Know Your Rights Camp: New Orleans

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NEW ORLEANS RESOURCE MAP KNOW MY RIGHTS CAMP

“I KNOW MY RIGHTS” IF YOU ARE STOPPED FOR QUESTIONING • Stay calm. Don’t run, argue, resist, or obstruct the police. Keep your hands where police can see them. •

In Louisiana, you must identify yourself with your name and address if stopped by the police. If you refuse to identify yourself, you can be arrested.

Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, ask why.

IF YOU ARE STOPPED IN A CAR • Stop the car in a safe place ASAP. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel. Police do not need a warrant to search your car. You should make it clear that you do not consent to a search by repeating out loud, “I do not consent to a search.” IF YOU ARE SEARCHED BY THE POLICE • You have the right to refuse a search of your body, your car or you house, unless you are already under arrest or if the police have a warrant. If the police say they have a warrant, you should ask to see it. IF YOU ARE ARRESTED • You have the right to remain silent and to have an attorney present while you are questioned. Tell the police, “I want to remain silent. I want a lawyer.” ***Legal citations on which these instructions are based appear on the last page of this guide.


FREE LEGAL RESOURCES:

Southeast Louisiana Legal Services, New Orleans Office Provides free legal aid and civil legal representation for low-income people in Louisiana dealing with challenges involving domestic violence, government benefits, homelessness, child abuse and neglect, housing, and other issues.

1010 Common Street Annex Building, Suite 1400A New Orleans, LA 70112 (504) 529-1000 or 529-1008 https://slls.org/

Louisiana Center for Children’s Rights Defends children in the juvenile justice system through direct representation, connects children to the support systems they need to stay out of the justice system, and advocates for reform. 1100-B Milton Street New Orleans, LA 70122 (504) 658-6860 http://www.laccr.org/

The Pro Bono Project Assists low-income families and individuals in need gain access to lawyers who can help them resolve civil legal issues. 615 Baronne Street, Suite 203 New Orleans, LA 70113


(504) 581-4043 http://probono-no.org

Louisiana Civil Justice Center Provides civil legal assistance for low-income, elderly, and disaster-affected citizens through a toll-free hotline, court-based help desks, and community legal clinics. Legal Hotline: 1-800-310-7029 http://laciviljustice.org/

NEW ORLEANS PUBLIC LIBRARIES http://www.nolalibrary.org/

! Main Library 219 Loyola Avenue


Algiers Regional Library 3014 Holiday Drive Alvar Library 913 Alvar Street Central City Library 2405 Jackson Avenue Children’s Resource Center Library 913 Napoleon Avenue East New Orleans Regional Library 5641 Read Boulevard Cita Dennis Hubbell Library 725 Pelican Avenue Rosa F. Keller Library & Community Center 4300 S. Broad Avenue Martin Luther King Library 1611 Caffin Avenue Milton H. Latter Memorial Library 5120 St. Charles Avenue Norman Mayer Library 3001 Gentilly Boulevard Mid-City Library 4140 Canal Street Nix Library 1401 S. Carrollton Avenue Robert E. Smith Library 6301 Canal Boulevard


INDEPENDENT BOOK STORES: Community Book Center 2523 Bayou Road (504) 948-7323 https://www.facebook.com/Community-Book-Center-178125373443/

COMMUNITY GARDENS: For a complete list of community gardens throughout the city, check out Parkway Partners NOLA: http://parkwaypartnersnola.org/index.php/programs/urban-gardening/our-gardens/ Haley’s Harvest 1603 Oretha Castle Haley Blvd New Orleans, LA 70113 Magellan Street Garden 3320 Magellan Street New Orleans, LA 70114 http://small.tulane.edu/project/magellan/ Guerrilla Garden 600 Charbonnet Street New Orleans, LA 70116 http://backyardgardenersnetwork.org/ Laurentine Ernst Community Garden 601 Forstall Street New Orleans, LA 70117 http://backyardgardenersnetwork.org/ Mission Utopia 2921-23 N. Rampart Street New Orleans, LA 70117 Garfield Garden


7500 Garfield Street New Orleans, LA 70118 https://www.facebook.com/GarfieldGardenNOLA/ New Orleans Botanical Garden 5 Victory Ave New Orleans, LA 70119 http://neworleanscitypark.com/botanical-garden ReFresh Community Garden (SPROUT NOLA) 300 N. Broad Street New Orleans, LA 70119 (504) 535-6024 https://www.sproutnolafarm.org/ Whispering Wind 3701 Havana Street New Orleans, LA 70122 Gathering Tree 1020 S. Telamchus Street New Orleans, 70125 (504) 610-0376 https://www.facebook.com/pg/GatheringTreeGrowersCollective/about/?ref=page_internal Clouet 2921 Clouet Street New Orleans, LA 70126 Constance Street Community Garden 1344 Constance Street New Orleans, LA 70130 Old Aurora Community Garden 203 Maumus Avenue New Orleans, LA 70131


URBAN FARM & MARKETS:

Grow Dat Youth Farm 150 Zachary Taylor Drive (located in City Park) New Orleans, LA 70124 (504) 300-1132 http://growdatyouthfarm.org

Hollygrove Market and Farm 8301 Olive Street New Orleans, LA 70118 (504) 483-7037 http://hollygrovemarket.com

Our School at Blair Grocery 1740 Benton St New Orleans, LA 70117 (718) 415-0890 http://schoolatblairgrocery.blogspot.com

Crooked Works 925 Foucher Street New Orleans, LA 70115 (510) 883-1280 http://crookedworks.com/projects/covenant-farms


COMMUNITY HEALTH:

New Orleans Metropolitan Crisis Response Team Hotline: (504) 826-2675 For an extensive list of medical and mental health services and providers in NOLA, check out “A Guide to: Behavioral Health Resources in the Greater New Orleans Area,”

National Alliance on Mental Illness (NAMI) New Orleans 1538 Louisiana Avenue New Orleans, LA 70115 (504) 896-2345 https://namineworleans.org/

Children’s Bureau 2626 Canal Street, Ste. 201 New Orleans, LA 70119 (504) 269-2673 After-hours Cope line: (504) 269-2673 http://childrens-bureau.com

Essential Care Services (English, Spanish) 3901 Ulloa Street New Orleans, LA 70119 (504) 267-5712 24 hour Line: (504) 957-8982 http://essentialcarellc.com


Family Services GNO – Main Office (English, Spanish, Vietnamese) 2515 Canal Street, Ste. 201 New Orleans, LA 70119 (504) 822-0800 http://fsgno.org

Daughters of Charity Services of New Orleans 10 locations in Algiers, Bywater, Carrollton, Desire, Gentilly, Gretna, Kenner, Metairie, New Orleans East and Prytania (504) 521-7582 http://www.dcsno.org/

New Orleans East Louisiana Community Health Center 13085 Chef Menteur Hwy, New Orleans, LA 70129 Pediatrics: (504) 309-8390 Adults: (504) 255-8665 https://sites.google.com/site/noelacommunityhltctr/

Center for Hope Children and Family Services 5630 Crowder Blvd, Ste. 208 New Orleans, LA 70127 (504) 241-6006 Grace Outreach Center (English, Spanish)


2533 LaSalle Street New Orleans, LA 70113 (504) 368-9918 http://graceoutreachcenterno.com

Green Path International, Inc. 411 Broad Street New Orleans, LA 70119 (504) 827-2928 http://gpaddiction.org

NO/AIDS Task Force Organization (English, Spanish) 2601 Tulane Ave, Ste. 500 New Orleans, LA 70119 (504) 821-2601 After hours phone #: (504) 457-2711 http://noaidstaskforce.org

LOCAL ARTS PROGRAMMING AND CULTURAL CENTERS:

Ashe Cultural Arts Center An arts center designed to utilize culture to foster human development, civic engagement and economic justice in the African-American community 1712 Oretha Castle Haley Blvd New Orleans, LA 70113


(504) 569-9070 https://www.ashecac.org/

BMike’s Studio Be 2941 Royal Street New Orleans, LA 70118 Open: Wednesday-Saturday 2-8pm

Upturn Arts Open to all students and using a sliding scale fee model, the organization offers after school and day-long summer and holiday programming in dance, music, theater, improvisation, creative writing, drumming and yoga 1719 Toledano Street New Orleans, LA 70115 (504) 390-8399 http://upturnarts.org/

Contemporary Arts Center New Orleans CAC is a multidisciplinary arts center that organizes and presents exhibitions, performances, and programs by local, regional, national, and international artists. The Center has an Arts Camp for youth, as well as workshops for teens, a teen arts exhibition and zine, and a teen board. Free to children and students through grade 12 900 Camp Street New Orleans, LA 70130 (504) 528-3805 http://cacno.org/


The YAYA Guild at the YAYA Arts Center Offers after-school arts & entrepreneurship training for New Orleans teens 3322 LaSalle Street New Orleans, LA 70115 (504) 529-3306 https://www.yayainc.org/the-yaya-guild/

Broadmoor Arts & Wellness Center Offers counseling, early childhood and family programs, social services, and arts and wellness classes in one collaborative space 3900 General Taylor Street, Suite 226 New Orleans, Louisiana 70125 (504) 249-5130 http://www.broadmoorimprovement.com/copy-of-the-arts--wellness-center-

FREE COLLEGE/CAREER COUNSELING SERVICES:

JOB1 Business and Career Solutions at the Office of Workforce Development Offers youth services that include paid work experience, entrepreneurial training, leadership development, occupational skills training, work experience, mentoring, and other supportive services 3400 Tulane Avenue New Orleans, Louisiana 70119 (504) 658-4500


The APEX Youth Center The Center offers youth, primarily ages 12-18, job training programs and enrichment classes, tutoring and homework help, along with activities inthe arts, music, technology, and conflict resolution. 2039 Toledano Street New Orleans, LA 70115 (504) 358-2739 http://apexyouthcenter.org/

CafĂŠ Reconcile Free, 8-week life, occupational, and entrepreneurship skills training program for youth interested in pursuing careers in hospitality. 1631 Oretha Castle Haley Blvd New Orleans, Louisiana 70113 (504) 568-1157 https://www.cafereconcile.org/program/

College Track NOLA Works with students from underserved communities from the summer before 9th grade through college graduation, and provides youth with academic support, leadership training, financial and college advising, and scholarships. 2225 Congress Street New Orleans, LA 70117 (504) 577-2021 https://collegetrack.org/where-we-work/new-orleans


Youth Empowerment Project Offers SAT/ACT prep courses, job skills training courses, assistance with college applications, mentoring programs, and many other services 1604 Oretha C. Haley Blvd. New Orleans, LA 70113 (504) 522-1316 http://youthempowermentproject.org/

Take the Lead Foundation Offers youth a workforce readiness program, college preparedness services, career planning, and life skills coaching

Sojourner Truth Neighborhood Center 2200 Lafitte Street New Orleans, LA 70119 (504) 427-1714 https://www.tlfnola.org/


THANK YOU! A special thank you to BMike, Marie Bigham, Jody Owens, Ameer Loggins, Jackie Sumell, Katrina B., Nessa, Colin Kaepernick, and Christopher Petrella

***LEGAL CITATIONS: Information found in the Wallet Cards and Pamphlet: •

“In Louisiana, you must identify yourself with your name and address if stopped by the police. If you refuse to identity yourself, you can be arrested.” o

La. Code Crim. Proc. Ann. Art. 215.1 (a) ▪

“Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, ask why.” o

La. Code Crim. Proc. Ann. Art. 218.1 ▪

“A law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his name, address, and an explanation of his actions.”

“A peace officer, when making an arrest without a warrant, shall inform the person to be arrested of his intention to arrest him, of his authority, and of the cause of the arrest.”

“Police do not need a warrant to search your car.” o

Carroll v. United States, 267 U.S. 132 (1925) ▪

If a law enforcement officer has probable cause to believe that a vehicle has evidence of a crime or contraband located in it, a search of the vehicle may be conducted without first obtaining a warrant.

“The intent of Congress to make a distinction between the necessity for a search warrant in the searching of private dwellings and in that of automobiles and other road vehicles in the enforcement of the Prohibition Act is thus clearly established by the legislative history of the Stanley Amendment. Is such a distinction consistent with the Fourth Amend-


ment? We think that it is, The Fourth Amendment does not denounce all searches or seizures, but only such as are unreasonable.” (p. 147)

o

“Thus contemporaneously with the adoption of the Fourth Amendment we find in the First Congress, and in the following Second and Fourth Congresses, a difference made as to the necessity for a search warrant between goods subject to forfeiture, when concealed in a dwelling house or similar place, and like goods in course of transportation and concealed in a movable vessel where they readily could be put out of reach of a search warrant.” (p. 151)

“We have made a somewhat extended reference to these statutes to show that the guaranty of freedom from unreasonable searches and seizures by the Fourth Amendment has been construed, practically since the beginning of the government, as recognizing a necessary difference between a search of a store, dwelling house, or other structure in respect of which a proper official warrant readily may be obtained and a search of a ship, motor boat, wagon, or automobile for contraband goods, where it is not practicable to secure a warrant, because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought.” (p. 153)

Maryland v. Dyson, 527 U.S. 465 (1999) ▪

“The Fourth Amendment generally requires police to secure a warrant before conducting a search. As we recognized nearly 75 years ago in Carroll v. United States, 267U.S.132, 153 (1925), there is an exception to this requirement for searches of vehicles. And under our established precedent, the "automobile exception" has no separate exigency requirement.”

“You have the right to refuse a search of your body, your car or your house, unless you are already under arrest or if the police have a warrant. If the police say they have a warrant, you should ask to see it.” o

U.S. Const. amend. IV. ▪

o

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Chimel v. California, 395 U.S. 752, 762-62 (1969)


“You have the right to remain silent and to have an attorney present while you are questioned.” o

Miranda v. Arizona,384 U.S. 436, 444-45 (1966) ▪

“A similar analysis underlies the ‘search incident to arrest’ principle, and marks its proper extent. When an arrest is made, it is reasonable for the arresting officer to search the person arrested in order to remove any weapons that the latter might seek to use in order to resist arrest or effect his escape. Otherwise, the officer’s safety might well be endangered, and the arrest itself frustrated. In addition, it is entirely reasonable for the arresting officer to search for and seize any evidence on the arrestee’s person in order to prevent its concealment or destruction. And the area into which an arrestee might reach in order to grab a weapon or evidentiary items must, of course, be governed by a like rule. A gun on a table or in a drawer in front of one who is arrested can be as dangerous to the arresting officer as one concealed in the clothing of the person arrested. There is ample justification, therefore, for a search of the arrestee’s person and the area ‘within his immediate control’ – construing that phrase to mean the area from within which he might gain possession of a weapon or destructible evidence.”

“Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right to refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.”

“If you are stopped because the police say they have reasonable suspicion, they can detain you only for a short period of time while they figure out whether or not there is criminal activity.” o

Harrison v. State Through Dep't of Pub. Safety & Corr., 721 So. 2d 458, 463 (1998)


o

“The Court has developed the following test: : “[i]n assessing whether a detention is too long in duration to be justified as an investigative stop, we consider it appropriate to examine whether the police diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly, during which time it was necessary to detain the defendant.” U.S. v. Sharpe, 470 U.S. 675, 686, 105 S.Ct. 1568, 1576, 84 L.Ed. 2d 605 (1985). “The question is not simply whether some other alternative was available, but whether the police acted unreasonably in failing to recognize or to pursue it.” Id., 470 U.S. at 687, 105 S.Ct. at 1576; see also State v. Fauria, 393 So.2d 688, 690 (La.1981) (“Inherent in the officer's right to stop a suspect and demand his name, address, and an explanation of his actions is the right to detain him temporarily to verify the information given or to obtain information independently of his cooperation.”).

La. Code Crim. Proc. Ann. Art. 215.1(d) ▪

“During detention of an alleged violator of any provision of the motor vehicle laws of this state, an officer may not detain a motorist for a period of time longer than reasonably necessary to complete the investigation of the violation and issuance of a citation for the violation, absent reasonable suspicion of additional criminal activity. However, nothing herein shall prohibit a peace officer from compelling or instructing the motorist to comply with administrative or other legal requirements of Title 31 or Title 47 of the Louisiana Revised Statutes of 1950.”

Information found only in the Pamphlet: •

“If police say they have a warrant, ask to see it. The warrant should specifically describe what the police can do.” o

LA Const. art. I, § V ▪

“Every person shall be secure in his person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy. No warrant shall issue without probable cause supported by oath or affirmation, and particularly describing the place to be searched, the persons or things to be seized, and the lawful purpose or reason for the search. Any person adversely affected by a search or seizure conducted in violation of this Section shall have standing to raise its illegality in the appropriate court.”

“Evidence found during an illegal search should not be used against you in court.”


o

Mapp v. Ohio, 367 U.S. 643, 654–55 (1961) ▪

o

“We hold that all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court.”

Utah v. Strieff, 136 S. Ct. 2056, 2060–61 (2016) ▪

“Under the Court’s precedents, the exclusionary rule encompasses both the “primary evidence obtained as a direct result of an illegal search or seizure,” and, relevant here, “evidence later discovered and found to be derivative of an illegality,” the so-called “fruit of the poisonous tree.”


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