---------- Forwarded message ----------
From: Joaquin Cienfuegos <[email protected]>
Date: Tue, Apr 17, 2012 at 12:43 PM
Subject: [copwatchla] Structure for CWLA trainings/ Mission Statement/ Know
Your Rights
To: copwatchla <[email protected]>


  This is what we went over our training yesterday, hopefully this can help
create curriculum and a training manual for the future.


Structure for CWLA Trainings

Introductions - Getting Politically Acquainted (went around to introduce
ourselves and what we're involved in politically/organizationally, how we
identify ourselves)

Cop Watch History
-Deacons for Self-Defense
-Black Panther Party
-American Indian Movement

Mission Statement/Goals - Read it/break down for people

Our Organization, Our analysis, and our Politics

Broke into discussion and questions and answers

Know Your Rights Training and Also How to organize a Cop Watch Patrol unit

4. Tactics
 (laws)
5. Patrol procedures
-carry complaint forms
6. In case of arrest

mission
 ------------------------------

*We wanted to addend the mission and propose it to the rest of the folks.

the added suggestions will be underlined

*Who is Cop Watch Los Angeles (CWLA)?*

CWLA is a *program, coalition, and network* dedicated to the struggle that
will end police terrorism through collecting information on and observing
police activity, by offering support to those caught in the criminal
injustice system, fighting for change without a reformist consciousness,
and working side-by-side with oppressed communities*, and *grassroot
organizations* to create *revolutionary* alternatives to policing, prisons,
and all systems of domination, oppression and exploitation *by building
healthy, safe, and liberated communities.*

*Our Goals:*

- Form neighborhood patrols within the communities we live *and create
community prevention methods to police terrorism*
- Offer support to those people and their families harassed, brutalized
and/or murdered by law enforcement agencies
- Develop intelligence through research and study groups
- Share resources, education, and trainings with communities interested in
supporting and/or starting a Cop Watch chapter/patrol team
- Participate in the process of building autonomy, self-determination, and
the self-organization of our many communities
-Coalition Building, and consolidated human rights organizations
-Create serve the people programs in the oppressed communities (i.e. food
programs, free schools, free clinics and so on)

*Cop Watching*

...is just one arm of a larger movement we are a part of struggling to rid
the universe of Imperialism, Capitalism, White Supremacy and Patriarchy -
and for the freedom to determine our own political, economic and social
organizations, liberated from structural oppressions and domination.

** We see the most 'oppressed communities' as working class and unemployed
peoples of color (third world, undocumented, immigrants, citizens, etc.),
especially women, queer and transgendered folks, youth, people with
disabilities, and so fourth. We organize honoring the movements of the most
oppressed and demand that those of us with privileges struggle as allies,
not leadership!*

wishlist
 ------------------------------
 *Everything is pretty much explained here, just that the committees no
longer exist.  We also want to created a community wishlist, where we
explain the needs of the people through our outreach.  Each community is
different but we they have some things in common, as in the need for food,
education, health, jobs, shelter.  (Jason, who was at the meeting will go
to farmer's markets for food for a potential food program).  We might need
van or people with trucks to pick things up.

Cop Watch Los Angeles is a fast-growing organization who needs your support
through donating to the work that we do. Of course, we would appreciate any
money donations (left-hand corner of website: "Make a Donation"), but we
have some specifc requests listed in our wishlist below. Email
[email protected] if you can help out.

Gift Cards:
-Any gift cards for any of the things on the wish list or that would help
us get the things we need in our wish list can be mailed to us, contact us
to get a mailing address.

Equipment for Patrols/Security:
- Video Cameras (preferably w/ night vision)
- Walkie Talkies (preferably w/ headsets)
- Police Scanners
- Maglights (mini-flashlights)
- Digital Cameras

Office-related:
- Computers (PCs or Macs)
- a Copying Machine (preferably newer and in great working condition)
- Hanging Mailboxes
- Filing Folders
- Filing Cabinets
- Reams of Paper (11 x 8.5, 11 x 17, all colors welcome)
- Working Fax Machines
- Printers
- Computer Scanners
- Bulletin Boards
- Book Shelves
- Binders (1/2" to 2")

Tabling committee needs:
- Display racks (for books, videos, pamphlets, leaflets)
- Tables (with fold-in legs)

Arts & Propaganda committee needs:
- Spray Paint (all colors)
- Marker sets
- Thick Poster Board (good for stenciling/screenprinting)
- X-acto Knives sets (new)
- Tracing Paper
- Typewriters (w/ink ribbons)
- Waterpaints, Oil Paints, Charcoal, etc.
- Paint Brushes

Political Education & Training committee needs:
- Easel Boards/Paper
- Butcher Paper
- Projector
- Overhead Projector
- Portable Filing Folders

Events committee needs:
- PA Equipment (w/ mics & cables)
- PA Speakers
- Turntables
- Mixers

Self-Defense committee needs:
- Body Pads
- Floor Mats (for martial arts/grappling)
- Weight sets
- Punching Bags
- Jump Ropes

*Coalition Building*
-6 or 7 Organizations that do housing
-any org that does social justice work
*
Political Issues/Potential Campaigns:*
-Address racial profiling - deal with complaint process
-Federal Consent Decree until 2011
-Department of Justice
-Create a model for Cop Watching
-Civil Review Board

*What is our capacity?

Decision Making process?* -- *Consensus *-- stick to it, and set up process
to deal issues when breaking the consensus process

*Membership*
we went over membership
-At least make meeting once a month
-Check in w/ everybody to see if saturdays work for people
-Rotate meetings - during week and weekends
-Create a process for membership for organizations and individuals: make
meetings, go through trainings, adhere to goals and mission statement of
cwla

*Patrolling*
*too early!
-setting up foundation
-know your rights need to happen first
-get materials, wait until we have more orgs on board
*
Fundraising Ideas*
-Tabling at Events (distro)
-Events/Punk shows - ask Corazon del Pueblo
-Car Wash
-Dues/donations at meetings
-Running down the walls
*

*

Cop Watch Los Angeles

check-a-pig
 ------------------------------

*CHECK-A-PIG | KNOW YOUR RIGHTS*

*TYPES OF STOPS*
It is very important that you understand why an officer is stopping someone
and what their rights are when they are stopped. Determine exactly what
kind of stop the officer is making.

*Consensual Stop*
This is when the cop approaches and begins talking to you. The cop may even
ask to see your ID. You don’t have to show it. Ask the cop “Am I free to
go?” or “Am I being detained?” You don’t have to talk to the cop or even
remain in the area unless the cop says “No, you can’t go” and has a
reasonable suspicion to detain you. However, the cop doesn’t have to tell
you why you are being detained.
*
Detention*
The police are allowed to detain you if they have a “reasonable suspicion”
to believe that you have committed or are about to commit a crime. The
officer must have some reason for stopping you. They can’t just say that
you don’t look like you live in the neighborhood or that they “had a
hunch”. The detention should be limited in its purpose and scope. They can
conduct a pat search of the outside of your clothing in order to check for
weapons, but you DO NOT HAVE TO CONSENT TO A SEARCH of your pockets or
bags. You do not have to answer any questions except to identify yourself
and give your address.

*Arrest *
This means that you are in police custody and you are being charged with a
crime. You will be thoroughly searched as part of the booking process. You
have a right to know why you are being arrested. Penal Code section 841
says that “The person making the arrest must, on the request of the person
he or she is arresting, inform the latter of the offense for which he or
she is being arrested”. Even though police often won’t tell you, you have
the right to remain silent and the right to a lawyer. Don’t give up these
rights.

*TYPES OF VIOLATIONS
Infractions*
These are minor offenses such as jaywalking, illegal parking, open
container of alcohol in public, being in certain parks after curfew, being
a minor in possession of spray paint or large marking pens, etc. When an
officer sees this kind of activity, s/he can ask to see ID. If you have ID
and you do not have any outstanding warrants, the cop should just write you
a ticket and be done with it. If you don’t have ID on you, the cop HAS THE
OPTION OF TAKING YOU TO THE STATION TO VERIFY YOUR IDENTITY OR SIMPLY
WRITING YOU A TICKET AND LETTING YOU GO. This is up to the officer. You
aren’t supposed to have to go to jail for in- fractions in and of
themselves. You would not expect to be searched during this kind of stop.

*Misdemeanors *
These are crimes punishable by up to a year in jail such as shoplifting,
trespassing, resisting, delaying or interfering with an officer in the
course of his/her duty. Expect that you will be searched, arrested and
taken to jail until you are arraigned, bailed out or released on your own
recognizance. There are certain misdemeanors where the officer has the
discretion to write you a citation or to take you into custody.
Remember-don’t talk to the officer about your case and do not discuss it
with folks you meet in jail. Sometimes people in jail can be used to get
information about your case (informants).

*Felonies *
These are major crimes punishable by a year or more in prison. Murder,
rape, robbery and many drug related crimes are considered to be felonies.
Expect that you will be searched thoroughly and will be in custody at least
until you are taken before a judge and allowed to enter a plea (this is
arraignment).

*LEGAL INFORMATION
Answering Questions*
Legally, when a person is arrested or detained by a police officer, he or
she does not have to answer any questions to the officer other than to
provide a name and address. You have the right to remain silent, but DO NOT
lie to a cop. That is a crime.

*Resisting or Obstructing an Officer*
Penal Code Section 148.a states that “every person who willfully resists,
delays, or obstructs (any police officer) in the discharge or attempt to
discharge” of his or her duty, is punishable by fine or imprisonment. The
police will often threaten COPWATCHers with this charge, but remember you
do have the right to observe as long as you are not attempting to interfere
with the officer.

*Use of Force to Effect Arrest*
Section 835.a of the Penal Code explains that the only “legal” use of force
by an officer is that used in order to attain an arrest. “Any peace officer
who has reasonable cause to believe that the person to be arrested has
committed a public offense may use reasonable force to effect the arrest,
to prevent escape or to overcome resistance.”

*Assault by an Officer*
Police brutality is defined in the Penal Code as, “Police breaches of due
process guaranteed by the physical abuse of citizens without legitimate
cause.” Section 149 of the Penal Code makes it illegal for a cop to assault
or beat any person “without lawful necessity.”

*Police Search Powers*
Police may detain someone if they have “reasonable suspicion” that specific
facts connect that person to a specific crime. In this case, the cops can
also pat someone down to feel for a weapon, and if they feel something that
feels like a weapon, they can go into that person’s clothing to look for
it. Otherwise the cops can only search someone’s pockets, back pack, or
belongings if that person:
• Has been arrested for a specific crime,
• Has a search clause as a condition of probation, or
• Gives the police permission, which nobody is obliged to do.

*Police Seizure Powers*
Police may not confiscate someone’s belongings unless they are illegal or
that person has been arrested for a crime. If possessions are confiscated,
the California Penal Code entitles the owner to a receipt (1535) and a
return of the possessions after the resolution of the case (1537). Any
evidence obtained through the seizure may be suppressed from being used in
court if the seizure was illegal. (1538.5)

*Gang Profiling*
Sometimes cops use petty laws to stop people in order to take their
pictures. These photos are often used to create files on people and to
portray people as “gang members”. Detaining people to take photos merely
because they are suspected gang members is impermissible. (People vs.
Rodriguez (1993) 21 Cal.App.4th 232.)

*RESPONDING TO AN OFFICER*
It is important in these cases that your response is loud enough for the
video camera to pick up so it can be used as evidence.

1. They refuse to give you their name and badge number



Reply: California State Penal Code Section 830.10 states that all employed
peace officers in the jurisdiction of the State of California must give
proper identification by either their name or badge number to any
California citizen inquiring.

Reference: 830.10. Any uniformed peace officer shall wear a badge,
nameplate, or other device which bears clearly on its face the
identification number or name of the officer.



2. They question your right to observe

Reply: Our right to watch from a reasonable distance and record your
activity as a public officer is protected under the U.S. Constitution and
federal law under the citizen’s right to “freedom of assembly”.

3. “You’re resisting arrest.”

Reply: No, we’re not. No one here is using or threatening to use physical
force against any officer here, nor are we creating any substantial risk of
causing you physical injury.

Reference: 835a. Any peace officer who has reasonable cause to believe that
the person to be arrested has committed a public offense may use reasonable
force to effect the arrest, to prevent escape or to overcome resistance.

4. “This is an unlawful assembly.”

Reply: No, it’s not. We are not starting a riot. We are not recklessly
using physical force or violence or threatening to use force or violence.

Reference: 407. Whenever two or more persons assemble together to do an
unlawful act, or do a lawful act in a violent, boisterous, or tumultuous
manner, such assembly is an unlawful assembly.

Note: According to CA Penal Code Section 726 and 727, officers must give a
warning to “disperse” before actually arresting people who are “unlawfully
assembled.”

726. Where any number of persons, whether armed or not, are unlawfully or
riotously assembled, the sheriff of the county and his or her deputies, the
officials governing the town or city, or any of them, must go among the
persons assembled, or as near to them as possible, and command them, in the
name of the people of the state, immediately to disperse.

5. “You’re committing disorderly conduct.”

Reply: No, we’re not. We are not refusing any order to disperse. We are
stepping away as you requested, we’re not in your way, and we’re not
obstructing public safety. We are standing a safe distance away.

6. “You’re obstructing a public thoroughfare (street, sidewalk, etc).”

Reply: No, we’re not. We are not willfully and maliciously obstructing the
free movement of any person on any street, sidewalk, or other public place.
We are not creating a public hazard or an inconvenience. We are performing
a public service.

Reference: 647c. Every person who willfully and maliciously obstructs the
free movement of any person on any street, sidewalk, or other public place
or on or in any place open to the public is guilty of a misdemeanor.
Nothing in this section affects the power of a county or a city to regulate
conduct upon a street, sidewalk, or other public place or on or in a place
open to the public.

7. “You’re interfering with a police officer.”

Reply: No, we’re not. We are not obstructing, resisting, or delaying you.
We are not threatening any officer’s safety. All we are doing is legally
observing you and recording your actions.

Reference: 148. (a) (1) Every person who willfully resists, delays, or
obstructs any public officer, peace officer, or an emergency medical
technician, as defined in Division 2.5 (commencing with Section 1797) of
the Health and Safety Code, in the discharge or attempt to discharge any
duty of his or her office or employment, when no other punishment is
prescribed, shall be punished by a fine not exceeding one thousand dollars
($1,000), or by imprisonment in a county jail not to exceed one year, or by
both that fine and imprisonment.

*IN CASE OF ARREST*
If you are arrested, the police must tell you why you are being arrested.
You will want to get the badge number of the officer who is arresting you
and remember- you have the right to remain silent. Don’t talk about your
case to anyone except your lawyer- there are lots of video cameras and
informants in jail! The court must provide you with a lawyer if you can’t
afford one. You have the right to speak to a lawyer before arraignment. If
you are arrested, you will be searched with or without your permission. As
soon as possible, and in no case later than three hours after booking, you
have the right to three phone calls: to a friend or relative, to a lawyer
and to a bail bondsman.
* *
* *
*Cop Watch Los Angeles*
*1 (877) 8 NO COPS*
*WWW.COPWATCHLA.ORG <http://www.copwatchla.org/>*
[email protected]
www.myspace.com/copwatchla


[Non-text portions of this message have been removed]



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