Police Abuse: Protecting Your Civil Rights
By
Theresa Chaze

With the rapidly increasing occurrence of the police abusing individuals and ignoring their civil rights, everyone needs to be aware of what their rights are and how to protect them. No longer do the First and Fourth Amendments provide the freedoms and protection the founding fathers intended. Freedom of religion, speech, to gather and engage in peaceful demonstrations are no longer protected rights, nor is the right to be safe from unreasonable searches and seizures in your home, car, and place of business.
The best way to protect yourself and your civil rights is to know what they are.

The Bill of Rights

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.


The Patriot Act has begun limit and infringe on these constitution rights in the name of homeland security. However, in most cases national security is not an issue, but law enforcement's way of disregarding civil rights in order enforce their own style of justice. Whether it be disregarding the medical needs of a pregnant woman in Kansas or the murder of an elder woman during an unfounded search, law enforcement no longer serve and protects the public.
The ACLU has released a list of what you should to do or not if you are stopped for questioning by the police. It is not a definitive list, but simple guidelines to help you safely deal with law enforcement.

Police Abuse: What to do if you are stopped while Driving

1. Think carefully. Choose your words and actions with care. Remain calm. Avoid quick movements.

2. Don't get into an argument or loose your temper. Anything you say or do can be held against you.

3. Don't run. Don't touch the officer. It can be used as a reason to arrest you.

4. Don't resist. Even if you are innocent, resisting alone is a reason to arrest you.

5. Don't complain. Making a scene or threatening to file a compliant only makes the situation escalate.

6. Do not make any statements regarding the incident. Ask for a lawyer.

7. Write everything down and remember the officer's name, badge number and patrol car number.

8. Try to find witnesses. Get their name and addresses.

9. If you are injured, document the injuries with medical reports and photographs.

10. If your rights have been violated, file a complaint with the police department’s internal affairs division or civilian complaint board.

Although this is a comprehensive list, there are a few other things you can do to protect yourself.

1. Keep your information together and easily accessible. The longer the officer has to wait, the more likely he will find a reason to harass you.

2. If you have a cell phone, use it. Call a friend and have them listen to the exchange between you and the officer. Your friend could act as a witness on your behalf. If you don’t have a cell phone, a mini audio recorder could serve a similar purpose.

3. Some cell phones are capable of recording video or still pictures. By documenting the exchange, as much as possible you will be adequately be able to protect your rights.

4. If there are issues with the officer, you don't have to go to their office to file a complaint. Sending a detailed letter certified return receipt to the head of the department, the prosecuting attorney’s office and the state’s Attorney General will get your compliant filed without putting yourself at risk of immediate reprisals.

5. If you witness an officer abusing his or her authority document and report it. By being pro-active and getting involved, abusive officers will be held accountable for their actions and removed from positions of authority.

The public can no longer depend on the Bill of Rights to defend their personal liberties. The only way to curb and end the police abuse of power is for the public to hold them accountable for their actions. By knowing your rights and being prepared, an individual can more adequately protect themselves and their rights during encounters with law enforcement.