You can’t do that! I know my rights!

Or do you? Or is your knowledge of your rights garnered from movies and TV?

[image source] (http://www.nzflagsolutions.coolnz.net/imagelinks/coatofarms.htm)

I used to get this a lot from kids when I worked in a high school.

Typically the rights they were claiming were the right to skateboard wherever I want and tag whatever I like. I was frequently threatened with arrest by Police for violating their rights.

I was more than happy for the cops to be called, and usually offered to make the call for them. This was in the days before cellphones were in common use.

Why? Because I know my rights, and more importantly I knew what their rights were.

This next point may come as a shock to many people. Take a deep breath, make sure you’re sitting down. Perhaps have a support person standing by.

Most countries in the world are not America. I know. It’s a shocking thing to contemplate. But it’s true.

And even more shocking those other countries don’t have the American Constitution. And in case you’re wondering, the Internet also happens in other countries as well. (OMG! Where will this all end?!!)

For the record, I live in a tiny island nation in the South Pacific Ocean. We are a western democracy with all the usual trappings that brings.

We don’t have a formal constitution.
NZ Consitution

We had no ‘war of independence’ (although some may view the Maori Land Wars like that). But we do have the Bill of Rights which sets out the rights of a citizen of the country and those subject to its laws.

And while there may be some similarities with the American Constitution in terms of intent, there are no ‘First / second / third / etc amendment’ rights.

Similarly NZ Police don’t have to read you your rights –the Miranda warning. That’s American law and has no application in New Zealand.

NZ Police caution
They do however have to tell you why you are being arrested. They must caution you that anything you say may be taken down and given in evidence.

You don’t have a right to a phone call. You do however have the right to consult and instruct a lawyer without delay.

For other countries the protocols are different.

If you are claiming your rights based on what you see on TV or in the movies, you are likely to find reality is far from what you expect, even if you are living in the US.

So take some time to learn what your actual rights are for the country you are living in. Knowing your true rights means you can calmly defend them when they are challenged, and it can also mean you know when you are overstepping them. So if you are pulled up when you know you are in the wrong, your best recourse is to say “it’s a fair cop gov.” pay the fine and get on with your life.

But please stop telling me you’ll sue me, or you’ll get me arrested, or that you have the right to trash my back yard with your skateboard, because you can’t and you won’t and you don’t.