible makes it potentially easier to use as evidence later on in court; making it invisible will prevent the time stamp from visually covering up something you want to video. If you’re using a camera without date/time stamping, narrate the information at the beginning and end of each segment: “It’s now 9:30am on September 3, 2007…”

Lead Time:

The tape at the very beginning and end of your cassette will have more imperfections and sound/color irregularities. Allow one minute to run at the beginning of a new tape before you start recording. If you’re near the end of your tape and like what you’re recording, insert a new tape.

Frame and Establish:

Before (or after) shooting each event, pan in (or out) from street signs, building addresses or other landmarks to prove your location. Shoot long (10 or more seconds) shots for important scenes. Also consider shooting from better vantage points, like a second-story window. It helps if you’ve scouted out the location beforehand.

Audio:

Even without a good shot, the audio portion of your video tape may provide evidence needed to win a case. Don’t stop recording just because you can’t see well, or cops tell you to stop pointing the camera at them.

Focus:

If a drop of water gets on the lens, the camera may focus on that drop instead of on the action. Carry lens paper and clean your lens frequently. With experience, practice using manual focusing. That way, if someone walks in front of the lens for a second, the camera will stay focused on the action.

Content:

Remember that the State will be able to use all the footage on your video tape in court. So if you’re recording police misconduct, replace your tape when you’re finished filming the scene. If possible, NEVER film protesters doing things that seem illegal or dangerous; if footage of police brutality is on the same tape as protesters doing something that could be considered aggressive, the cops can claim they were using reasonable force. Besides, the police will already be videotaping anything they think is suspect. Also, announce to activists you’re recording and ask if it’s okay. Don’t take it personally if people are suspicious or seem hostile.

Labeling:

Label your tape cassettes or film cartridges before you go out. Include your name, date, time and location. Number tapes consecutively. Make a few labels in case you record multiple tapes.

Keeping Footage Safe at the Action:

People with video cameras are often targeted by cops for arrest or abuse — cops often want to destroy your footage. Try to video observe with a partner who does not have a camera — that way your partner can look out for you and spot things for you to record. If you’re going to be in high-risk situations, you may want to bring self-addressed, stamped, padded envelopes with you so that you can drop completed tapes in the mail to yourself (or the legal team).

Storage:

Digital video tape is like tiny flakes of rust glued to a spool of saran wrap. It’s very fragile. Store all tapes in a cool, dry place. Heat and humidity are especially bad for video tapes, so keep them out of car trunks or damp basements. Never re-use old tapes for video observing; bits of old footage on your tape could make your recording worthless in court.

Lawyers:

For various legal reasons, lawyers may not want to watch your tapes right away. Hold on to them. It’s not uncommon for lawyers to ask for evidence months or even years later. Even if it doesn’t seem important, keep your tapes for at least three years after the action.

Much of this info came from Eileen Clancy at I-Witness Video (iwitnessvideo.info) and Whispered Media (whisperedmedia.org)

From the no-longer-active Midnight Special Law Collective.

In General

When dealing with the police, keep your hands in view and don’t make sudden movements. Avoid passing behind them. Nervous cops are dangerous cops. Also, never touch the police or their equipment (vehicles, flashlights, animals, etc.) - you can get beat up and charged with assault.

The police do not decide your charges; they can only make recommendations. The prosecutor is the only person who can actually charge you. Remember this the next time the cops start rattling off all the charges they’re supposedly “going to give you.”

Questioning

Interrogation isn’t always bright lights and rubber hoses - usually it’s just a conversation. Whenever the cops ask you anything besides your name and address, it’s legally safest to say these Magic Words: “I am going to remain silent. I want to see a lawyer.”

This invokes the rights which protect you from interrogation. When you say this, the cops (and all other law enforcement officials) are legally required to stop asking you questions. They probably won’t stop, so just repeat the Magic Words or remain silent until they catch on.

Remember, anything you say to the authorities can and will be used against you and your friends in court. There’s no way to predict what information the police might try to use or how they’d use it. Plus, the police often misquote or lie altogether about what was said. So say only the Magic Words and let all the cops and witnesses know that this is your policy. Make sure that when you’re arrested with other people, the rest of the group knows the Magic Words and promises to use them.

One of the jobs of cops is to get information out of people, and they usually don’t have any scruples about how they do it. Cops are legally allowed to lie when they’re investigating, and they are trained to be manipulative. The only thing you should say to cops, other than identifying yourself, is the Magic Words: “I am going to remain silent. I want to see a lawyer.”

Here are some lies they will tell you:

• “You’re not a suspect - just help us understand what happened here and then you can go.”
• “If you don’t answer my questions, I’ll have no choice but to arrest you. Do you want to go to jail?”
• “If you don’t answer my questions, I’m going to charge you with resisting arrest.”
• “All of your friends have cooperated and we let them go home. You’re the only one left.”

Cops are sneaky and there are lots of ways they can trick you into talking. Here are some scams they’ll pull:

• Good Cop/ Bad Cop: Bad cop is aggressive and menacing, while good cop is nice, friendly, and familiar (usually good cop is the same race and gender as you). The idea is bad cop scares you so bad you are desperately looking for a friend. Good cop is that friend.
• The cops will tell you that your friends ratted on you so that you will snitch on them. Meanwhile, they tell your friends the same thing. If anyone breaks and talks, you all go down.
• The cops will tell you that they have all the evidence they need to convict you and that if you “take responsibility” and confess the judge will be impressed by your honesty and go easy on you. What they really mean is: “we don’t have enough evidence yet, please confess.”

Jail is a very isolating and intimidating place. It is really easy to believe what the cops tell you. Insist upon speaking with a lawyer before you answer any questions or sign anything.

The Golden Rule: Never trust a cop.

The Miranda Warnings

The police do not have to read you your rights (also known as the Miranda warnings). Miranda applies when there is (a) an interrogation (b) by a police officer of other agent of law enforcement (c) while the suspect is in police custody (you do not have to be formally arrested to be “in custody”). Even when all these conditions are met, the police intentionally violate Miranda. And though your rights have been violated, what you say can be used against you. For this reason, it is better not to wait for the cops – you know what your rights are, so you can invoke them by saying the Magic Words, “I am going to remain silent. I want to see a lawyer.”

If you’ve been arrested and realize that you have started answering questions, don’t panic. Just re-invoke your rights by saying the Magic Words again. Don’t let them trick you into thinking that because you answered some of their questions, you have to answer all of them.

Police Encounters

There are three basic types of encounters with the police: Conversation, Detention, and Arrest.

Conversation:

When the cops are trying to get information, but don’t have enough evidence to detain or arrest you, they’ll try to weasel some information out of you. They may call this a “casual encounter” or a “friendly conversation”. If you talk to them, you may give them the information they need to arrest you or your friends. In most situations, it’s better and safer not to talk to cops.

Detention:

Police can detain you only if they have reasonable suspicion (see below) that you are involved in a crime. Detention means that, though you aren’t arrested, you can’t leave. Detention is supposed to last a short time and they aren’t supposed to move you. During detention, the police can pat you down and go into your bag to make sure you don’t have any weapons. They aren’t supposed to go into your pockets unless they feel a weapon.

If the police are asking questions, ask if you are being detained. If not, leave and say nothing else to them. If you are being detained, you may want to ask why. Then you should say the Magic Words: “I am going to remain silent. I want a lawyer” and nothing else.

A detention can easily turn into arrest. If the police are detaining you and they get information that you are involved in a crime, they will arrest you, even if it has nothing to do with your detention. For example, if someone gets pulled over for speeding (detained) and the cop sees drugs in the car, the cops will arrest her for possession of the drugs even though it has nothing to do with her getting pulled over. Cops have two reasons to detain you: 1) they are writing you a citation (a traffic ticket, for example), or 2) they want to arrest you but they don’t have enough information yet to do so.

Arrest:

Police can arrest you only if they have probable cause(see below) that you are involved in a crime. When you are arrested, the cops can search you to the skin and go through you car and any belongings. By law, an officer strip searching you must be the same gender as you.

If the police come to your door with an arrest warrant, go outside and lock the door behind you. Cops are allowed to search any room you go into, so don’t go back into the house for any reason. If they have an arrest warrant, hiding won’t help because they are allowed to force their way in if they know you are there. It’s usually better to just go with them without giving them an opportunity to search.

Reasonable Suspicion vs. Probable Cause

Reasonable suspicion must be based on more than a hunch - cops must be able to put their suspicion into words. For example, cops can’t just stop someone and say, “She looked like she was up to something.” They need to be more specific, like, “She was standing under the overpass staring up at some graffiti that hadn’t been there 2 hours ago. She had the same graffiti pattern written on her backpack. I suspected that she had put up the graffiti.”

Cops need more proof to say they have a probable cause than to say they have a reasonable suspicion. For example, “A store owner called to report someone matching her description tagging a wall across the street. As I drove up to the store, I saw her running away spattered with paint and carrying a spray can in her hand.”

Searches

Never consent to a search! If the police try to search your house, car, backpack, pockets, etc. say the Magic Words 2: “I do not consent to this search.”This may not stop them from forcing their way in and searching anyway, but if they search you illegally, they probably won’t be able to use the evidence against you in court. You have nothing to lose from refusing to consent to a search and lots to gain. Do not physically resist cops when they are trying to search because you could get hurt and charged with resisting arrest or assault. Just keep repeating the Magic Words 2 so that the cops and all witnesses know that this is your policy.

Be careful about casual consent. That is, if you are stopped by the cops and you get out of the car but don’t close the door, they can search the car and claim that they though you were indicating consent by leaving the door ajar. Also, if you say, “I’d rather you didn’t search,” they can claim that you were reluctantly giving them permission to search. Always just say the Magic Words 2: “I do not consent to this search.”

If the cops have a search warrant, nothing changes - it’s legally safest to just say the Magic Words 2. Again, you have nothing to lose from refusing to consent to a search, and lots to gain if the search warrant is incorrect or invalid in some way. If they do have a search warrant, ask to read it. A valid warrant must have a recent date (usually not more than a couple of weeks), the correct address, and a judge’s or magistrate’s signature; some warrants indicate the time of day the cops can search. You should say the Magic Words 2 whether or not the search warrant appears correct. The same goes for any government official who tries to search you, your belongings, or your house.

Infiltrators and Informants

Undercover cops sometimes infiltrate political organizations. They can lie about being cops even if asked directly. Undercover cops can even break the law (narcs get hazard pay for doing drugs as part of their cover) and encourage others to do so as well. This is not legally entrapment.

FBI and other government agents

The essence of the Magic Words “I’m keeping my mouth shut until I talk to a lawyer” not only applies to police but also to the FBI, ICE, CIA, even IRS. If you want to be nice and polite, tell them that you don’t wish to speak with them until you’ve spoken with your lawyer, or that you won’t answer questions without a lawyer present. If you are being investigated as a result of your political activity, you can call the National Lawyers Guild at (415) 285-1055; they will help you find a lawyer you can talk to.

Taking Notes

Whenever you interact with or observe the police, always write down what is said and who said it. Write down the cops’ names and badge numbers and the names and contact information of any witnesses. Record everything that happens. If you are expecting a lot of police contact, get in the habit of carrying a small tape recorder and a camera with you. Be careful - cops don’t like people taking notes, especially if the cops are planning on doing something illegal. Observing them and documenting their actions may have very different results; for example, it may cause them to respond aggressively, or it may prevent them from abusing you or your friends.

Conclusion

People deal with police in all kinds of circumstances. You must make an individual decision about how you will interact with law enforcement. It is important to know your legal rights, but it is also important for you to decide when and how to use them in order to best protect yourself.

From Oakland North. This was written before the verdict was announced in Johannes Mehserle’s trial for the shooting death of Oscar Grant.

So folks are gearing up to voice their dissent the day of the verdict;  hopefully, it’s non-violently. Here are some tips on what to bring / wear and how to  prepare for a protest that has the potential to escalate to a rebellion. The best tip I can give you is that although you determine how you are going to participate, in high tension situations another person’s actions can make that choice for you.

We must be responsible for one another and the message of the action. Secondly, OPD is 4x more prepared.

So however you decided to participate (in protest or rebellion) be clear, prepared and with folks that share that choice. (feel free to add tips, hotlines, etc. And thank you for some of these tips from DocFiles -Peace C

Essentials:

• ID
• water (as much as you can carry. this is for you and your friends to drink, for irrigating eyes and wounds, for cooling off. it’s worth its weight—bring lots)
• several pairs of vinyl gloves (protect against blood AND pepper spray, latex works but is a common allergen)
• change &/or card for telephone call
• paper, pen, duct tape, marker
• legal aid # written in permanent marker on both arms
• Handkerchief
• Ear plugs
• cheap watch, paper, pen for accurate documentation of events, police brutality, injuries
• Bring small first aid kit but leave anything that can be viewed as a weapon (scissors, blades etc)

If your group chooses Non-violent guidelines (click here for an example http://www.noharmm.org/nonviolagree.htm)

Arrestable’s Essentials: (if there is a mass sweep you may be arrested)
Check out this website for legal aid info: http://www.midnightspecial.net/materials/kyr.html

• legal aid set up and a contact that is not participating that can hold bail, has your emergency contact info etc.
• your inhaler, epipen, insulin or other medication if you require
• several days of your prescription medication and doctor’s note in case of arrest
• menstrual pads, if needed. Avoid using tampons—if you’re arrested you may not have a chance to change it (tampons left in more than six hours increase your risk of developing toxic shock syndrome)

Once under arrest avoid violence. Join an affinity group. Abide by guidelines. leave illegal things home.

To learn more about organizing in jail and jail solidarity click here: http://www.starhawk.org/activism/organizinginjail.html and http://www.starhawk.org/activism/jail-support.html

What to wear

• comfortable, protective shoes that you can run in
• clothing which covers most of your skin to protect from sun and pepper spray exposure
• shatter-resistant eye protection ie: sunglasses, swim goggles, or gas mask
• a cap or hat to protect you from the sun and from chemical weapon
• leave valuables and jewelry at home. Pass off your cellphone to your support/ non arrestable friend before you get arrested.

Preparing for and/or aiding wounds caused by police weaponry:

• wound care supplies (Band-aids, steri-strips, 2x2 & 4x4 bandages, 1st aid tape, Bactroban or other antiseptic)
• ace bandage
• chemical weapons decontamination supplies (3 small bottles of canola oil, alcohol, and a solution of liquid antacid/water, 1:1 ratio—this in a spray bottle, lots of gauze sponges or clean rags, stored in several small plastic bags)
• small tampons (good for nose bleeds)
• tongue depressors (for splinting)
• clean shirt in plastic bag (to change into if you get heavily gassed)
• Emergen-C (or other powdered electrolyte mix)
• Rescue Remedy (good for shock, trauma)
• tube of cake icing (or hard candy—good for raising blood sugar)
• aspirin, ibuprofen
• inhaler, epinephrine, benadryl (for those qualified to use them)
• gas mask or goggles paired with a respirator or bandanna to protect during chemical weapons deployment
• heavy-duty gloves if preparing to return police weapons to the line
• fresh clothes in plastic bag (in case yours get contaminated)

To learn about PROTECTION AGAINST TEAR GAS AND PEPPER SPRAY, 101 click here: http://www.starhawk.org/activism/teargas.html

ACTION FASHION FAUX PAS

• Don’t put vaseline, mineral oil, oil-based sunscreen or moisturizers on skin as they can trap chemicals.
• Don’t wear contact lenses, which can trap irritating chemicals underneath.
• Don’t wear things which can easily be grabbed (i.e.: dangly earrings or other jewelry, ties, loose hair)

• Don’t go to the demo alone if you can help it. It is best to go with an affinity group, or some friends who know you well.
• Don’t forget to sleep, eat, and drink lots of water. No matter how well rested and prepared you are and how tight your plan of action is with your affinity group, we can never really predict what will happen in an action, how the police will (over)react to the demonstration, no matter how peaceful you may be.

Remember the message and the reason for action.

The Mobile Media Toolkit shows you how to use mobile tech to enable citizen media and encourage independent voices. Learn how to capture quality audio and video on your mobile phone.

MobileActive.org — “A global network of people using mobile technology for social impact.”

MobileActive.org connects people, organizations, and resources using mobile technology for social change.

We are committed to increasing the effectiveness of NGOs around the world who recognize that the more than 5 billion mobile phones provide unprecedented opportunities for organizing, communications, and service and information delivery.

We work together to create the resources NGOs need to effectively use mobile phones in their work: locally relevant content and services, support and learning opportunities, and networks that help MobileActives connect to each other. With these things on hand, tens of thousands of NGOs will be in a better position to enrich and serve their communities.

The MobileActive.org community includes grassroots activists, NGO staff, intermediary organizations, content and service providers, and organizations who fund mobile technology projects.

MobileActive is committed to expanding the knowledge and experiences about the use of mobile phones and to accelerating the use of effective strategies and tactics while reducing the learning costs for organizations.

Activists, rights defenders, and journalists use mobile devices and communications for reporting, organizing, mobilizing, and documenting.  Mobiles provide countless benefits — relatively low cost, increased efficiencies, vast reach — but they also present specific risks to rights defenders and activists.  

Additionally, information about other mobile uses, such as your photos or video, your data, the Internet sites you visit from your phone, and your physical location, are stored on your device and often logged by your mobile network. (The above graphic shows a schematic overview of the layers of the mobile networks to give you sense of the different elements that make up communications between two phones.)How much is this putting you at risk?  This Overview will help you evaluate your level of risk in regard to your mobile communications.

Part I describes security vulnerabilities associated with mobile phone technology and the risks they pose to you - the information held by your mobile network operator (MNO or operator), the information stored on your phone, and the risks related to unauthorized use.

Part II discusses common phone capabilities - voice, SMS/text messaging, web browsing, mobile email, mobile photos and video, and smartphone apps. We describe the safety risks these pose for you and give you tips on how to minimize them.

By Mikal Jakubal.

Some practical, tactical tips for livestreamers.

Posted on December 10, 2011

It’s here, in the palms of our hands, what military strategists and other organizers have dreamed about for millennia: instant, live, visual communications across any distance. People in ancient times used to consult oracles and pray to deities for the power that we now have in smartphones with livestreaming capability.

I’ve written elsewhere about how I think livestreaming video capability is game-changing in terms of social movements, so I won’t repeat it here, instead focusing on some ways to improve the quality and utility of the livestreams.

The streams I’ve watched range from excellent (shout-out to @Oakfosho), to unwatchable. We have to remember that we’re the eyes for the world. When people chant “The whole world is watching!”—they’re watching through us. It’s a big responsibility that we should take seriously. Even if there are a dozen or hundred streamers at a big action, we might be the one to catch the footage that makes a difference. In any event, what is the point of doing it if your footage is unwatchable and your narration garbled?

Since I’m not familiar with all the various livestreaming options out there, I hope others will jump in with suggestions on the best apps/platforms/phones and how to best use them. Here are my off-the-cuff suggestions for effective camera operations in the field, more or less in order of importance:

* Have a buddy. The streamer can focus on keeping the picture framed and steady while calmly narrating, letting the buddy keep an eye on the cops, plan escape routes, go check on side commotions, help clear a view-space through the crowd, respond to the social media stream and so on. A buddy can watch out for tear gas rifles or shot-bag guns or other hardware being deployed and warn about other tactical information so you can keep filming right up to the last second before moving.

* Keep your focus on what your audience needs or wants to see. If it’s a General Assembly or blockade, keep it there. Don’t get sidetracked by cops down the street or other off-topic events until it actually matters. Don’t waste time filming cops’ badges or helmet numbers or license plates and so on if they’re not doing anything. Save that for when they’re busting heads or if legal observers need that data.

* Narrate effectively. Speak slowly and clearly and repeat often since people log in and out of the stream constantly. Clearly repeat human-mic statements for viewers. When livestreaming, you need to become more of a journalist, less of an activist. Resist the impulse to scream or chant or get in confrontations. Your job is to film those events and make them understandable for the thousands of people counting on you to be their guide.

* Hold the camera steady. Brace against a lightpole, etc. if possible. Avoid the common phone-in-outstretched-arm-over-head position. It’s too shaky and the footage is usually junk. Use two hands and hold the camera close-in to your chest, bracing one or both elbows on your hips.

* Keep your facts straight. Don’t repeat rumors, even if you say they are rumors, unless you’re specifically asking that someone watching to the stream help you verify it. Be the reliable source of info. Learn to give accurate crowd estimates. (Count a group of ten or a hundred, then extrapolate.) Your audience is also connected to other streams and Twitter, so recruit them to be your eyes and ears to help figure out what is happening around you if you’re not sure. Engage!

* Hold the shot for at least 30 seconds before reframing the scene. Or, longer. Switch between wide, slow pans for context and focused shots of the action as necessary, but avoid the tendency to switch every two or three seconds.

* Move slowly, especially at night. These phone cameras still suck, so the slightest movement shows nothing to viewers but light trails and pixellated garbage. Even in good light, it doesn’t take much movement to garble the image.

* Pay attention to direction of light and sound. If you can move so that loud noises or bright lights are to your back when filming something like a GA, your viewers will appreciate it and the recorded footage will be more usable later.

* Interview the peeps! If there is a lull, have your team buddy tell people that you are livestreaming and ask if they’d like to tell the world why they occupy. That’s often the most interesting part of a livestream or other video, to be able to see fellow occupiers in other places. Find the greatest diversity of voices that you can. Interview passers-by to see what they think. This technology can facilitate so much understanding between people if we use it right.

* Carry enough extra battery power to keep going if things don’t go as planned and you need to keep filming a raid or something important.

* Take care of yourself so you can stay calm and steady and persevere when the going gets rough. Eat, drink and stay warm and dry. Pack what you need or have your team buddy carry it in a pack and get it out for you.

* If tear gas is used, stay upwind and consider whether or not you really have to run away. You’re in an important position, doing an important task. Tear gas is not a chemical weapon so much as a psychological weapon—i.e. it’s not really that painful. Often, moving upwind and covering your eyes with goggles and breathing through a Maalox-soaked bandana (NOT vinegar) for a couple minutes will allow you to stay right up in the action where you’re most needed. If they’re gassing us, the world needs to see it. Ignore flash-bang grenades. They’re mostly harmless.

* Use a phone dedicated for streaming, if possible, so you don’t lose other data if you get busted and the cops take or trash the device.

* Consider your legal standing carefully and decide what is worth risking arrest for. Since the footage is already out to the world and up on a server somewhere, it doesn’t matter if they take your camera. If what is happening is important and especially if you’re the only one filming it, it may be worth filming until you’re in zip-ties. You can appeal to your audience later for things like a new phone and bail money.

Let’s refine all this and come up with something that can be posted everywhere. Post ideas and revisions in the comments, please! It would be nice to have something to put up by Monday’s action.