Black Male Empowerment 2010 at GSU

Attorney William K. Boddie, Jr.

WHAT YOU THINK YOU KNOW ABOUT

YOUR RIGHTS WHEN APPROACHED BY THE

POLICE

WHAT YOU THINK YOU WILL LEARN

ABOUT YOUR RIGHTS WHEN

APPROACHED BY THE POLICE

WHAT YOU LEARNED ABOUT YOUR RIGHTS WHEN

APPROACHED BY THE POLICE

What is the Definition of Being a Leader?

Is he a Leader? Why or Why Not?

Is he a Leader? Why or Why Not?

Are these Men Leaders? Why or Why Not?

MANHOOD

DefinitionOne who takes responsibility for his

family, community, and life.

Webster - The condition of being a human being.

CHARACTERISTICS

Honest, Bold, Courageous, Assertive, Focused, Balanced, Knowledgeable, Spiritual, Healer

EXAMPLESPaul Robeson Mike WeaverMalcolm X Keene WalkerDr. Martin Luther King Jr. Akil SecretJohnnie Cochran Gary AndrewsMinister Louis Farrakhan Rob DanielDerrick Boazman Mawuli Mel DavisiWilliam BoddieWekesa MadzimoyoDerrick RiceMike Kweku WebbDouglas EvansA.B. JihadRay Muhammad

NON-EXAMPLES

Weak, Passive, Pensive, uninformed, overly emotional, wife beater, child molester, dead

beat dad, race hater, scared.

MANHOOD

What Does Being a Leader Has To Do With Knowing Your Legal Rights?

1) Leader-Seeks Knowledge 2) Leader-Tries to Understand Knowledge that he

Seeks 3) Leader-Utilizes the Knowledge that he has

Learned 4) Leader-Shares his Knowledge With Others

The 4th Amendment of The U.S. Constitution

Unreasonable Searches and Seizures

"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 probable cause, supported by Oath or affirmation

and particularly describing the place to be searched and the persons or things to be

seized."

Jay-Z’s Interpretation of The 4th Amendment

So I...pull over to the side of the roadAnd I heard "Son do you know why I'm stopping you for?"Cause I'm young and I'm black and my hats real lowDo I look like a mind reader sir, I don't knowAm I under arrest or should I guess some mo?"Well you was doing fifty five in a fifty four""License and registration and step out of the car""Are you carrying a weapon on you I know a lot of you are"I ain't stepping out of sh_t all my papers legit"Do you mind if I look round the car a little bit?"Well my glove compartment is locked so is the trunk and the backAnd I know my rights so you gon' need a warrant for that"Aren't you sharp as a tack are some type of lawyer or something?""Or somebody important or something?"Nah I ain't pass the bar but I know a little bitEnough that you won't illegally search my sh_t"Well see how smart you are when the K-9's come"

How To Deal With The Police

Things To Remember… Do not answer any questions (except name and address) no

matter how trivial Answer questions with questions, (i.e. “Do you know why I

stopped you? What can I help you with officer?”) Do not physically resist (do not even touch an officer) Do not consent to any searches (of your body, your car, your

house, or your possessions) Keep personal and private items out of plain view of the police Be non-confrontational Determine if you can leave - “Excuse me officer, am I free to go?” Never run Officers are not your advocates don’t believe what they say…ask

for a lawyer Write everything down as soon as possible including officer’s

name and badge # and witness names and their contact information

Statements to Remember… I do not consent to a search Am I free to go I have nothing to say until I speak with my lawyer

The “I Watch Law and Order” Quiz

1. It is not a crime for you to throw a punch at a person’s face but miss.

True or False2. A charge of Family Violence Battery can only be made

if the incident involves a husband and a wife. True or False

3. A misdemeanor conviction can be expunged from your record after 7 years.

True or False

4. A felony conviction can be expunged from your record after 20 years.

True or False

5. A person can only plead under the First Offender once.True or False

The “I Watch Law and Order” Quiz

6. If you are with someone who commits a crime you can be charged as a party to a crime and face the same charges.

True or False

7. If you are convicted of committing two violent crimes you must be sentenced to life in prison without the possibility of parole.

True or False

8. Your driver’s license must be suspended if you are convicted of racing on highways and streets.

True or False

9. You can be convicted of Armed Robbery even if the gun is not real.

True or False

10. Certain criminal convictions could make you ineligible to receive a

Hope Scholarship for college. True or False

Domestic Violence Law(f) If the offense of battery is committed between past or present spouses,

persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence battery and shall be punished as follows:

(1)Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; and

(2) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant

shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. In no event shall this subsection be applicable to reasonable corporal punishment administered by parent to child.

To “Hit A Lick”16-8-41. Armed Robbery; Robbery By Intimidation

(a) A person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery.

(b) A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or by imprisonment for not less than ten nor more than 20 years.

Ten Years vs. One Month

The Cost Of Hitting A Lick$1,000 = 10 years10 years = 3,650 days3,650 days = 87,600 hours87,600 incarcerated hours for

$1,000 = $.011 (1 penny an hour)

The Slow But Safe “Grind”$6.25 an hour job40 hours a week4 weeks (1 month) you will

earn $1,000

Ballin’ YOU do the MATH

Would you buy a $500 TV for $6,872 plus 1 year in jail?

The Cost Of Kicking a Door

$500 (Flat screen pawned)

4 years probation $39 a month=

$1,872Attorney’s fees - $4,000Fines- $1,000

1 year in Prison= “Priceless”

The Slow But Safe “Grind”

$6.25 an hour job40 hours a week2 weeks you will earn $500

Expungement Law

O.C.G.A. § 35-3-37 provides a method of expunging an arrest record…this statute generally provides that a person is entitled, on request, to expungement if charges have been dismissed, dead docketed, or nolle prossed unless certain facts are present. O.C.G.A. § 35-3-37(d)(3) provides that an individual's record may be expunged "if the prosecuting attorney determines that the following criteria have been satisfied: (A) The charge was dismissed under the conditions set forth in paragraph (1) of this subsection; (B) No other criminal charges are pending against the individual; and (C) The individual has not been previously convicted of the same or similar offense under the laws of this state, the United States, or any other state within the last five years, excluding any period of incarceration."

Too Fast & Too Furious? Under Age 21

If you are under 21 years of age in Georgia and convicted of committing any of the following offenses, your Georgia driver's license will be suspended:

Serious Traffic Violations (Non-DUI)(1) Homicide by vehicle;(2) Any felony in the commission of which a motor vehicle is used; (3) Hit and run or leaving the scene of an accident;(4) Racing on highways and streets; (5) Using a motor vehicle in fleeing or attempting to elude an officer; (6) Fraudulent or fictitious use of or application for a license;

If you are under 18 years of age, an accumulation of 4 or more points within a twelve month period will result in a suspension of your Georgia driver's license for at least six months.

If you are 18 but under 21, any violation of 4 or more points will result in a license suspension for at least six months.

If you are 21 or older and accumulate 15 or more points in any consecutive 24 month period, your license will be suspended for one year.

Aggressive driving ......................................................................................... 6 points Reckless driving ............................................................................................. 4 points Unlawful passing of a school bus ................................................................... 6 points Improper passing on a hill or a curve ............................................................. 4 points Exceeding the speed limit by more than 14 less than 19 miles per hour ....... 2 points Exceeding the speed limit by 19 but less than 24 miles per hour .................. 3 pointsExceeding the speed limit by 24 but less than 34 miles per hour .................. 4 points Exceeding the speed limit by 34 miles per hour or more .............................. 6 points Disobedience of any traffic-control device or traffic officer ......................... 3 pointsToo fast for conditions ................................................................................... 0 points Possessing an open container of an alcoholic beverage while driving .......... 2 points Failure to adequately secure a load, except fresh farm produce,resulting in loss of such load onto the roadway which results in an accident .. 2 points

Violation of child safety restraint requirements, first offense ......................... 1 point Violation of child safety restraint requirements, second or subsequent offense ..... 2 points All other moving traffic violations which are not speed limit violations .......... 3 points

Is BMF a Rap Group or a National Drug Gang?

“Hey mom I am in a rap group (gang)”

In Georgia, a Criminal Street Gang is defined as: any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity.

Existence of “Criminal Street Gang” can be established by:

1) Common name 2) Identifying symbols, signs, tattoos,

graffiti, and attire

THANK YOU!