geekfactory

Hey gang...

So let's say that hypothetically, I was helping one of the groups protesting the RNC in NYC. (One of the "green" or "not threatening" groups, according to the news...)

Anyhow, let's say I was helping them out, and was handling media for them onsite, during the protests.

Let's say I happened to get arrrested. Say, disorderly conduct or civil disobedience, or disturbing the peace, or whatever bogus charge the cops are using in NYC these next few days...

If I did, how would that affect me re: buying tickets, SSSS, traveling as much as I do? I'm on the road about 200k a year or so for work - would my arrest show up anywhere? Passport/Immigration? Etc?

From a "Background check" standpoint, can the airlines/Immigration, etc. run the history and see my arrest? Or find out that I'm now a "civil disobedient" or whatever? And if so, is that going to screw me the next time I'm late for a flight and have to get cavity searched?

Again - hypothetically.

Thanks,

-Peter

murphy

I am not a lawyer, and I don't know the answers to all of your questions, but it may affect your eligibilty for INSPASS. The official line seems to be "Access to INSPASS is not available to anyone with a criminal record or to aliens who require a waiver of inadmissibility to enter the United States." Don't know if they include misdemeanors when considering a criminal record. It's also not clear whether an arrest keeps you from getting one, or only a conviction.

It shouldn't affect how frequently you get the SSSS, or your ability to purchase tickets. I also find it difficult to believe that customs or immigration have the ability to look at your arrest record. They can't even get all the terrorist watch lists combined!

That said, I wouldn't have believed that the FBI's Joint Terrorist Task Force would be monitoring antiwar activists prior to the conventions. They did, though.

grouse

An arrest without a conviction does not constitute a criminal record.

boilermaker

If you get arrested, let us know. Some of us can bake a cake with a file in it and send it to you

cordelli

Yeah, because people have the right to stop traffic, beat up other people's cars, and destroy shop windows to get their point across.

The 264 bicyclists arrested yesterday for their illegal demonstration, blocking the street, and destroying a Mercedes, those were all probably bogus too.

The naked people in the middle of the street on Thursday - they should have been left alone, it's not like 7th ave is an important enough street to worry about naked people stopping traffic on it.

All bogus charges. And Sunday, when thousands will probably end up in plastic cuffs, those will all be bogus too.

alanw

Anyway, geekfactory, I wouldn't sweat it too much. Suffice to say that I have a, um, colorful past, with numerous arrests (and convictions!) for offenses such as that in your example back in 41's day. Never been an issue traveling, crossing borders, renewing passports, or working for companies that do criminal background checks.

Of course these days Field Marshall Ashcroft is liable to pack your ... off to Gitmo for "hating america", so things may be different now.

stut

Again, IANAL, and I'm not au fait with the American justice system, but there's a BIG difference between being arrested and being convicted of an offence. The former frequently happens in error, is down to the subjectivity of an individual police officer, and should have no bearing on your treatment in any other respect. The latter is a different story. It certainly can happen in error, but you've at least had legal access and a trial to back it up, with some burden of proof.

If you are suddenly denied travel, or are subject to extra security measures on the basis of a simple arrest, then I'd be extremely concerned as to the nature of the justice system concerned.

Of course, those of us who have suffered from mental illness have a whole new set of obstacles. Indefinite imprisonment, police records (despite no crime), and visa restrictions, to name but a few.

Sorry, rant over.

kdinino

Amen Cordelli! I thought I was the only NY-er who thought this.

hhonorman

An arrest, regardless of whether you were convicted or not, will remain on your record for life unless you get it expunged (which is very difficult). You record will indicated whether you were convicted, found not guilty, or whether the case was dismissed. It will also show whatever fine or penalty was imposed. I am not sure how it will affect your ability to travel. However, even if you are not convicted, whoever runs a criminal background check will be able to tell that you were arrested. That'll stick with you for life. Many places, such a licensing boards, etc, ask about whether or not you've ever been "arrested", and if so, please explain. Depending upon your lifestyle, it could be a stain that lasts a long time and be much more of a hassle than it was worth.

Protest all you want, just keep it civil enough so that you don't bring on a headache you'll later regret.

hhonorman

Sorry, duplicate post.

geekfactory

Hi...

Thanks most of you for the ensightful and helpful information - I did not get arrested, (not even close,) however, the group I was working with did achieve placements on CNN, MSNBC, NY1, NBC, ABC, CBS, Fox (Yes! Even Fox!) and tons of print media, including photos from the AP, Reuters, UPI, Knight-Ridder, and Black-Gamma.

Thank you all for your advice. From a PR perspective, I'm quite happy. Looking at the above placements, I couldn't have asked for a better day.

(Oh, and in case the naysayers are wondering, these placements were achieved without any of the group for whom I was consulting getting arrested, breaking anything, stopping any traffic outside of the protest march route., etc., etc., etc.)

-Peter

ewrfox

Since I was at the protest you can read about it in Omni, one of the many groups that was there gave out a pamphlet, and it talks about What your Rights Are, and what you should do if you are arrested, or sees cops being to aggressive and is arresting fellow protesters… It was handed out by the “National Lawyers Guild” NYC Chapter… I have it with me, maybe in the morning I’ll scan it… But basically it says to call them..

Sorry this is a bit OT lol