EDITORIAL

Your Rights in Case of Arrest

One of the greatest dangers that the homosexual faces is ignorance of the basic rights he is guaranteed by the law. Much education is needed in this area in order to overcome fear, and to guard against illegal search and seizure and illegal arrest.

There is evidence in almost every State in the Union that persons are often seized without warrant, denied the right to post bail and prevented from contacting the outside world or a lawyer. This despite the guarantee of the 14th Amendment to the Constitution which declares: "Nor shall any state deprive any person of life, liberty, or property without due process of law."

In some cities arrests are made on trumped up charges of "suspicion of vagrancy and disorderly conduct" to bring people in for questioning.

What recourse do victims of such happenings have? They may bring a suit against the police for violation of constitutional rights. Another means is to complain to the police commissioner. A third means is to appeal to the courts for reversal of a conviction that resulted from illegal arrest.

Following are your rights in case of arrest. If some of the advice, formulated by competent legal counsel comes as a surprise, it serves again to remind us of the general ignorance of the law. ONE suggests study of these points; you might even want to carry them with you in your wallet.

1-If an officer tries to arrest you, he should have a warrant, unless a misdemeanor (minor violation) or a felony (serious violation) has been committed in his presence, or he has reasonable grounds to believe that the person being arrested is guilty.

2-If he has no warrant, ask what the charge is. If it is not as explained to you in #1 above, go along but under protest made before a witness if possible. DO NOT RESIST PHYSICALLY.

3-Give no information. You may, but you do not have to give your name and address. Do not talk to any policeman.

4-Q-Why did you commit this crime?

A

A--I'm not guilty and I'd like to see my lawyer before making a

statement.

Q-How long have you been a lewd vagrant?

A-I'm not guilty and I'd like to speak to my attorney, please. Q-Have you been arrested for this before?