Notices by David Nathanson (d_j_nathanson@mastodon.social), page 2

There are also plenty of people of color who are brave enough to stand their ground and demand their rights. They make it easier for all of us to do the same when faced with the coercive, armed power of the state. I thank them for that.

Similarly, there is also the dynamic of normalizing the assertion of rights. If cis white people regularly assert their rights, one can at least hope that it creates a culture where asserting your rights doesn’t endanger people generally, including POC. /end

Sixth, if you are not charged with a crime or the charge is dismissed and there was misconduct by the cop, carefully consider filing a complaint. You may not think this does anything because police will side with the cop. It does matter. If I can obtain the internal affairs file of a cop with fifteen dismissed misconduct complaints, I may be able to use that in cross-examining him in a later case. You could be helping someone else. Again, it may not be safe to file a complaint. Your call. /8

Fifth, if you are charged with a crime, write down your memory of the interaction and give it to your lawyer. DO NOT GIVE IT TO ANYONE ELSE.
/7

Fourth, it’s often not safe to record the police yourself even if it is legal in your jurisdiction. If it seems like it isn’t safe, try to make a mental note of who is around, whether there are cameras, where you are, and the lighting and weather conditions.

If you can see the cop’s name, badge number, and vehicle number, great. Asking for it during the interaction may be unsafe. You may want to ask a bystander to call a family member or lawyer for you. Use your own judgment. /6

Third, kill them with politeness. Try putting “I’m sorry officer but …” or similar before every assertion of your rights that I suggest in my #STFUfriday posts. Keep in mind you are not entitled to Miranda warnings if you are not in custody (custody generally equates to not free to leave). But nothing prevents you from asserting your rights even if you are not in custody. /5

Second, street encounters are more common, more difficult to navigate, and potentially dangerous. The first goal is to be physically safe. Use your common sense about what might anger this particular cop. They differ. /4

First, if you’re in an interrogation room, something bad is already happening. The chance that you will talk your way out of it and be let go is far outweighed by the chance that your words will be used to convict you. Demand a lawyer. It will likely result in you being held until you can be brought to court and given a lawyer and a bail hearing. But the pain of even a weekend in jail is FAR outweighed by the pain of years in prison if they convict you using your own words against you. /3

I’ve given know-your-rights presentations to lots of black and brown teens. About half my adult clients are people of color. I listen when they tell me that my description of what the law says doesn’t match the real world. It makes them pretty angry. They *should* be able to invoke their Miranda rights and not endanger themselves.

In those presentations, we talk it through. Here are some of the basic rules we’ve settled on.
/2

🧵 So I try to do semi-regular #STFUfriday posts reminding people to exercise their right to remain silent and to have a lawyer present for custodial questioning.

Every once in a while, I get comments to the effect of, “that doesn’t work for people of color.”

Whether people of color can safely invoke their Miranda rights is a sensitive and case-specific discussion probably not suited for a social media discussion. But I’ll try. /1

Your periodic reminder that if you have "streaming fatigue" and are switching to more DVDs, your local public library is the place to go, not Walmart.

Do what I do: place a hold for a DVD using my library's website, they pull it, send me an email when it's ready, and I go pick it up. I'm often in & out in 2-3 minutes.

And wonder of wonders, they will get things for you on interlibrary loan! Obscure things from libraries across your state!

And less plastic waste!

https://mastodon.social/@verge/111998415856451435

Important decision from MA Supreme Judicial Court regarding "black box" algorithmic digital forensics. The prosecution tried to use iPhone "frequent location history" evidence against the defendant to prove his presence at the scene. The SJC excluded the evidence as unreliable because the prosecution could not prove the methodology was reliable or testable.

If prosecutors want to use algorithmic evidence against defendants, they should have to disclose source code. #Law
https://www.mass.gov/files/documents/2024/02/20/m13499.pdf

@feld @ProPublica Don't become jaded. There absolutely are well-run charities who don't do what St. Jude is doing (sitting on piles of money while leaving the false impression that they take care of everything).

I'm seeing a ton of advertising on YouTube for St. Jude Hospital. I'm just going to leave this from @ProPublica right here.

"Only about half of the $7.3 billion St. Jude has received in contributions in the past five fiscal years went to the hospital’s research and caring for patients ... About 30% covered the cost of its fundraising operations, and the remaining 20%, or $1 of every $5 donated, increased its reserve fund."

https://www.propublica.org/article/st-jude-hoards-billions-while-many-of-its-families-drain-their-savings

CDC says you can skip the seatbelts if you think you’re a pretty safe driver.

#CDCSays

You can force the issue by screenshotting the post, tagging the author, and pasting a link. But no. @parismarx https://mastodon.online/@parismarx/111899328118659682

It’s #STFUfriday!

When cops ask you questions, ask for a lawyer and then STFU:

- I am not discussing how I’m doing or where I’m going.

- Am I free to leave?

- I am not answering any questions.

- If they ask to search anything: "I do not consent to a search."

- I want to speak to a lawyer.

Keep it simple. In the US, asking for a lawyer is the most powerful thing you can say. If you are in custody, the police are obligated to cut off questioning about *any* crime once you say this. /1

@ryanhoulihan Hey, what did I do? That was sincere.

@ryanhoulihan Hey, I’m sorry to see you go.

@ryanhoulihan Fair, but for my own edification which thing are you referring to? Trying to break the Writer's Guild strike? [Also, holding grudges over the course of decades is a personal strength of mine. I'm not going to give that up.]

It’s #STFUfriday!

Remember, when cops ask you questions, ask for a lawyer and then STFU:

- I am not interested in discussing how I’m doing or where I’m going.

- Am I free to leave?

- I am not answering any questions.

- If they ask to search anything: "I do not consent to a search."

- I want to speak to a lawyer.

Remember, when you invoke your right to a lawyer or to silence, you have to be clear and unambiguous. Even clearer than David here.