Genome's Guide to Getting Away With It
Hey guys - I had to drop my old account after my name got a little hot, so I'm back under my new handle. Anyhow, I've compiled this little ditty to help with some legal questions concerning Graff and John Q. Law. Hope it helps, and feel free to chip in with any additional information or comments you might have.
SECTION 1: SO YOU WANT TO GO OUT ON THE TOWN
You are planning to go out and paint - maybe solo, or maybe with some friends. Here's what you need to ask yourself: Do I trust the people I am painting with? Am I willing to risk getting in trouble with the law, either for my actions or those of my friends? Do I know the applicable laws, and penalties, for any crimes that I might perform tonight? If your answer is yes to all of these questions, then you're ready to pack it up and hit the streets.
Your first consideration is what you are bringing with you, and how. First, DO NOT BRING SKETCHBOOKS OR BLACKBOOKS WITH YOU. If you have a sketch you need for reference, carry it with your supplies, on loose-leaf paper. If searched, a blackbook is a full record of every crime you might have committed, witnessed, or planned. It gives police a full record of any aliases you might have, and, if you share your blackbook with others, other writers' aliases and contact information. Plus, if you need to ditch, do you really want to lose all that work? Absolutely not, so leave it at home.
Second, do not bring a cellular phone with you, or leave it off the whole time you are going out. I know many of us can't live without our cells, but this is a big no-no. In many places, police departments search cell phones for contact information, SMS messages for evidence of crimes being planned, etc. And you can't risk that somebody could actually message you while the cops are looking at your phone with a message like "Are we still meeting under the causeway to touch up the mural?" I saw one of my very good friends buy himself 300 hours of community service courtesy of the Detroit Police Department by receiving that very message while the cops were questioning him - funny, yes, but also deadly serious. So, again, leave it at home. And if you do bring it with you, password lock it, so the cops can't get in - you are not required to unlock your phone for a detaining officer.
Thirdly, don't bring a weapon with you - this is common sense, but I've seen people bring a knife or gun with them anyways. This is just fucking stupid - once the cops (legally) frisk you, if they find a weapon they have the right to search your entire person, including bags, car, etc. Don't give them P.C. - don't pack heat, even if you have a legal carrying permit.
Finally, do bring a business card for a lawyer you know, and preferably one associated with the local branch of the ACLU - if you do have a chance to fight back after being arrested, it will probably be because of a breach of your civil liberties and rights. Don't trust a court appointed lawyer who doesn't give a shit about you case - keep your own army of assholes in your back pocket.
Your second consideration is what to wear - don't wear Marc Ecko, don't wear clothes that scream "criminal," and don't wear shit with your tags scratched all over it. That's just fucking stupid. If you are standing in front of a throw-up that says "Knack," and you have "Knack" written on your hoodie, you just signed your own arrest warrant. Plain, non-sinister, comfortable dark clothing. Please.
Now, here's the most important advice in this whole essay: Put all this shit (except the lawyer's business card) in one bag, and don't keep any caps, pens, markers, cans, masks, gloves, or other supplies in your pockets. Your person is at risk of being legally searched, but with appropriate responses to police inquiry, your bag is not. Anything illegal they find on YOU gives them permission to open up that bag, and then you are fucked three ways from Tuesday. Also, if it's all in one bag, you can ditch your stash much more easily - and probably get it back in one piece later, too.
SECTION 2: APPROPRIATE BEHAVIOR BEFORE, DURING, AND AFTER PAINTING
Wear gloves, preferably a disposable variety. Paint on hands and clothes is probable cause for a stop, and a personal search.
Wrap your cans in a towel or something like that, and don't move when talking to the cops, unless they tell you to. Practice moving in a way that your cans don't rattle in your bag. More than a couple of courts have judged that police can search you and your property if they hear mixing balls bouncing around during a legal stop. So don't let them hear it. Simple.
Also, if you think the cops that just drove by saw you, MOVE. Sure, you're probably caught, but at least you won't be caught trespassing on private property when they swing back around. It gives them less right to search you, and gives you more chances to say that you haven't done anything wrong. And don't run from pursuing police unless you really, REALLY think you can make it. If they catch you when you ran, you've just entered a whole new world of ugly. I remember one time I shouldn't have ran and did - I got to spend an hour laying on the opposite side of a bridge pylon in a river in late September waiting for the cops to give up looking for me on the shore, and got to have a nasty cold for a week afterwards. If you run, you get wet, dirty, bloody, hurt, and still probably caught. And when you get caught they have something on you. If you don't run, you're able to weasel your way out of many nasty police encounters. Weigh the costs and benefits carefully.
SECTION 3: APPROPRIATE BEHAVIOR DURING POLICE ENCOUNTERS
Alright, you got nailed - maybe. Stay cool. DON'T FIDGET, and keep your hands where the cop can see them. No quick movements - the last thing you want is a nervous cop. Don't raise your voice, and answer all pertinent, non-incriminating questions promptly, calmly, and as honestly as will cover your ass. If you have identification on you (probably a good idea) you should present it if so requested by the police officer. Be respectful - the more you act like you have no reason to be upset, angered, or scared by this encounter, the less likely he's going to nail your ass. But don't overplay it, either... just stay calm and collected. If you were stopped in a car, and asked to exit the vehicle, lock it as you exit.
If he asks if you are carrying a weapon, or drugs, or "anything I need to know about," tell him no, in as straight-forward a way as you can - "No, officer" works pretty well. If he mentions graffiti, do not use any jargon or lingo that could raise his suspicions. If the police officer continues to question you, or asks to search you or your bag, remember the following phrase - "Am I being placed under arrest?" This is your safety question - if you are not being placed under arrest, you have the right to refuse any searches besides body frisks for the express purpose of finding concealed weapons and identifiable contraband. If the officer states that you are not being arrested (he'll probably add the phrase "at this time" on the end) state that you "do not consent to any searches." It helps to have witnesses when you say this, because uttering this phrase can save your ass in court. If he still insists on searching you, let him - he has the right. If he insists on searching your bag, refuse, stating again that you do not consent to a search of your property. However, do not physically prevent him from taking, opening, or searching your bag. If he does, he just got you off scott-free. And if you try to physically prevent him, you just entered a world of hurt. At this time, remember the following phrase - "Are you placing me under arrest at this time, or am I free to go?" Again, magical words that put a stop, legally, to most police encounters.
SECTION 4: SO YOU GOT SCREWED UP AND GOT ARRESTED
Something went wrong, and you just got arrested. Step one - shut the fuck up. Seriously. Don't say a word beyond identifying yourself and your home address. Demand to see your lawyer, the ACLU motherfucker with rabies and a hatred of "The Man," that you have a card for right now in your back pocket if you've listened to me at all. State that you will not answer any questions without your lawyer present.
It's time for me to let you in on one of the deep, dark, dirty cop secrets you don't see on Law and Order. The cops don't have to get you a lawyer at this point in many places. And you might not get your one free phone call. What they will do is say "Sure, that's a fine choice, probably best, waiting for your lawyer, we'll leave you alone." Then they will, for a while. And then five hours later they will show up, sans lawyer, and ask if you are ready to talk. Typically idiots will eventually decide with this method that they aren't getting a lawyer no matter what, and will start to talk. DON'T. We all know cops are often lousy and crooked, but don't let them get you talking. And if they promise you leniency for a confession, and you DO want to fess up, get it in writing, or they aren't obligated to give you shit. And they won't. Cops are fuckers.
SO REMEMBER
So remember these quick rules:
Carry everything you need in a bag, and bring nothing you don't need.
Don't run, and stay cool.
Remember the following phrases - "Am I under arrest?" "I don't consent to any searches" and "Am I free to go?"
Lawyer up and shut up.
If you have any questions about specific laws in the United States, feel free to message me or post here. I'm not living in the States any more, but I can probably direct you to someplace or someone who has the answers you need.
-Genome out.