Episode 27: DWB & Surviving an Arrest.

Am I free to go?

Driving While Black (DWB) is no secret to the black community. Dan explains how he and countless other black men feel when they see a police car behind them when driving. Dan and Becky detail some of their experiences being profiled by while driving

(11:40)
Are being detained and being questioned the same thing?
Ann explains what it means to be detained and what your rights are while being detained. Being detained in most states requires a reasonable suspicion that a crime has been or is about to be committed. Reasonable suspicion is extremely vague, probable cause can be even more vague.

Some key things to take away about being detained:
1. You can be frisked but the cops cannot go into your pockets.
2. You are only being questioned.
3. You are not Mirandized.
4. You are free to leave when you want to.
5. You do not have to answer any questions other than your name.

(22:40)
Being arrested, resisting arrest, and wrongful arrest:
1. If you are being detained and you try to leave but the police prevent you from leaving, you are effectively under arrest.
2. Anything other than complying is considered resisting arrest.
3. Sometimes complying is considered resisting arrest.

If you’re being wrongfully arrested (you didn’t commit the crime):
1. Do not resist.
2. Do not plead your case. It can be considered resisting.
3. Do not talk, period. Follow instructions.
4. You can plead your case in court, or with an attorney.

If you’re being rightfully (you did commit the crime):
1. Do not resist.
2. Do not talk, period. Exercise your right to remain silent.
3. The reason interrogations can last for hours is generally because the suspect hasn’t exercised their right to counsel. Do not answer ANYquestions without an attorney present. 4. While alone in an interrogation room, do not say or do anything! There are video and audio devices recording.

(43:35)
The Black Man’s Guide to Being Pulled Over.
These are some of the things you should do when you get pulled over. Although these tips apply to people of all ethnicities, our brothers and sisters should take the time to learn and teach their children how to respond to being pulled over because sadly, their lives may depend on it.

(56:55)
Ask an Attorney:
James in DC

I live in DC and I’ve been told that since we’re not in a state and have no representation that every crime committed is a Federal crime. Is that true?

(60:45)
#PodsInColor Shout out of the week:
Over Saturated The Podcast
Twitter.com/OversatPodcast
@Jon_B & @TheMindOfRalph discuss hip-hop, movies, and pop culture.

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