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.

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