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NO BASIS FOR WAR
Foil the Base — 12.00, Sat 22nd March, 2003.
A day of peaceful creative direct action, music, speakers and a tour at US military base Menwith Hill, Yorkshire. Supported by CAAB and CND
Legal Observer Guide
Prepared by The Midnight Special Law Collective (U.S). Slightly adapted
for U.K.
Legal observers watch and record the actions of all law enforcement officers.
The presence of legal observers helps keep people safe by discouraging
police attacks. Also, the information you collect can be useful in criminal
defense of protesters or in suing police or other government agencies.
The information in this guide is geared for legal observing at demonstrations,
but it is also important to watch police outside of protest situations.
Whenever you see police making an arrest or acting inappropriately, stop
and take notes. The police are at demonstrations to observe and deter
actions of the protesters. As a legal observer, you are there to observe
and deter the police. Even though protesters are usually more interesting
to watch, make sure you are paying attention to the police at all times.
Also, be careful to represent yourself to the police and media as an observer,
not as a spokesperson for other activists.Work in pairs to corroborate
each other's testimony and to keep each other safe. If one person is using
a still camera or video camera, their partner should be taking written
notes. And since people using cameras often get "tunnel vision,"
their partner should be keeping an eye out for danger or activity.
Preparation
Knowing what type of demonstration you will be observing (mass permitted
rally, small direct action, etc.) will help you prepare yourself appropriately.
If you are unfamiliar with the area where you'll be observing, spend some
time learning key street names and landmarks as well as orienting yourself
by compass directions. Also, make sure you have any phone numbers you'll
need handy: organizers of the protest, Legal Observer Coordinator, legal
team, legal support person, medical team, etc.
Practice
Television culture makes people very passive observers. To hone your active
observation skills, practice by taking notes or making a running commentary
of everyday events. You can improve your ability to estimate distances
by marking off increments on the pavement and memorising them, or by estimating
distances and checking them with a tape measure.
Equipment:
· Notebook(s)
· Pens (waterproof ink - it could rain)
· Watch
· Legal Observer Hat/T-shirt/Armband
· Extra water
· Optional
o Tape recorder (& extra tapes)
o Still camera (& extra film)
o Video camera (& extra film)
o Mobile phone, radio, or pager
o Extra batteries for all!
At large demonstrations, it is good to have a mobile phone, radio, or
pager so you can quickly communicate when someone gets arrested, to verify/debunk
rumours, etc. If you don't have one, try to team up with someone who does.
If there is a Legal Observer Coordinator, make sure s/he has your number.
If you are using a tape recorder or video camera, by law (in some places)
you must give people notice that you are recording them. However, you
don't have to announce it - having the device in plain view is notice
enough. Having a tape recorder and especially a video camera makes you
noticeable to the police.
In order to keep your notes, tapes, and film safe from the elements and
from overzealous police, you can periodically mail them to yourself or
to the legal team, or have a runner who can take sensitive footage (or
your whole camera) and run away with it.
Taking Notes
It sounds easy, but taking real-time notes when events are unfolding quickly
is a skill that takes some practice.
The information you collect could mean the difference between conviction
and dropped charges for activists. The easiest way to make your notes
useful for the legal team is to transfer them to a police misconduct report
or copy them in an organised, legible format. Do this as soon as possible
after the action, before your memory fades.
Number and date each page you take notes on and write "Privileged and Confidential" on top of each sheet. Do this before the demonstration. By each entry, write the exact time. If you are taking pictures, write the roll number and shot number by the entry to give it context.
Some things to note:
· Name, rank, badge number, agency, and description of each officer
present and the commanding officer (note if officers refuse to give this
information)
· Police equipment and weapons (body armor, shields, etc.)
· Which weapons police used and how (e.g. batons, horses used to
run into people, etc.)
· License plate of police or emergency vehicles or of any private
cars moving through the demonstration
· Police actions and demeanour (e.g. marching around rhythmically
thumping their leg armor with their batons, putting on or taking off gas
masks etc.)
· Detailed description of arrests and anything the police do that
seems messed up
· Any force used by police - pushing, shoving, blocking protestors
with their bodies, grabbing arms, tripping, striking people, etc.
· Any inappropriate language, including swear words, identity-based
insults (racist/sexist/homophobic, etc.), and rude language ("You
idiots," "Moron," etc.)
· Not warning people to disperse before arresting them, refusing
to let them disperse, etc.
· Warnings not audible and/or intelligible
· Exact date, time and location
o Include street names, address's, landmarks, what side of the street
you're on, etc.
· Name or nickname and affinity group of victim(s)
· Names and contact information of any witnesses, including members
of the media (corporate or independent)
· Routes taken by demonstrators and police
· If the police are blocking traffic - with their vehicles, hand
motions, etc.
· If bystanders are taking leaflets, talking with protestors, etc
· Statements made by police and civil officials.
Effective Camera Work
Much of this information was provided by Whispered Media. Visit them
at www.videoactivism.org.
Camera and Battery Care
Turning your video camera off and removing the battery will keep your
batteries going a lot longer than having the camera on standby or turned
off with the battery still attached.
Carry lens paper and clean your lens frequently.
Date/Time Stamping
Make sure to keep your video camera's date/time stamping function on at
all times. Before you begin recording, check to make sure the date and
time are correct. If you are visiting from another time zone, set the
camera's clock to local time. If you are using an audio tape or a video
camera without date/time stamping, narrate the information at the beginning
and end of each segment: "It's now 9:30am on August 14th, 2000 .
. ."
Lead Time
The tape at the very beginning and end of your cassette will have more
imperfections and sound/color irregularities. Allow one minute to run
at the beginning of a new tape before you start recording. If you are
near the end of your tape, and you like what you are recording, insert
a new tape.
Frame and Establish
Before (or after) shooting each event, pan in (or out) from street signs,
building addresses or other landmarks to prove your location. Shoot long
(10 or more seconds) shots for important scenes.
Consider shooting from better vantage points, such as from a second-story
window.
Audio
Even in the absence of a decent shot, the audio portion of your video
tape may provide evidence needed to win a case. Don't stop your video
just because you can't see well enough.
Labelling
Label your tape cassettes or film cartridges while you're in the field.
Include your name, date, time and location. Number each tape consecutively.
Keeping Footage Safe
People with video cameras are often targeted by police for arrest or abuse
- often they want to destroy the footage you took. If you are going to
be in high-risk situations, you may want to bring self-addressed stamped
padded envelopes with you so that you can drop completed tapes in the
mail to yourself (or the legal team).
Content
When documenting police brutality, remember that the lawyers representing
the State will be able to use all the footage on your video tape in court.
So, if you are shooting footage of police misconduct, replace your tape
when you are finished filming the scene. Don't film anything on the tape
that might take away from the incident your are documenting. For example,
if footage of police beating someone is on the same tape as footage of
protesters doing something that could be considered aggressive, the police
can claim they were using a reasonable amount of force considering the
dangerous environment. If you can help it, NEVER film protesters doing
things that seem illegal or dangerous. Also, announce to activists that
you have a camera and would like to start taping and ask if it's okay.
Don't take it personally if people are suspicious or hostile.
