Jul 01, 2005 - 23:16:01 CDT
Some cultures think they are targeted by racial profiling, and their rights and property are at stake. To be able to protect themselves, they have to be pro-active and educate themselves and their families, those attending a workshop were told Thursday.Almost 40 people gathered at the Skill Center Exhibit Hall at United Tribes Technical College for a civil rights workshop sponsored by the American Civil Liberties Union of the Dakotas. Topics covered were searches and seizures, racial profiling, rights guaranteed by the Bill of Rights and discrimination in education, lending, housing and in places of business.
"You have to know your rights to protect yourself. If you know what your rights are, the less likely they'll be violated," said Rain Archambeau Marshall, workshop speaker from ACLU of the Dakotas.
The ACLU is hosting civil rights workshops all over North Dakota and South Dakota. The ACLU usually only handles one out of 500 cases submitted to them. That is why they want to give American Indians the information they need about what to do and where to go if their rights have been abused.
As discussion began, many of the participants talked about personal experiences and feelings of law enforcement targeting American Indians.
Kevin Mentz, a criminal justice student and president of the student council at UTTC, talked about a situation that happened to him in Bismarck last month.
After spending the night at a friend's house, Mentz lost the keys to his sister's car and was looking for them in the car at about 7:30 a.m. when two police officers pulled up. They were responding to a phone call about an aggravated man in a car parked on the wrong side of the road.
When the police approached the car, Mentz got out of the car and locked the doors.
He said the police officers were trying to get into the car and were threatening to break the window to search the vehicle. The police also claimed to have seen a marijuana-looking substance on the dash. They wanted Mentz to be tested for alcohol and to take hair samples to check for drug use, he said.
In the report, Sgt. Mike McMerty said he had noticed a minute substance on the dashboard that was suspected to be marijuana and some ashes. McMerty couldn't remember asking Mentz for hair samples or to be tested for alcohol, but did say it is a common question they ask people who they think are under the influence.
The car did have a combination entry code, but Mentz said he couldn't remember the code.
Because the car belonged to Mentz's sister the police called her and told her they wanted to search the car for drugs. She said no, and the police called for a drug dog to come and smell the car. It is a common practice for the police to have a drug dog search an area where there are drugs suspected.
Over the course of two hours, the police weren't able to find any drugs, nor did the drug dog. Mentz did receive a ticket for parking in a no parking zone. Police said, Mentz was free to leave the entire time they were searching his sister's vehicle.
After the police left, Mentz walked home, had the car towed, and had to buy a new key and have it programmed for the car.
He wrote the names of the three officers he dealt with that morning on his receipt for towing his car. "I just want to show them the receipt to say, 'hey, I wasn't lying about losing my keys and that I didn't have drugs and I don't use them,'" Mentz said.
He didn't file a complaint with the police department, and the case is closed.
While the workshop was being held at UTTC, the Bismarck Police Department was wrapping up two days of training on how to work with a diverse community.
Police Chief Deb Ness said, "We do not tolerate anybody discriminating against anybody." When complaints are filed against somebody on the force, there is an investigation, and if that person overstepped their boundaries, they are held accountable, she said.
If somebody wants to file a complaint, usually that person will be asked to discuss the situation with the officer's supervisor. If the matter isn't resolved, then the person can file a complaint. Next there is an investigation.
Ness said everybody has the right to file a complaint to bring a matter to her attention and make sure there isn't a problem.
To protect themselves, many officers have video cameras in their vehicles or carry tape recorders to have proof of what happens while on duty. This protects the officers and allows people filing a complaint to see or hear again what happened.
Being a criminal justice student has helped Mentz know his rights under the law, but his parents also have talked to him and his siblings about personal rights.
After graduating from UTTC, Mentz wants to major in tribal law and become involved in politics to help the residents on the reservations. Right now, he is focusing on staying away from trouble.
"I don't want to create any waves that may prevent me from getting ahead in the future, but sometimes I don't like to be harassed. I just have to take it one day at a time," he said.
Marshall explained that if police want to search property, or question somebody and that person says yes, they have waived their rights.
"The magic words are, 'no, I have that right to know why you want to do something,'" Marshall said. "Police have a tough job, but you have to know how to protect yourself."
(Reach reporter Kayla Cogdill at 250-8251 or kaylacogdill@bismarcktribune.net.)
Workshop dates
Other ACLU workshops will be held on the following dates and locations.
4 to 6 p.m. Sept. 8 in the Red River Room at the University of North Dakota.
10 a.m. to 2 p.m. Sept. 9 at St. Mark's Lutheran Church, 670 4th Ave. N. in Grand Forks.
For more information, call Rain Archambeau Marshall at 605-487-6282 or dakaclur@hcinet.net.
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