B u r n l o g

Did you or someone you know undergo an illegal search and receive a $525 citation from a BLM Officer or Ranger? An increased number of burners did this year. See below for a brief list of what you can do to cope with this situation in the future both on and off the Playa. Any other helpful (and legal) hints are welcomed.

This just in from Jack Rabbit Speaks:

Lawyers For Burners

Calling all Lawyers & Burners
A group of burner attorneys are mounting a grassroots project to challenge BLM citations that may have been issued WITHOUT probable cause and/or where consent to search was NOT freely given. If you or anyone you know was issued a federal citation from a BLM Officer or BLM Ranger at Burning Man 2007 and you are interested in contesting the citation then read on. Please note this only applies to BLM citations; not Pershing County arrests or citations for state law violations.

The same story has been recounted from numerous participants, and if the reports are true, then there seems to be a pattern. It goes something like this. Participant is stopped by BLM Rangers for no reason in particular, or for a very minor reason, and is then told that they have no choice but to allow a search. However, we believe there may have been violations of the Fourth Amendment in these types of an interaction.

Enough is enough! We are looking for attorneys to volunteer with contesting these tickets en masse. This will require getting the facts from each defendant, advising them of their options, filling out pro hac vice’s for each, and traveling to Reno for the hearings and trials. All of the attorneys can get together several evenings and weekends to tackle this project together.

Know Your BRC Rights
Here is a simple guide to conduct on the scene based on ACLU guidelines. Another great organization is Flex Your Rights (see the handy FAQ and, for TV junkies, watch a classroom style instructive video).

NOTE: To illustrate your rights, the following list lends itself to a worst-case-scenario viewpoint of abusive conduct. Apparently, some BRC cops are wiling to take advantage of people they know cannot or will not take the time and money to hire a lawyer and attend court in Nevada. However, these officers are a minority. Most officers are genuinely concerned with public safety and will not abuse their unique privileges.

• SEARCH: You are not required to submit to a search without probable cause (see also Wikipedia). An officer must see drugs or paraphernalia on your person or otherwise have reasonable cause to believe that a crime has occurred, is taking place, or will occur in order to legally search you. Again, police officers cannot search you in the default world or on the Playa without reasonable cause other than briefly patting down your clothing for weapons.
  (Is a light saber a weapon?)
• POLITE: Be polite and respectful. Never bad-mouth or argue with a police officer. Simply ask nicely if there is a charge being made against you and, if not, request that you’d like to be on your way.
  (If the officers’ faces are melting or look like muppets, it’s probably okay to discreetly ask for the nearest chill lounge or portapotty.)
• CALM: Stay calm and in control of your words, body language and emotions. Keep your hands where the police can see them. Don’t run. Don’t touch any police officer. Don’t resist even if you believe you are innocent.
  (Resist the urge to wander off to the nearest art installation or mutant vehicle rolling by.)
• STATEMENTS: Do not make any statements regarding the incident. Don’t complain on the scene or tell the police they’re wrong or that you’re going to file a complaint. Avoid lying if possible as officers are trained to catch it. Better to remain silent than to get caught lying which will exacerbate your situation.
  (The officers also don’t care what your complaints are about the ’07 burn versus pre ’96.)
• SCARE TACTICS: Be wary of intimidation and cornering. Harsh words and actions or advice to give up or allow a search because your buddy over there already admitted your guilt are often tricks. Remain calm and stay silent. Remaining silent is a legal right and is NOT considered in court to be an admission of guilt even if an officer might suggest otherwise.
  (If you’re David Best, go ahead and get arrested for open container in a mutant vehicle, only to enjoy a chummy greeting at the Gerlach sheriff’s station and watch as a rookie gets a hand slap! …ahem, so I hear anyway.)
• DETAILS: Remember officers’ badge & patrol car numbers. Write down everything you remember ASAP.
  (Try to focus beyond how kewl their outfits and ATVs are in terms of desert costumes.)
• WITNESSES: Try to find witnesses & their names & phone numbers.
  (…before they wander off to some art installation or mutant vehicle.)
• COMPLAINT: If you feel your rights have been violated, file a written complaint with police department’s internal affairs division or civilian complaint board.
  (Try to do this at home on paper and envelope, not a dusty shred of your shade structure or wrinkled paper bag your ‘shrooms are still in!)