"Know Your Rights” Presentation by American Civil Liberties Union

Introduction

  • Speaker: Abby, Development and Engagement Manager at the ACLU

  • Acknowledgment: Thanks to attendees for joining and introductions

  • Agenda Overview: Community agreements, Know Your Rights presentation, Q&A, and connection details

Community Agreements

  • Importance of Community Agreements: Foster a safe, respectful space for discussion.

  • Key Agreements:

    • Listen deeply and lead with curiosity and compassion.

    • Respect all shared experiences as presented. Use "I" statements when appropriate.

    • Personal details shared here stay here; no screenshots or recordings.

    • Disclaimer: Training does not constitute legal counsel; for educational purposes only.

    • No inappropriate language or hate speech.

ACLU Overview

  • History: American Civil Liberties Union (ACLU) Wisconsin formed about 100 years ago, upcoming 100th anniversary in 2030.

  • Organizational Structure: Part of a federated organization with national and state affiliates (around 53 affiliates).

  • Mission and Vision:

    • Newly developed mission and vision statements informed by staff and board collaboration during 2025-2030 strategic planning.

    • Focus on key issue areas:

      • Criminal legal reform

      • First amendment work

      • Immigration

      • LGBTQ rights and bodily autonomy

      • Strengthening democracy

Current Campaigns

  • Overview of active campaigns:

    • 2026 Voter Education Campaign – critical upcoming Supreme Court election.

    • Community Control Over Police Surveillance (CCOPS).

    • Know Your Rights Training Program (ongoing training).

    • Pregnant in Prisons Campaign.

    • Legalize Wisconsin Campaign.

Disclaimer

  • Speakers: Abby and Kate (both not lawyers).

  • Purpose: Education on ACLU's work and services; not legal representation.

  • Legal Question Protocol: Use the ACLU intake form on the website for civil rights violations.

  • Acknowledge the potential dangers during law enforcement encounters (injuries or fatalities).

Legal Rights Overview

Fourth Amendment

  • Definition: Right to be free from unreasonable search and seizure.

  • Key Aspects:

    • Restriction on government freedom of movement (e.g., arrest, detention).

    • Intrusion into personal belongings (searching bags, homes, vehicles).

  • Legal Standards:

    • Police require reasonable suspicion to stop/detain individuals.

    • They may frisk for weapons under reasonable suspicion.

    • A warrant (court order signed by a judge) is generally needed for searches unless consent is given or specific exceptions apply.

    • Example of consent: Allowing police to search personal property based on body language and communication.

  • Definitions:

    • Reasonable Suspicion: Articulable suspicion of ongoing or recent criminal activity (e.g., drug visibility, unusual behavior).

    • Probable Cause: Belief that a crime has more likely than not been committed (e.g., observed robbery, strong odor of drugs).

    • Legal Expectations: Reasonable expectations of privacy in certain locations; warrants are needed unless exceptions apply.

  • Exceptions to Warrant Requirement:

    • Consent.

    • Plain view (observation of illegal activity or items).

    • Emergency circumstances (hot pursuit).

    • During a lawful arrest (search area surrounding the arrest).

Fifth Amendment

  • Overview: Miranda rights and due process concepts; prohibitions on self-incrimination.

  • Exclusionary rule concept related to evidence gathered without proper legal process.

Police Encounters

  • Advice: Without legal representation, state desire to remain silent and request a lawyer when detained or questioned.

  • Importance of mental clarity during encounters with law enforcement; stress can hinder decision-making.

  • Practical guidance on what to do when stopped:

    • Remain calm, keep hands visible, avoid confrontation, and advocate for your rights without consent to searches.

    • Affirm your right to remain silent and request a lawyer immediately, especially if detained.

    • Use best judgment when identifying yourself (real name vs. nickname).

  • Recording Police Activity:

    • When witnessing police brutality, prioritize personal safety.

    • If possible, document events or record interactions from a safe distance.

    • Right to take photographs in public spaces; police cannot prevent lawful recording unless a lawful order or safety concern exists.

    • Note on privacy: If using face ID, disable that function before protests to safeguard access to your phone.

    • Ensure awareness of local laws regarding audio and video recording regulations.

Dispersal Orders

  • Definition: Police can issue dispersal orders during protests for compliance requirements.

  • Obligations: Police must provide reasonable time and opportunity for individuals to comply with dispersal orders.

Rights and Safety During Arrest

  • Remain calm and respectful; ask if you are free to leave or being charged with a crime.

  • You have the right to make a phone call even when detained; communication with lawyers is protected (privileged).

  • Importance of not providing personal information without legal advice; remain quiet to protect your rights.

Surveillance Overview

Current Technologies

  • Overview of technologies that enable police surveillance and monitoring:

    • Stingrays: Devices that imitate cell towers to capture data from nearby devices without consent.

    • Flock Cameras: Automated license plate readers installed on poles to track vehicle movements.

    • ShotSpotters: Detect gunshots using sound/vibration detection, sending alerts to police.

    • Drones: Used for aerial surveillance, equipped with tech for facial recognition, gathering real-time information.

    • Patrol Robots: Equipped with technology for surveillance and data collection in specific areas.

    • Facial Recognition Technology (FRT): Analyzes images for identification purposes, often biased against minorities, leading to wrongful arrests.

Social Media Precautions

  • Mindful Posting: Individuals should consider the implications of sharing info and images on social media, particularly regarding protests.

  • The potential for others' safety should be accounted for in media shared online.

Conclusion and Engagement

  • Offering additional resources:

    • Know Your Rights webinars training series and community activator networks.

    • Legal intake process for reporting rights violations.

    • Availability of Know Your Rights cards and additional resources at events.

  • Encouraging attendees to follow up for further information and to stay connected with ACLU initiatives.