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Free Know Your Rights Seminar in Las Vegas Thurs. Aug. 28

Attorney Stephen "Bowtie" Stubbs, who hosts free Know Your Rights seminars in Las Vegas.

Attorney Stephen “Bowtie” Stubbs, who hosts free Know Your Rights seminars in Las Vegas.

This coming Thursday, August 28th (2014), at 7:00 PM; Las Vegas area attorney Stephen Stubbs will be giving a free “Know Your Rights” seminar. The seminar will take place at the Leatherneck Club of Las Vegas, which is located at 4360 Spring Mountain Rd, Las Vegas, Nevada 89102 (view map to location). If you are on Facebook, you can RSVP here at the event invite.

Among other things, this seminar covers people’s rights under the First Amendment of the U.S. Constitution. That includes the right to freedom of speech and the extent and limitations of that freedom. In addition, the First Amendment also provides for freedom of the press, which applies to citizens ability to film persons, including government officials and the police, while they are performing their duties in public.

While discussing the Second Amendment right to bear arms, Stubbs covers Nevada law relating to open carrying of firearms, as well as the limitations, licensing requirements, and process for such that the State of Nevada places on the concealed carrying of firearms. He also breaks down the different restrictions and prohibitions placed on non-firearm (knives, clubs, brass knuckles, etc.) weapons by state and local law.

Am I Being Detained or Am I Free to Go?

Am I Being Detained or Am I Free to Go?

Another significant part of the seminar involves what the police can and cannot do in relation to searches, seizure of property, and detention of people based on the Fourth Amendment.  That includes the requirement for reasonable suspicion to believe that someone is about to commit a crime, has committed a crime, or is in the process of committing a crime in order to justify detaining someone. It also includes the requirement for consent before police can conduct a warrant-less search, with a few very narrow exceptions, such as evidence in plain view and risk of eminent danger (one of several exigent circumstances). In addition, the differences between searches conducted upon someones person, a vehicle, or their home are explained.

Stephen Stubbs' Free Know Your Rights Seminar

Stephen Stubbs’ Free Know Your Rights Seminar

The Constitutional due process protections within the Fifth Amendment are also covered pretty extensively during the seminar. A person’s right against self-incrimination is explained. Stubbs goes over how (and why) people should invoke their right to remain silent when questioned and avoid answering questions without the benefit of legal counsel being present. (That second part actually has a bit of added significance, since Stephen Stubbs was actually arrested himself for refusing to leave the side of one of his clients, who had invoked his right to have legal counsel present during a traffic stop, back in November of 2013.)

In general, the seminar is very informative and worthwhile for anyone, since it’s not unusual for the average person to get stopped for, at the very least, a traffic violation and knowing your rights can’t hurt you. Beyond that, the seminar does focus largely on encounters with police and situations such as filming in public, interacting verbally with police, the legalities of whether cops can justifiably stop; search; and arrest someone, and what to do in those situations. Therefore, anyone involved in or wishing to become involved in Cop Block related activities should find this seminar very useful and well worth attending. It will also serve as a good opportunity to connect with other like-minded individuals within the Las Vegas area.

If you do come (and you should) to this free seminar you will find Stephen Stubbs is a very knowledgeable and entertaining person, with a history of standing up for individuals’ rights, when they are abused by the police or other government employees. Personally, I’m very glad to have someone as well versed and approachable as him performing this valuable service for our community. BTW, did I mention that he does it for free?

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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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Help Wanted! Contribute To Nevada Cop Block

Click this Image to find out how you can contribute to NVCopBlock.org

There are many ways you can join Nevada Cop Block and help contribute to our mission to ensure accountability for police crimes and violence. Among many other things, you can submit your own personal story or video involving the police, share a link to a story or video you’ve come across somewhere else on the internet, or invite us to an event you or someone you know is hosting that is related to issues involving the police and/or the judicial system.

You can also become involved on a more direct level in several ways. If you are a writer and are interested in police issues, I’d be happy to talk to you about posting on the site. If you would like to be involved in going out and doing copwatching and filming the police, we’d be happy to discuss joining you and posting any news worthy video that results. Similarly, if you are doing some sort of event and you’d like to have someone from our group involved, we’d be happy to discuss that with you. We’re particularly interested in events that encourage people to film the police and that help familiarize people with their rights.

We’re located in Las Vegas and as a result we have better access to and awareness of stories in Southern Nevada. We don’t, however, limit ourselves to Las Vegas or even Nevada. Whether you live in Nevada or not, I’d be happy to have you contribute in any manner mentioned above and possibly in many other ways that you may want to suggest.

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