Tag Archives: Am I being detained?

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

5 Comments

Las Vegas Know Your Rights Seminar by Attorney Stephen Stubbs to be Held March 23rd

Tomorrow, March 23rd, Las Vegas attorney Stephen Stubbs will be holding a “know your rights” seminar primarily in response to 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 used 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.

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 being discussed will not be exclusive to cyclists and can be applied to anyone that is stopped by the police.

The following information is included within the Facebook event description (which can be found here):

Click for full size image

LVMPD made it very clear this week that they are starting up their motorcycle saturation enforcements again. People are being stopped on motorcycles for LVMPD’s intelligence gathering efforts and as a show of force.

Attend this seminar to learn your Constitutional rights, the proper way to handle traffic stops, and the laws that can protect you. You have to know your rights before you can use them. Everyone is welcome.

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

2 Comments

Make Sure You Know How to Assert Your Rights When Harassed and/or Profiled by Police

The following video and the description accompanying it were shared with the CopBlock Network by Rudy Gonzalez Jr., via the CopBlock.org Submissions Page.

This submission is one of the better videos I’ve seen showing how to calmly, yet firmly, assert your rights and handle yourself when being harassed by the police. And obviously the first thing he does right is filming his interaction with the officers. It begins with Officer Deleon stating that he needs to see Gonzalez’ ID to make sure he “isn’t an illegal alien.” Deleon further states that this is based on the fact that Gonzalez is walking close to a border fence at night.

This is a pretty blatant case of profiling, based on the fact that Gonzalez is of Latino origin. I have very little doubt that if someone of another ethnicity were doing the same that it would be unlikely they would be stopped to check if they are in the country legally. Gonzalez subtly points that out by asking Deleon why he suspects that he is in the country illegally. And of course, much like someone shouldn’t have to prove that they “belong” in a certain neighborhood based on their appearance, people shouldn’t have to arbitrarily prove that they are a citizen (without even going into the many abuses justified and perpetuated by border controls and the hysteria surrounding them) based solely on their appearance, either.

A rather interesting exchange is when Officer Deleon begins asking Gonzalez questions about whether he has any weapons on him and responds to Gonzalez asking for his name and badge number by asking for his name. Each time, Gonzalez asserts his Fifth Amendment right to remain silent by stating, “I don’t answer questions.” In a frustrated voice, Deleon says, “you like to ask questions, though.” As a matter of fact, that is the exact proper way people should handle being questioned by police. The best course of action is to refuse to answer any questions and any conversation that you have with a cop should be to question them about the legalities of the situation in order to clarify if they are being accused of a crime. (Also, in order to get them on record stating what, if any, crime they think you might have committed or admitting that they don’t have any reason to suspect you of a crime.)

Toward the end of the video, Gonzalez turns the tables a bit and begins asking Officer Deleon if he and Officer Spinoza are “illegals.” He follows that up by stating that he needs Deleon to show him three forms of ID to establish if he is in the country legally. The real cherry on top of the whole exchange is when Deleon responds by again requesting ID from Gonzalez.

Gonzalez correctly explains that, unlike police officers, citizens aren’t required to provide ID unless they are suspected of committing a crime (and therefore legally detained) citing the Brown vs. Texas case. Another, more recent, case that pertains to requirements to produce ID is Hiibel v. Sixth Judicial District Court of Nevada, in which the U.S. Supreme Court ruled that police could arrest someone for refusing to identify themselves, but only if they have reasonable suspicion to believe that someone has or was in the process of committing a crime.

In both cases, it was also ruled that citizens are not required to produce physical ID unless they are driving. They are only required to verbally identify themselves. In addition, the requirement even with reasonable suspicion only applies to states that have “stop and identify” statutes. Currently, there are twenty-four such states. The other states require an arrest in order to compel someone to provide identifying information.

Shortly after that, Gonzalez asks, “are you accusing me of committing a crime” and then when Deleon responds that he isn’t asks the Magic Question that lets you know whether you are being detained or just being harassed – “am I being detained?” When Officer Deleon states that he is not being detained, Gonzalez follows up with “then I’m free to go?” Once again Officer Deleon confirms that he is free to go and therefore not being detained. At that point, Gonzalez does the smart thing and simply leaves.

Date of Incident: December 08, 2016
Officers Involved: Officer Deleon Badge #208, Officer Spinoza Badge #858
Department Involved: San Luis (AZ) Police Department
Department Phone No.:
928-341-2420
Department Contact Page:
Contact Us

Video Description (via Youtube):

I was walking home from my job in San Luis, AZ at 1:31am on December 08, 2016. While between San Luis and Gadsden, I was approached by a police officer who accused me of being an illegal immigrant. This is the video and audio documentation.

– Rudy Gonzalez Jr.

If you have a video, personal story involving police misconduct and/or abuse, or commentary about a law enforcement related news story, we would be happy to have you submit it. You can find some advice on how to get your submission published on the CopBlock Network within this post.

Click the banner to submit content to CopBlock.org

Click the banner to submit content to CopBlock.org

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Illegally Detained For Filming Williamsport Pennsylvania Courthouse

The following post was shared with the CopBlock Network by Kevin Bradley, via the CopBlock.org Submissions Page.

Kevin describes a situation where he was peacefully and legally filming (sorta) the outside area of some public buildings, including a courthouse, the cityhall, and prison in Williamsport, Pennsylvania. As a result, he was repeatedly detained illegally and harassed by members of the Williamsport Bureau of Police for being a “suspicious person filming.”

In addition to the information below Kevin included this statement:

I think the lawyers in this town won’t touch the case because they are to busy sucking the pig’s dicks!!! So I could use some help finding a lawyer to represent me.

I was using a phone that doesn’t record video only takes pictures at the time, but they didn’t know that. Because of this encounter, I went out and bought a phone that records audio and video.

Date of Incident: August 8, 2016
Department Involved: Williamsport Bureau of Police, Williamsport, Pa
Department Contact:  Chief Gregory Foresman
Department Facebook Page: Williamsport Bureau of Police
Department Phone No.: (570) 327-7543

Looks like I will be filing a lawsuit against the Williamsport Pigs. I was acting like I was videotaping the court house, city hall, and prison.

First I started at the prison. As I start out a SUV pulls in with two prison guards in it. They stopped as soon as they saw me. One got out of the passenger side and stared at me. The other one got out of the driver side and started questioning me. So I said I don’t answer questions. He said, “I just want to talk to you.” So I asked if I was being detained. They then turned and walked away.

I walked over to city hall and walked around filming without any incidents. Then I walked over to the courthouse and around that building. No incidents, once again. So, I walked back to city hall and right away a unmarked car came up the alley and stopped in front of me.

A plain clothes cop got out and the first thing I asked was his name and badge number. He gave it to me and then another one got out so I asked for his name and badge number, but he just stared at me. The first one asked what I was doing, and I said, “WTF does it look like I am doing? Then I asked if I was being detained and he said, “no.” So, I said, “OK, then I am leaving. Bye.

I walked over to the prison again with no incidents. I then walked back up to the courthouse and was walking around when a female cop started questioning me. I told her I don’t answer questions and asked, “am I being detained.” She said no, but that she just wants to talk to me. As I turned to walk away, she kept trying to detain me and asking for ID.

I asked two more times if I am being detained. She said no, but kept following me. About this time I was getting irate that she wouldn’t let me leave. She had called for backup and two more cops soon arrive and also started asking me for ID. I asked again if I was being detained and they then said yes.

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So I ask what crime I had committed that gave them the authority to detain me. They said that I was a suspicious person filming. I told them that is not a crime and that PA is not a stop and ID state. I asked them for name and badge ‪numbers‬, but they all refused.

I then asked for a supervisor and found out that he was already walking out of the courthouse. After about 10 minutes of me asking why I was being detained, the supervisor walked away to make a phone call, then walked back over and said I was free to go.

My phone doesn’t even record video. It only takes pictures, but those dumbasses didn’t know that at the time. I went over to my lawyer’s office and told them what happened. I will be talking to him at one o’clock today. However, the lawyer said he can’t take the case because one of his staff was a witness and it would be a conflict of interest.

– Kevin Bradley

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Know Your Rights Seminar At Las Vegas “Rally For Your Rights”

The following post was submitted to the CopBlock Network by Stephen Stubbs. It contains the video of a know your rights seminar, which he gave during an event called the “Rally For Your Rights.” The rally was held in Las Vegas on February 13th at the Leatherneck Club.

The seminar consists primarily of the rights protected by the Fourth and Fifth Amendments, both of which deal with rights during encounters with the police. Among other subjects discussed, Stubbs explains the requirements that police officers must follow in order to legally detain someone and what your rights are if detained. He advises everyone to use what he refers to as a magic phrase, “am I being detained, or am I free to go?” in order to determine if you are in fact being detained.

Once that has been determined there are several rights that become important, depending on the answer you receive. If you are not being detained, he advises to simply leave. However, if you are being detained, he advises you to ask what crime they suspect you of, since one of the requirements of a legal detention is that a law enforcement officer has to have reason to believe you have committed a crime, are in the process of committing a crime, or are about to commit a crime.

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Also, on the video Stubbs discusses your requirement to identify yourself to police (only if detained), what exactly that requirement consists of (legal name, not physical ID), and your right to refuse searches. In addition, he advises anyone dealing with the police to exercise their 5th Amendment right to remain silent and to ask for a lawyer when they are being questioned. Of course, he also suggests that everyone film the police anytime they interact with them.

Stephen Stubbs is a Las Vegas area lawyer, who is pretty well known locally for defending motorcyclists and others who have been abused and profiled by the police, as is often the case with motorcycle clubs. He’s been featured quite a few times on Cop Block previously, including for an incident in which he was arrested after members of the LVMPD Gang Unit illegally ordered him to leave while they were questioning his client. Below are links to those posts.

Related Posts:

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Cops Attempt Illegal Search for Imaginary Weapon (Video)

A reader named Jason Sparks shared the video content below, regarding the service several employees of the Holly Hill (FL) Police Dept. provided to him recently, via the Cop Block Submissions page. Under the pretense that he was carrying a weapon they confronted him and attempted to force him to submit to an illegal search. Fortunately, Jason knows his rights and was ready to film the people threatening him. So, they eventually left without violating his privacy or committing any sort of violent attack upon him.

Holly Hill FL Illegal Search AttemptDate of Incident: February 11, 2015
Individuals Involved: Officer Booneville, Officer Milne, Officer Champion and at least one other unidentified employee of the Holly Hill Police Dept.
Outfit Involved: Holly Hill (FL) Police Department
Contact: Stephen Aldrich – Police Chief
Phone: 386-248-9475
Fax: 386-248-9480
Email: [email protected]
Area Cop Block Affiliate: There are numerous Cop Block groups (see bottom of post for list of known affiliates) within Florida, including Florida Cop Watch. In addition, if you live outside Florida, you can find the appropriate affiliate in your area by consulting the Cop Block Groups page or by Starting a Local Group.

Florida Cop Block Affiliates

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“Pulled Over Walking. Cops Say I Have a Weapon.”

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Know Your Rights! A Few Simple Questions to Ask When Stopped by the Police

The following post was shared with the CopBlock Network by Shawn Peterman of Southeast Alabama Cop Block shared this post, via the CopBlock.org Submissions Page.

A little knowledge and a few words can go a LONG way toward getting a cop to leave you alone and move on to easier prey.

Two simple phrases that could change the way the police deal with people everywhere:

  1. “Officer, am I being detained or am I free to go?” Saying that line will usually make a cop believe that you are very aware of your rights (even if you’re not). It will also usually encourage him/her leave you alone and look for easier prey. In order to detain you, he/she must at least suspect you of committing a specific crime.
  2. “Officer, I am not resisting you, but I do not consent to ANY searches.” Say that loud and clear, and in front of witnesses. Prisons are full of people who claim that the cops put drugs in their vehicles. True or not, saying this will usually stop cops from searching or least make them send for a dog. In either case, this will often encourage them find easier prey.

Bonus:

“Officer, I’d prefer to not produce ID at this time. What crime do you suspect me of committing?”

Great line for a pedestrian stop. While you have to show ID in a traffic stop in Alabama (and most other states), according to Alabama law (2006 Alabama Code – Section 15-5-30) law enforcement is only able to demand ID from a person that he/she “reasonably suspects is committing, has committed, or is about to commit a felony or other public offense.” Even then, he’s only allowed to demand your name, address and your reason for being where you are. Check your local laws. Remember this the next time you’re walking down the street and a cop appears and demands your papers.

For more information, check out: www.flexyourrights.org, www.copblock.org facebook.com/southeastalabamacopblock

– Shawn Peterman
Southeast Alabama Cop Block

If you have a video, personal story involving police misconduct and/or abuse, or commentary about a law enforcement related news story, we would be happy to have you submit it. You can find some advice on how to get your submission published on the CopBlock Network within this post.

Click the banner to submit content to CopBlock.org

Click the banner to submit content to CopBlock.org

61 Comments