From: youngk@astro.ocis.temple.edu (Keith Young)
Newsgroups: alt.drugs
Subject: Travel Guide
Date: 9 Mar 1995 14:42:47 GMT
Message-ID: <3jn458$af7@cronkite.ocis.temple.edu>
Here is a travel guide that cdgelsin@abq-ros.com sent me. I am
posting it for everyone's viewing. I am not the author.
Enjoy!
--Keith Young
-youngk@astro.ocis.temple.edu
=====================================================================
U.S. TRAVEL GUIDE
Because of the continuing "War on Drugs", it is more important than
ever that citizens know their rights during unexpected police
encounters while traveling. Innocent people in airports, train
stations and bus terminals are being subjected to sometimes abusive
tactics and coercive questioning by various police agencies looking
for money, drugs and drug couriers.
Here are some simple precautions and advice you can use to protect
you, your reputation and your possessions while traveling.
1). CARRYING PACKAGES FOR OTHERS - Never carry or offer to take a
package or suitcase for someone else unless you know the person well
and you personally check the package contents - a friendly offer
could cause you to spend many years in PRISON.
2). CARRY ON LUGGAGE - Always keep your carry on bag with you or IN
YOUR SIGHT. This means take it with you when you eat, use the
restroom, or walk around to stretch your legs. It would only take a
second for someone to open your bag when you are not watching and
place drugs or other contraband inside. It may be impossible for you
to prove the contraband is not yours, and again, you could go to
prison. Unattended luggage could also be considered abandoned, more
on this later.
3). "CONSENSUAL" ENCOUNTERS - It is possible that you may be
approached and questioned by police or Drug Enforcement
Administration (DEA) officers on your trip. Police officers now
"hang out" at airports, train stations and bus terminals and "talk
to" passengers that fit overly broad and sometimes racist profiles.
A Scripps Howard News Service investigation found that 77% of
passengers targeted in such settings are minorities.
According to the Supreme Court case FL vs Bostick police are allowed
to approach and speak to citizens. You as a citizen are NOT REQUIRED
or obligated to speak to them. You can decline to speak and
terminate the conversation AT ANY TIME, including right from the
start. You could be asked about your travel plans. You might be
asked to produce your drivers license or other ID. You might be
asked to produce your travel tickets or other travel documents. You
are not REQUIRED to do any of this and can refuse. In a consensual
encounter, you can walk away at any time. The police CANNOT use
your choice against you. Anything you say WILL BE USED AGAINST YOU
even though you have not been informed of your (Miranda) rights.
Sometimes just talking to these police can increase their interest
in you and may cause them to delay you. Police officers often tape
record these encounters with citizens and will use the tape later as
evidence in court against you.
4). SEARCHES AND DOG SNIFFS - You might be asked if you would
voluntarily consent to a physical search or "dog sniff" of your
baggage. You have every right to decline these requests. Even though
you may have absolutely nothing to hide, like most people, you may
not want strangers rooting through your private possessions. Never
lie and say that your bag does not belong to you. Police officers
may think it is abandoned property and will open and search it
without anyone's consent or a legally obtained warrant. This is
another good reason why you should never to leave your bag
unattended, it may be considered abandoned and be subject to a
questionable search.
If you CHOOSE to consent to a search, ANYTHING FOUND may be used
against you. If you happen to have any cash, it may be seized. The
US Congress is now drafting legislation to prevent further abuses of
innocent citizens that have had their money taken from them, but are
never even charged with any criminal activity.
If you CHOOSE to submit to a dog sniff of your possessions, a
positive indication by the dog will result in the seizure of your
baggage for a search warrant. You may also be arrested. If your bags
are seized and do not contain any drugs or contraband, they and you
will be promptly released to go on to your destination. If you are
arrested and you have no drugs, you may have legal recourse for
being falsely arrested.
Police sometimes will make comments like "If you don't have anything
to hide, why won't you let us look ? ", or "If you let us look in
your bag, you can be on your way", attempting to pressure you into a
consent to search or dog sniff your possessions. Innocent people
in the United States do not have to allow the police to look in
their baggage, or explain the reasons for refusing. Without a
reasonable suspicion that you are doing something wrong, you can
only be detained for a very brief period.
Protection from unreasonable searches and seizures is a fundamental
4th Amendment right under our system of justice and just as any
right, you must verbally assert your rights so that you will be
protected. Remember if you tell the police its all right to search
your belongings, they do not have to comply with these
constitutional requirements. If the police have enough legally
justifiable reasons (called PROBABLE CAUSE) to look in your bag, a
judge may have to agree and authorize a search warrant to allow them
to look.
5.) CONDUCT - In any police encounter, remain calm, polite and don't
get into any kind of physical confrontation. Do not allow yourself
to be intimidated or frightened. Generally, all police officers are
required to cordially show their badge and supply their name when
asked. You might ask to see the officer's badge and get all names
FIRST THING. If you feel badgered or threatened in any way, or the
officer refuses to show the badge and supply their name, refuse to
say anything else. As soon as you can, write down the time, the
location and the best description you can of all the officers
involved and file a complaint for misconduct. You may also want to
get the advice of an attorney.
6). CHECKED LUGGAGE - To avoid any problems with your checked
luggage, place carton sealing tape around the entire bag, placed so
it goes around the bag at least once and covers over the keyhole or
keyholes. Write your name on the tape a couple of times with a
permanent marker. By securing the bag with a seal, you will know if
anyone has tampered with your baggage. When you arrive at your
destination, if the luggage and tape is not EXACTLY as you left it,
complain to the carrier and CALL THE POLICE.
You are encouraged to copy and distribute this sheet to friends,
co-workers and anyone that you know that travels in the United
States. Our goal is to assure each member of the public is
knowledgeable of their rights while traveling lawfully in this
country.
I would be interested in hearing about any abusive police encounters
you have experienced while traveling anywhere in the U.S. Address
your comments to the address below.
A typeset copy of this Travel Guide can be obtained by sending a
business sized, Self Addressed Stamped Envelope (SASE) to:
U.S. TRAVEL GUIDE
P.O. Box 72072,
Albuquerque, NM 87195
--
I hope this guide is of assistance. It has been proofread by some
nationally respected lawyers, so I believe it to be accurate. Check with
your lawyer for specific legal advice. I make no warranty, express or
implied for the information presented. I shall not be liable in any way
for anything that could, might or even did happen if you choose to stand
up for your own Constitutional Rights. Fee
