"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.