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When Approached by Law Enforcement

by | Sep 29, 2021

What to do When Approached by Law Enforcement

The MOST IMPORTANT thing that can keep you legally safe is that you remain in 100% compliance to our Code of Ethics, and Code of Conduct, and remain in compliance with the ONAC Member Guidelines about the amount of sacred medicine you may carry, and the amount and type of medicines you can cultivate as sanctioned by the Church.

Here are some additional links to more information:

Information for Law Enforcement Officers

Information for Attorneys and Justice Department Officials

If at all possible, don’t travel with your sacred medicine. Safety first. This is especially true if you are flying. It isn’t worth the risk.

For those who must travel with sacred medicine, please take these reminders into consideration, and review them frequently:

  1. Always travel with your Membership card in easy access. Carry all paperwork given to you by your ONAC Branch or ONAC Medicine Person (this paperwork explains the medicine you are carrying, the amount you have with you, as well as your membership information for further validation that you are a member in good standing.)
  2. Be sure your medicine is out of sight in your vehicle and at home. We recommend purchasing an inexpensive lock box to store your medicine. It is also highly recommended to put an Oklevueha Native American Church sticker on the box.
  3. If stopped while driving:
    1. Roll down your window and be respectful and polite to the officer, regardless of their tone or attitude. Show them your license and registration, but DO NOT pull out your Membership card.
    2. If the officer claims he smells something, reply non-defensively, “I don’t smell anything.” If he claims he can see the lock box and asks about it, reply non-defensively, “Those are my personal belongings.” You do not need to tell him what is in a locked box, or anything else in your car, unless you are being officially detained or arrested.
    3. If the officer asks you to exit the vehicle or asks to search the vehicle, ask the officer, “Am I under arrest?” You are under no obligation to leave your vehicle just because you are asked. There needs to be probable cause and/or an arrest before you must exit the vehicle.
    4. If things escalate to the point where the officer searches your car and asks to you to unlock the box, you point to the Oklevueha sticker on the box and explain that the box belongs to the church. It is illegal for a law enforcement officer to search anything that belongs to a church because all church laws are Federal, and the officer does not have jurisdiction. Additionally, there must have a government compelling interest and an official Federal warrant to enable anyone to search church property.
    5. If the officer does find medicine and asks you about it, now is the time to pull out your Membership card. Encourage the officer to scan the QR code. This will take him to a page on the website outlining all your rights as a member of Oklevueha Native American Church. Again, we emphasize the importance of remaining calm, respectful, and polite. 99.9% of law enforcement officers have no idea about the laws protecting your freedom of religion. This page will educate them.
    6. Above all else, please remain in compliance with regards to how much medicine you have on your person and how much you are growing. You can review these important numbers in this page of the website: Sacraments – Personal Use Requirements and Limitations
  1. If officers come to your home:
    1. As stated above, be respectful and polite. Know your rights: just because they ask to search or enter your home, you are not obligated to let them in unless they have a warrant.
    2. If a warrant is produced, read the warrant first, before allowing the officers into your property. (It is highly unlikely this will ever happen)
    3. If things escalate to the point where the officer searches your home and asks to you to unlock the box, you point to the Oklevueha sticker on the box and explain that the box belongs to the church. It is illegal for a law enforcement officer to search anything that belongs to a church because all church laws are Federal, and the officer does not have jurisdiction. Additionally, there must be a government compelling interest and an official Federal warrant to enable anyone to search church property.
    4. If the officer does find medicine and asks you about it, now is the time to pull out your Membership card. Encourage the officer to scan the QR code. This will take him to a page on the website outlining all your rights as a member of Oklevueha Native American Church. Again, we emphasize the importance of remaining calm, respectful, and polite. 99.9% of law enforcement officers have no idea about the laws protecting your freedom of religion. This page will educate them.
    5. Above all else, please remain in compliance with regards to how much medicine you have on your person and how much you are growing. You can review these important numbers in this page of the website: Sacraments – Personal Use Requirements and Limitations
  2. Should you find yourself in a situation where none of these methods have worked, please contact [email protected] immediately, so we can assist you in strategizing your defense. Note: coming to Mother Church does not mean you will receive legal counsel or funds for your legal defense.