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Know Your Rights Seminar Held in Las Vegas by Attorney Stephen Stubbs (Video)

Note – this is an update of a previous post: “Las Vegas Know Your Rights Seminar by Attorney Stephen Stubbs to be Held March 23rd.” This post includes a video of that know your rights seminar.

On March 23rd in Las Vegas, local attorney Stephen Stubbs held a “know your rights” seminar. Although this know your rights class was open (and very much relevant) to the general public, the primary reason for it being held was recent harassment of motorcycle riders in Las Vegas by the LVMPD (“Metro”) using saturation teams and the gang task force, including a “motorcycle intelligence unit” specifically created to gather information on motorcycle clubs.

As Stubbs mentions in the Facebook Live video embedded below, this harassment has involved the profiling of people that ride motorcycles and several violations of those people’s rights. That includes manufacturing suspicion to stop them, attempting to force passengers to ID themselves, and detaining them longer than is required to perform an investigation related to the (often dubious) offense that they have been stopped for.

Obviously, the motivation behind these targeted stops and the attempts to question those stopped is to gather information about motorcycle clubs under the false pretense that anybody belonging to a motorcycle club is a criminal and the even more flawed pretense that anyone riding a motorcycle and/or fitting a certain description must belong to a motorcycle club. Beyond that, Metro has also been known in recent years to illegally put pressure on public businesses, such as bars, to attempt to force them to exclude members of bike clubs from those businesses. This often is done under the threat of having their liquor license taken away.

Included below are embedded videos containing the entire know your rights seminar, as well as a shorter excerpt discussing a somewhat controversial method of handling general police encounters in which police insist on questioning you even after you’ve already invoked your Fifth Amendment right not to speak (use at your own risk).

Full Video of Know Your Rights Seminar

 

Downtown Las Vegas know your rights flyer by NVCopBlock.org

As regular readers of the CopBlock Network know, Stephen Stubbs has a pretty long history (see “related posts” section below) of defending the civil rights of people (including himself) against the police, especially those departments located within the Las Vegas area. That has included defending motorcyclists against the frequent harassment they receive from the LVMPD.

Stubbs has also in the past done know your rights seminars numerous times at events and for various groups (as well as independently) throughout the Las Vegas area. (See below for an embedded video of a previous know your rights training.) Among other things, these seminars typically will cover issues involving the First, Fourth, and Fifth Amendments such as the requirements for a legal detainment, when you are obligated to identify yourself to police, your rights when the police want to search you, your right to remain silent and why that’s a good idea, and your rights when filming the police (and why that’s also always a good idea).

In spite of the direct motivation for this particular know your rights seminar being the harassment directed at motorcyclists, the topics and rights discussed were not exclusive to cyclists and are helpful and applicable to anyone that is stopped by the police.

Excerpt: How To Handle General Police Encounters in Nevada

LVMPD doesn’t care about the law

Previous Know Your Rights Seminar by Stephen Stubbs

Related Posts:

Stephen-Stubbs-CopBlockThose of you that have followed CopBlock.org over the past several years are probably already aware that Stephen Stubbs has been featured numerous times on the Cop Block Network. He often represents bikers and motorcycle organizations, whom are frequent targets of harassment from the police. In addition, I have personally worked with Stephen on a somewhat regular basis through Nevada Cop Block on issues or cases within the Las Vegas area.

Therefore, there is a pretty lengthy (and growing) list of posts on Cop Block involving Stephen Stubbs, his clients, and/or people or groups he is associated with. Included below are links to those posts.

  1. Las Vegas Know Your Rights Seminar by Attorney Stephen Stubbs to be Held March 23rd
  2. “What Happened in Vegas” Isn’t Staying in Las Vegas; Documentary on Police Brutality Premiers at Cinequest
  3. Nevada CopBlock Founder Arrested While Filming Las Vegas Metro Police
  4. LVMPD Caught on Body Camera Admitting They Arrested Man For Singing F*ck The Police
  5. Las Vegas Attorney Stephen Stubbs Explains How Not To Get Beaten And/Or Shot By The Police
  6. The LVMPD Gang Task Force is Corrupt and it Extends All the Way to the Top
  7. Head of LVMPD Internal Affairs Ordered to Answer Perjury/Withholding Evidence Charges in Court
  8. Head of LVMPD Internal Affairs Accused of Perjury; Judge Recused Self Due to “Negative Opinion” of Her
  9. Boulder City (NV) Police “Employee of the Year” Commits Perjury to Arrest Man Interfering With Revenue Generation
  10. Las Vegas Metro Police Illegally Search; Sexually Assault Innocent Man to Justify Bullshit Arrest
  11. Las Vegas Attorney Stephen Stubbs: “Stand Up and Tell the Truth” – Why #PoliceLiesMatter
  12. Man Beaten by Las Vegas Police For Not Moving Fast Enough Awarded $31,500 Settlement
  13. Full Waco Twin Peaks Biker Shooting Videos; Witness Statement Made Public
  14. Know Your Rights Seminar At Las Vegas “Rally For Your Rights”
  15. Waco, TX; Twin Peaks Shootings Arrests – June 10th Call Flood
  16. Nevada Police Chief Resigns After Protecting Animal Shelter Supervisor Who Killed Pets
  17. Fired NV Police Chief Ordered to Pay Punitive Damages in Abuse of Authority Lawsuit
  18. Las Vegas Attorney Stephen Stubbs Found Not Guilty in 5th Amendment Right to Counsel Case
  19. Game Over for Insert Coins’ and Their Abusive Bouncers
  20. Dance, Dance Revolution Protest at Insert Coins Las Vegas- Feb. 26, 2015
  21. Insert Coin(s) Las Vegas Bouncers Beat Man and Obstruct Witness Trying to Film
  22. Las Vegas Police Promise “Fundamental Policy Changes” after Dominic Gennarino Beating
  23. Las Vegas Police Beat a Man for “Not Moving Fast Enough”
  24. Las Vegas Police Agree That You Should Film Them
  25. Free Know Your Rights Seminar in Las Vegas
  26. Attorney Stephen Stubbs Arrested for Refusing to Leave His Client’s Side

Other Videos:

The LVMPD Gang Task Force is Corrupt

Original Stephen Stubbs Arrest Video

Lt. Yatomi is Promoted and Put in Charge of Internal Affairs

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Police Fatality Review of D’Andre Berghardt Jr. Murder Scheduled for Today

dandre-berghardt-murder-videoAt 9:00 AM this morning (March 2, 2015), the Clark County District Attorney’s office will be conducting a “Police Fatality Public Fact Finding Review” for the murder of D’andre Berghardt Jr., who was shot to death by Bureau of Land Management (BLM) agents on February 14, 2014 after he asked passersby near Red Rock Canyon (just outside Las Vegas) for water and some of them called to report that he may need assistance. Those BLM agents, along with a Nevada Highway Patrol Trooper,  subsequently showed up and instead of offering assistance (or simply leaving him alone if he refused assistance), began to antagonize, pepper spray, taze, and beat Berghardt.

Not surprisingly, Berghardt attempted to get away from the people that were assaulting him and tried unsuccessfully to get into several nearby cars. Unfortunately, when he did finally find a vehicle that he could get into, it ended up being NHP Trooper Lucas Schwarzrock’s SUV. That prompted the two (unnamed) BLM agents to shoot and kill Berghardt, presumably because they were afraid that he would use the rifle that was locked up (according to the BLM’s own official statement) inside the trooper’s passenger seat.

Although a video (which is embedded below), taken by two people that witnessed the incident from their car while stopped on the road, surfaced within a few days of the shooting, there actually should be another video that would show a much better view of what happened that day. Unlike the LVMPD and other Las Vegas area police, Nevada Highway Patrol vehicles have dash cams. That video has never been released, nor has any explanation ever been offered for it not being released. It’ll be interesting to see if that will be included in the presentation or, at the very least, if some sort of excuse for it’s lack of availability will be given.

In spite of it’s Orwellian name, the “Police Fatality Public Fact Finding Review” is, in reality, designed to do anything but provide facts to the public. It was created after the LVMPD and Police Protective Association were unable to have reforms to the old Coroner’s Inquest overturned via lawsuits. The much maligned original Coroner’s Inquest had functioned as a rubber stamp process of automatically justifying police shootings for about 40 years. In spite of the proposed reforms standing up to those legal challenges and being declared constitutional by the Nevada Supreme Court, the entire process was scrapped in favor of this newer version that is even worse and less transparent than the Coroner’s Inquests had ever been.D'andre Berghardt Jr

Basically, the new method of rubber stamping police shootings consists of the District Attorney declaring (every single time) that the killing was justified, then having someone present to the public the police version of events without any cross examination, witness testimony, presentation of evidence, or impartial representation. It essentially is designed in order to facilitate an official, institutionalized coverup, with very little opportunity for the public to question the official story they are being fed. You couldn’t ask for a much better opportunity to hide the truth and bury facts while advancing the official narrative. Nor could you more effectively sow mistrust and hostility within the communities that are effected by these killings, which historically have never resulted in any sort of accountability, regardless of how questionable they have been and whether the victims of the LVMPD’s trigger happy cops were completely innocent and/or unarmed.

Details for Police Fatality Review of D’Andre Berghardt Jr. Murder:

Via www.clarkcountynv.gov

The Police Fatality Public Fact-finding Review into the February 2014 death of D’Andre Berghardt Jr. will be held Monday, March 2, at 9 a.m. in the Clark County Government Center Commission Chambers at 500 S. Grand Central Parkway in downtown Las Vegas. The review will be aired live on Clark County Television (CCTV) and streamed over the County Internet site at www.ClarkCountyNV.gov.

According to reports, Berghardt was shot and killed during a confrontation with law enforcement officers on state Route 159 near the Red Rock Canyon National Conservation Area.

The review of this incident will be presided over by Hearing Officer Chip Siegel. Mark Bailus will serve as ombudsman for the review. Both are longtime criminal defense attorneys in the community. Presiding officers and ombudsmen are selected by the county manager from lists approved by the County Commission. The ombudsman represents the public and the deceased’s family in this fact-finding review.

Chief Deputy District Attorney Michael Staudaher will represent the District Attorney’s Office in this proceeding.

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“Let Me See Your I.D.” Stop and Identify Statutes – Know Your Rights

Stop and ID Statutes Map States Nevada Cop Block

Everyone should know their rights regardless, but it’s even more essential that you do if you intend to go out and film the police. Therefore, you should know if the state you live in has passed “stop and identify” statutes. If that is the case, then you should also know what is and isn’t required under such laws.

In 24 states police may require you to identify yourself. (If they have reasonable suspicion that you’re involved in criminal activity.)

“Stop and identify” statutes are laws in the United States that allow police to detain persons and request such persons to identify themselves, and arrest them if they do not.

Except when driving, the requirement to identify oneself does not require a person who has been detained to provide physical identification. Verbally giving identifying information is sufficient to satisfy that requirement.

In the United States, interactions between police and citizens fall into three general categories: consensual (“contact” or “conversation”), detention (often called a Terry stop), or arrest. “Stop and identify” laws pertain to detentions.

Consensual

At any time, police may approach a person and ask questions. However, the person approached is not required to identify himself or answer any other questions, and may leave at any time.

Police are not usually required to tell a person that he is free to decline to answer questions and go about his business. A person can usually determine whether or not the interaction is consensual by asking, “Am I free to go?”

Detention

Police may briefly detain a person if they have reasonable suspicion that the person has committed, is committing, or is about to commit a crime. Embedded below are videos from Flex Your Rights describing what reasonable suspicion is and when you are required to provide ID to the police. Police may question a person detained in a Terry stop, but in general, the detainee is not required to answer.[10] However, many states have “stop and identify” laws that explicitly require a person detained under the conditions of Terry to identify himself to police, and in some cases, provide additional information. (As of February 2011, the Supreme Court has not addressed the validity of requirements that a detainee provide information other than his name.)

Arrest

A detention requires only that police have reasonable suspicion that a person is involved in criminal activity. However, to make an arrest, an officer must have probable cause to believe that the person has committed a crime. Some states require police to inform the person of the intent to make the arrest and the cause for the arrest. But it is not always obvious when a detention becomes an arrest. After making an arrest, police may search a person, his or her belongings.

Variations in “stop and identify” laws

  • Five states’ laws (Arizona, Indiana, Louisiana, Nevada, and Ohio) explicitly impose an obligation to provide identifying information.
  • Fourteen states grant police authority to ask questions, with varying wording, but do not explicitly impose an obligation to respond:
  • In Montana, police “may request” identifying information;
  • In 12 states (Alabama, Delaware, Illinois, Kansas, Missouri, Nebraska, New Hampshire, New York, North Dakota, Rhode Island, Utah, Wisconsin), police “may demand” identifying information;
  • In Colorado, police “may require” identifying information of a person.
  • Identifying information varies, but typically includes
  • Name, address, and an explanation of the person’s actions;
  • In some cases it also includes the person’s intended destination, the person’s date of birth (Indiana and Ohio), or written identification if available (Colorado).
  • Arizona’s law, apparently written specifically to codify the holding in Hiibel, requires a person’s “true full name”.
  • Nevada’s law, which requires a person to “identify himself or herself”, apparently requires only that the person state his or her name.
  • In five states (Arkansas, Florida, Georgia, New Hampshire, and Rhode Island), failure to identify oneself is one factor to be considered in a decision to arrest. In all but Rhode Island, the consideration arises in the context of loitering or prowling.
  • Seven states (Arizona, Florida, Indiana, Louisiana, New Mexico, Ohio, and Vermont) explicitly impose a criminal penalty for noncompliance with the obligation to identify oneself.
  • Virginia makes it a non-jailable misdemeanor to refuse to identify oneself to a conservator of the peace when one is at the scene of a breach of the peace witnessed by that conservator.

What is Reasonable Suspicion?

When Are You Required to Provide ID to the Police?

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