Posted on 08/07/2015 2:48:27 PM PDT by Responsibility2nd
Getting pulled over can make even the most law-abiding citizen's heart race. You should understand what you can and can't do.
~snip~
Read the rest of your rights when interacting with police below:
(Excerpt) Read more at businessinsider.com ...
Amendment IV – 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.
Whether you are a US citizen or not
● Consensual – casual conversation
○ Evidence level required – Zero
○ Freedom to leave – yes
○ ID required – no
○ Legal search – plain sight or consensual
○ Example: Officer knocks on door to ask if you saw anything
● Investigative Detention- Temporary detainment for further info.
○ Evidence level required – Reasonable Articulable Suspicion
■ Visible paraphernalia (Ziplocks, rolling papers, pipes)
■ Tools for B&E (Crowbar, slim jim, weapons)
■ Profiling (Paper tag, DARE/Police decals, College attire, Gangster attire)
○ Freedom to leave – no (approx. 15-20 minute max)
○ ID required – not in 26 states (exception: you’re a driver)
○ Legal search: frisk, plain sight, or consensual
○ Example: Officer sees you wearing a ski mask at night.
● Arrest – Taken into police custody
○ Evidence level required – Probable Cause or warrant
○ Freedom to leave – no
○ ID required – yes
○ Legal search: frisk, plain sight, consensual, or warrant
○ Example: Officer catches you breaking and entering
Best Practices to Exercising Your Rights Safely
○ Always be polite, respectful, and keep hands visible
■ Reduce Exposure to Suspicion
● Crack door/window unless ordered to open fully
○ Clarify it’s an order, a request is not an order.
● Keep questionable items out of plain sight:
○ prescription bottles / medicine
○ hookahs
○ rolling papers
○ measuring scale
○ firearms/weapons
■ Ask to leave often
● Omitting to ask = voluntarily staying
■ Ask for cause
● Officers must articulate observed suspicions
■ If requested to do anything, clarify you will if it’s “an order”
■ Record or immediately write down your encounter
● **disclaimer: Audio and video recording laws differ state by state
■ Report any violations of your rights
○ NEVER:
■ Lie or give false documents
■ Answer questions
■ Give permission to a search without fully reading a warrant
■ Argue, resist, run, or obstruct– even if your rights are being violated
○ Filming your encounter with police:
■ You may video and audio record police performing official duties in public.
● Officer may NOT:
○ Confiscate, demand to view, or delete without a warrant.
Individual may NOT:
■ Interfere with the officers’ duty [ex. “stand back!” do so]
■ Physically resist– if officer reaches for your device, do not resist, just report it.
Tricky Police: Police may legally lie, bluff, and intimidate you.
○ Most avoidable arrests occur from trickery and intimidation:
■ admission of guilt
■ consenting to a search.
○ Refusing a search or to answer incriminating questions are not:v
■ admissions of guilt
■ reasons to detain you
○ Miranda Rights are read only in “police custody”
■ visual: handcuffs
○ Common Police tricks:
■ Phrasing:
● “Have you had anything to drink tonight?”
○ Best response: “Respectfully officer, I don’t have to answer that.”
● “Not answering is suspicious, why are you resisting?”
○ Best Answer: “I’m not resisting, respectfully, I don’t have to answer anything.”
● “If you have nothing to hide, you don’t mind if I look around.”
○ Best response: “I’m sorry Officer, but I don’t consent to searches.”
● “If you refuse a search, I’ll have to call a K-9 unit.”
○ Best response: “Officer, are you detaining me, or am I free to go?”
Breath Tests to Determine BAC
○ Do you HAVE to take it? No, you have the right to refuse.
■ Be warned, refusal is an automatic, irreversible suspension of license (in every state)
○ Blood tests are more accurate, and require a warrant
○ Breathalyzers are tuned to the “avg” person
■ False positive factors:
● Smaller people
● Small lung capacity
● Diabetes
● Acid Reflux (GERD)
● Low-Carb Diet
● Inhalers
● Fumes (ex. paint, Ethanol gas)
● Roadblocks
○ DUI – Legality: protection from “imminent public danger”
■ Same rules as any other traffic stop
Border Patrol
■ Legal search – Agents may legally search anything without warrant
○ Drugs (It’s a Trap!)
■ The Supreme Court ruled random checkpoints for finding drugs are unconstitutional.
● “We cannot sanction stops justified only by the generalized and ever-present possibility that interrogation and inspection may reveal that any given motorist has committed some crime.”
● “Drug Checkpoint in 1 Mile” [sign] is a police trap, do NOT exit.
○ (visual of the sign near an exit cops/dogs are at exit, not 1 mile down)
○ Pull people over for:
■ Illegal U-Turns
■ Littering
■ Suspiciously exiting
YOU HAVE RIGHTS, Know them.
For your ping list.
Hookahs? Rolling papers? Scales?
This is meant to help drug dealers.
Are you a drug dealer?
Do you think other Freepers are drug dealers?
Learn the following phrases and use them as needed:
When the officer first approaches and you do not wish to cooperate:
I do not wish to be encountered.
Am I being detained or am I free to go?
Ask if you are free to go three times, if the officer does not say you are free to go then:
Unless you tell me I am detained, I will be on my way.
If you are detained, then use these:
I do not answer questions from law enforcement or agents of the state without the presence of my attorney.
I do not consent to any searches or seizures.
I wish to exercise my right to remain silent and not answer any questions.
Do you think other Freepers are drug dealers?
_________________________________________
Some are. Thanks for the question. I’ll ping Dware so he can ping his pot smoking pro-dope pinglist.
Beyond the usual jumped-up officialdom using their media fear-mongering megaphones, what’s the story with these announced ‘No Refusal DUI Checkpoints?’
The law and the Constitution haven’t changed for the weekend. Isn’t this wishful thinking on their part and/or an attempt to frighten the gullible?
I don't know any FReeper drug dealers. Dealing drugs, after all, is illegal. Most of us here are generally law abiding, tax paying, contributing members of society.
It seems outrageous that a uniformed officer can lie to trick you into giving up information yo have a right to withhold, but if a one give a false report back to the lying officer he is guilty of some violation. It seems as thought uniformed officers should be required to tell the truth at all times, public trust depends on it.
Later
Importantly, always remember that most police are just doing a rote job, likely bear you no ill will, and will let you go on your way, as long as you do not behave like a jerk. This is why you should be *reactive* to the police.
What this means is that as long as they behave as if this is a normal, rote event, you should act the same. Only if they start doing or saying abnormal things should you go into a defensive mode.
Speak as little as possible.
Thanks for posting.
“tax paying,’
Unless we can avoid them. Paying the least amount of taxes possible is a good thing.
“It seems outrageous that a uniformed officer can lie to trick you into giving up information yo have a right to withhold, but if a one give a false report back to the lying officer he is guilty of some violation. It seems as thought uniformed officers should be required to tell the truth at all times, public trust depends on it.”
There is never a basis for communication when talking to someone who is trained to lie and deceive, when of course you will be jailed for doing the same. The police are trained to deny you of your rights.
“Drug Checkpoint in 1 Mile” [sign] is a police trap, do NOT exit.(visual of the sign near an exit cops/dogs are at exit, not 1 mile down)
LOL we use to use this trick in the Border Patrol at the border between Oregon and Washington only our sign read "Immigration Checkpoint Ahead". About a mile down the road we would park an empty 'marked' van where it could be seen from before the last exit. If they just kept driving they got off Scott free as there was no one in the van. We were all set up at the off ramp and could respond if someone did a U-turn.
The tactic worked great after an hour or two our vehicle were full and we were off to the processing center.
I am sure the BP no longer conducts these operations because they would just have to let Obama's people go.
I am guessing that you have never talked your way out of a ticket.
These rights are great to know, but real life, I don’t think these things are going to be in your head when you get pulled over.
Here’s my short set of ways to stay out of jail;
1) Don’t commit a crime! Don’t buy or carry drugs, don’t drive drunk, don’t rob or kill anyone.
2) If lit up (blue lighted), don’t run, find the SAFEST place possible, don’t pull off half in the road, don’t pull into oncoming traffic, and don’t slam on your brakes in front of the police car, unless you want to see the vein in the officers head pulse when he comes to your window. If you can’t find a safe spot immediately, signal to the cop you understand (flashers), and proceed.
3) As soon as you pull over, shut off the car, take the keys out, and put them on the dash, turn on the interior light, and roll down the window. Put your hands on the top of the steering wheel. Do not move again until the cop gets to your window. You have now eliminated most of the cops fear. You are now 80% more likely to drive away in a few minutes without issue.
4) When the cop asks you for something in the glove box, or console, remind him that’s where it is before reaching for it.
5)If you have a CCW permit carry it in a 2 window card case below your license, and when handing your license to the cop point it out, and tell the officer if you do or don’t have a weapon in the car. Some will want to see it, most won’t because you have been up front about it, and it has broken the “ice” with a couple of cops for me, and we’ve ended up standing on the side of the road discussing favorite weapons.
6)Treat them with respect, and if the cop seems snarky, or angry continue to be polite and respectful. You don’t know if that cop just watched a junkie mother hovering over the body of a baby that she killed. His job is more dangerous than most.
I didn’t make these up, they partially came from a book called “A speeders guide to avoiding tickets”, written by a retired NY State Trooper.
I have not received a ticket since I read it, and that’s been 30 years.
The author’s main point was “alleviate their fear of you”. Cops don’t know, when they pull you over, if you’re a good guy, or if you’re going to shoot them in the face.
Taking away that question, ahs worked 100% of the time for me in at least 10 different states.
I know that different states are responding to drivers asserting their rights and subsequent lawsuits. In effect, it is an escalation of the “you will submit” vs the “I will exercise my rights”. So to try and get around the rights of the citizens, the police and lawmakers are attempting to push the issue.
There have been several tactical changes and intimidation tactics used to try and scare the citizens into being compliant. One of these is the passage of laws for “No Refusal DUI checkpoints”. It varies by state and sometimes even includes judges at the location to sign off on search warrants on the spot.
All cops have to say when you roll down your window is they believe they smell marijuana. I smoke zero anything and if they want to screw with you they can jut claim that regardless if it is true or not. The wont get fired and if they want to impound and take your vehicle by dicking around with you like this chances are they will have something to plant in your car during their search. They know they are trusted witnesses of the court and they are believed over your version of events.
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