Flex your Rights: The Top 3 things to do in Every Police Encounter: (and anon's #4-free)

Dealing with police in the U.S. can be a touchy situation, no matter who you are, where you’re going, or what you’re up to. That’s why three law enforcement experts attending the 2011 Drug Policy Alliance conference in Los Angeles decided to stage a panel discussion about what people can do to prevent police encounters from becoming seriously detrimental to one’s life. While the conversation was wide-ranging and covered a lengthy variety of topics, there were several main points they all made that can help every single person to deal with police in a manner that limits the potential for arrest or violence.

Be Cool & Be Aware

When confronting an officer during a traffic stop, exhibiting anger or frustration at the onset of the encounter can change the outcome dramatically. Remain calm, keep your hands on the wheel and do not reach for your license or insurance papers until directed to. Most importantly, be respectful and do not challenge the officer’s authority directly – that’s what the courtroom is for.

Keep Quiet & Assert Your Rights

The U.S. Constitution gives every citizen the right to remain silent, even under police questioning. Whether you’re under arrest or not, you do not have to answer police questions, and you are always entitled to a lawyer. Since police can legally lie in order to use a suspect’s words against them, silence is always the best option. Simply inform the officer in a respectful manner that you wish to remain silent and would like to speak with an attorney. You should also politely ask if the officer is detaining you or if you are free to leave. Once they say you’re being detained, which means you’re not free to go, then they must have reasonable suspicion to detain you. At that point you can say, ‘What is the reasonable suspicion that you have to detain me?’ Then they will have to articulate it.”

Never Consent To Searches (any kind!)

Thanks to the nation’s drug policies, invasive searches for contraband substances or firearms are commonplace – but this is also where most people get tripped up. While you cannot tell an officer that you won’t let them search your vehicle or your person, you can say you do not consent, which triggers important constitutional protections under the Fourth Amendment. They may still execute the search, but even if they find contraband or weapons, a lawyer has a better chance at getting the case dropped if you did not give permission.

HIGHLIGHTED IN YOUR MEMORY

Pro Tip (great one): If an officer asks you to empty your pockets, respectfully decline and reiterate that you do not consent to any search. Emptying your pockets is the same as saying you consent. The officer may still reach into your pockets if they claim to have felt something that may be a weapon, but by refusing you retain constitutional protections later on.

Source: www.rawstory.com...

I put this up today as I have seen so many threads about police and the people etc here on ATS but a lot of those stories and advice will just get you in trouble if you try to copy them or listen to the advice. This article I found can't say it any better. Read it, know it, Live IT!

There is no sense arguing with the cop or getting all worked up. If the Po-Po got you pulled over or stopped as a person etc (sometype of interaction between you and the cops) they already made up their minds that they had the legal right to stop you etc. So, the best thing to do is let the official process play out-and plan ahead for any legal confrontations and/or challegenes.

So, I feel there is one more VERY important thing that people need to know about and do when confronted by the cops and a legal action takes place from that encounter or you will to make a complaint against the officer or action.

That is: Collect Your Own Evidence While it is Fresh. Get the officers names and vehilce ID (if possible). Note the time of day, area you were stopped etc. Any witnesses standing by or in a nearby business, get their names and statements if possible. Take pictures-first of the general area and weather coditions etc, and then retrace your movements (documenting where the police officer was at or the first run in etc). Every little piece needs to be obtained before you leave the scene-while it is fresh. You have the right to do so-collect evidence in anticipation of a legal proceeding either by you or against you.

I know it sounds crazy but only because people don't do it enough. The more info you have the more ammo you got for your case/protection. It also demostates to the court that you are taking the matter seriously.

Any other ideas, please put them down here for us to see. Please keep them serious and on topic. thanks

Be Safe Out There...
(like the ole SGT at roll call in the old Hill Street Blues shows)

reply to post by anon72


This is really good information that most everyone could learn something from.

Don't forget to mention...Try to Avoid situations which would more likely put in the police situation to begin with.
Hanging in an unruly crowd..etc.
SnF

Geez, you guys buy anything.
Ok, so let me get this straight. You have to state that you do not consent to the search, but can't refuse, and you only get "certain constitutional protections later on" if you're doing something illegal. That's not good advice at all.

Oh, yeah.. and "cops can legally lie" if you don't "refuse to answer questions" and beg for a lawyer. If you refuse to answer questions and beg for a lawyer, they'll probably just lie anyway.

No one finds serious issues with any of this?

reply to post by MegaCurious


I think more like You can refuse we search your car BUT, then we will bring a drug dog here and it will do a walk around sniff/search. They'll get you...

reply to post by wutz4tom


I thought by our very nature we ATS members were "unruly"

Also, if possible address by name and rank "Officer Smith", "Trooper Jones" etc.. throws them off a bit- shows you know who they are, and also shows respect.

Are the cops up there really so serious? Why not make a friendly chat and see how it plays out! They are humans after all!

Here's a better tip..........

Don't break the Law.

reply to post by Vinterskogen


You don't have to break the law to have a run in with Law Enforcement. Especially with the "Safety Check Points" DUI Check Points< Child Safety Seat Check points.... on and on.

What if you just happened to "match a suspects description and vehicle"... that is always a good one...

Traffic stops and infractions are what is known in law as statue laws, these laws only apply to citizens of the USA as most are citizens by their voluntary actions they are subject to the laws of both the USA and the State.

So the question is: Why?
Why do you volunteer to be subject to a private law form, all statue laws are considered private law.
Why do you have to comply to these nonsense statues that are nothing more then revenue gathering to deprive you of true freedom as originally outlined in the Constitution.

Citizens have presumed rights, we do not have total rights, they the government with the passing of the 14th Amendment has usurped all natural rights, natural rights being the common law, or what some will refer to as Gods law. Presumed rights means you need permission ie permit to do anything from driving to carrying a gun, permits are nothing more then another revenue gathering tool used by them.

So what is the solution/remedy since it is voluntary, how can you stop volunteering?
The Congress has given us the lawful means to do exactly that, they passed and approved this process prior the passing of the 14th, this was done out of necessity in order for the courts to stand on the case of voluntary servitude. So the remedy lawfully recognized in every court system and by every official including the President of the USA is corrected status. Corrected status is available through PAC, PAC has been correcting status for over 12 years with no tickets, lawsuits or any negative efforts taken against them by the establishment, again this is because it is the only lawfully way to free oneself from the private system of law and place one back into the rightful public law, the common law, the organic Constitution with full rights and no permits required.

Start your journey to true freedom at www.pacinlaw.org
And look at my threads here on ATS, simple search for PAC will bring you to my thread, freedom awaits you.

This is sort of poor advice for where I'm from.

If you try to assert your rights, refuse searches, etc... you're going to be given a VERY hard time.

The best advice I can give someone for the cops out in Texas, is to look them in the eyes, smile, be polite, and consent to anything reasonable that they ask of.

You'll find at least 9 out of 10 cops in Texas just want to feel that you're "a good guy", and don't disrespect them. That's about it! If you work with them, they'll usually work with you.

I've gotten out of numerous potential DWI's, and much, much, much worse from simply being nice, smiling, and of course, always running through a few different scenario's for potential questions so that I have answers (lies) already thought out and ready to go!



I just realized after rereading the last paragraph, that the strict laws and procedures of cops may give way to sociopathic tendencies in otherwise normal individuals! I don't normally lie or put on a ton of charm for people...only when it's most necessary.

Sound advice all around OP. Echoes most of what is discussed on this page. For those of you saying to go ahead and allow the search, make small talk, etc. I suggest you read a few things and watch the vids on this page, it will explain why you NEVER consent to searches and always say as little as possible.

Remain Silent: What You Don't Say Can't Hurt You Police may try to get you to admit to having broken a law. For example, an officer may ask, "Do you know how fast you were going?" You may assert your 5th Amendment protection against self-incrimination by refusing to admit you might have broken a law. As such, the best answer to that and similar questions is "No, Officer." Because anything you say can and will be used against you in court, the less you say the better. You also don't want to announce to police that you know your rights. They'll take that as a challenge. Just keep quiet and calm.

Flex Your Rights

reply to post by anon72


That is a good point.

We get on the spot searches here in the UK for weapons, especially around London. As long as you don't look like a Chav/Gangster, then they tend to leave you alone.

I think my point is, that as long as you don't attract trouble, you should be ok, anyway.

reply to post by Vinterskogen


An even BETTER tip: "Always break the law if civil disobedience is needed, or the law is unjust."

Man does not rule me, despite what man may think. I rule myself via a strong intellect, good judgement, and a soft heart. Nothing else is needed, and I have managed to stay out of jail.

But I will ask no man for my liberty. Man has no right to my liberty. That was a gift from my creator, and I will act with liberty in everything I do, despite the law.

reply to post by bigfatfurrytexan


Well. not much can be said to add to that.

Other than Here Here....!!!

All in all, the advice is good.

reply to post by RedParrotHead

I think we can ask what needs to be aske,d yet not be so obvious as to get targeted...but you are right..if standing up for your rights means that..so be it

All in all just be smarter than a Marshmellow

reply to post by wutz4tom


You can't teach people common sense....

reply to post by D4nny


Some good info here, but I'm not sure I'd agree that the correct answer to "Do you know how fast you were going?" is "No, officer".

You've just admitted ("admitted") you were driving negligently. Otherwise you would know how fast you were going.

Originally posted by novuslibertas
Are the cops up there really so serious? Why not make a friendly chat and see how it plays out! They are humans after all!

Yes, often times they are. The OP is correct in advising not to volunteer information or say any more than is necessary. You have been stopped for a reason and they may be making every opportunity to add to the alleged offense or find others if in view. Do not consent to anything but do not physically resist any of their actions.

Originally posted by Vinterskogen
Here's a better tip..........

Don't break the Law.

General question - How many here are outlaws? Ok, a few I see that admit it. The rest then are either outlaws that don't realize it or are not US citizens or residents, or just very rare individuals. Laws in the US are such that you are almost assuredly in violation of some statute or another quite regularly. I have been told by LEO's that they could always find something to arrest me for if they cared to do that. That may be pressing matters a bit but I would not challenge them to find out.

As our Bigfatfurrytexan friend suggests, I live my life by my code of ethics and actions and I am not a cruel nor malicious person. Most people would agree I am a good person but I refuse to toe the imaginary line nor obey cruel or unjust laws, and there are plenty of those. As such and while in residence there I have cause to heed the OP's advice. I have, however, found it impractical to live in the US any longer and have not been there for several years.

I can appreciate those that consider the policeman is just another human doing his job, BUT, in a traffic or street-stop situation he will never regard you as his equal. As such I cannot regard him as just another fellow human. He still warrants my courtesy and respect, but if all things were equal we would not be having our little pow-wow at that moment.

reply to post by Open_Minded Skeptic


That may be true, however if you're doing 50mph in a 45mph zone, and answer "Yeah, I was doin' around 50." then you just admitted you were knowingly breaking the law. Remember that when they say "Anything you say can and will be used against you in a court of law", they really mean it...

reply to post by D4nny


Absolutely agree. However, if you say:

"I was indicating 45"

and are driving a vehicle with unmodified speedometer etc, then you are in a little better shape. Still probably going to get a ticket, but at least you have introduced a possible doubt - that your speedo is off. Which is, of course, still your responsibility to confirm, but again, if the vehicle is in decent shape, there is a reasonable justification to trust the instrumentation.

But at least you have not admitted negligence or speeding. Good article, in any case...