Simple yet effective letter for Border Patrol and police and the like.

So when youre driving along, and come to a roadblock, or get pulled over for a "safety check" or whatever you wanna call it, what should you do? I found my own solution and want to see where everybody stands and what you think. My premise is to combat the unlawful behavior of our government and fight for my rights as a citizen. To basically stand up when people think its easier to just comply not realizing that were just sheep being held in line. To not stand strongly for the constitution which clearly protects your rights, that is clearly being trampled on, is just condoning the problem.


So, with that being said, i plan to give this simple card to the "authority" at the moment. I hope if this is a good idea, and it will spread. If not such a good idea, why? and how should i adjust to make it more effective. Any key points i fail to see? My intention is to comb everybodies thoughts to come up with an effective plan to protect my rights and those of others.

I would like to see more people recording their runins and having this simple card on their persons ready to be handed over. I am not a criminal and i will not be treated like one. Nothing has happened to me to make me do this, but then again, why should there be a reason. Preventative measures i say.

Anyway, without further adieu, here is what it says on the card. with a video example.



I hereby invoke and refuse to waive all the following rights and privileges afforded to me by the U.S. Constitution. I invoke and refuse to waive my fifth amendment right, the right to remain silent. Do not ask me any questions.
I invoke and refuse to waive my sixth amendment right to an attorney of my choice. Do not ask me any questions without my attorney present
I invoke and refuse to waive all privileges and rights pursuant to the case Miranda V. Arizona. Do not ask me any questions or make any comment to me about this decision.
I invoke and refuse to waive my fourth amendment right to be free from unreasonable searches and seizures. I do not consent to any search or seizure of myself, my home, or of any property in my possession. Do not ask me about my ownership interests and any property.
I do not consent to this contact with you. If I am not presently under arrest, or under investigatory detention, please allow me to leave. Any statement I make or alleged consent I give in response is hereby made under protest and under duress, and in submission to your claim of lawful authority to force me to provide you with this information.






youtu.be...

I got a better idea.
Don't be a jerk.

I'm not kidding. This one works real good. And in all situations.
If you greet the cop with smile and say. Hi how are you.
Usually you get a great response back from the cop.
He might even let you go on your way with a minimum of fuss or trampling of any of your civil rights.

I can guarantee this is 100% effective.

Why just the other day I was pulled over by a cop. And my license was expired.
I just was pleasant and courteous and treated the guy like a human being with a job to do. The cop didn't give me a hard time he just warned me and let me keep going and the best part was that I didn't even get a ticket.

So to sum up.

It's nice to be important. But it's more important to be nice.

reply to post by grey580


ive had that same thought all through my adult life, being nice is effective and does work. i say from my own experience. But my principles have evolved. Im not being mean, just exercising my rights. If he is decent, he will understand and applaud. i dont have to be nice to anybody looking for a reason to arrest me. Its not a game. Nor are our own rights in the constitution.

Originally posted by mactheaxe
reply to post by grey580

 

ive had that same thought all through my adult life, being nice is effective and does work. i say from my own experience. But my principles have evolved. Im not being mean, just exercising my rights. If he is decent, he will understand and applaud. i dont have to be nice to anybody looking for a reason to arrest me. Its not a game. Nor are our own rights in the constitution.

And many cops are decent. Some are not.

Sure you have rights. And you should assert them when necessary.
But if you are being pulled over by the cops. Do you really need to assert your rights right away.

What if he's just pulling you over because your tail light is out. Do you really need to hand him over that card?

Originally posted by grey580
I got a better idea.
Don't be a jerk.

I'm not kidding. This one works real good. And in all situations.
If you greet the cop with smile and say. Hi how are you.
Usually you get a great response back from the cop.
He might even let you go on your way with a minimum of fuss or trampling of any of your civil rights.

I can guarantee this is 100% effective.

Why just the other day I was pulled over by a cop. And my license was expired.
I just was pleasant and courteous and treated the guy like a human being with a job to do. The cop didn't give me a hard time he just warned me and let me keep going and the best part was that I didn't even get a ticket.

So to sum up.

It's nice to be important. But it's more important to be nice.

Your right! It does pay to be nice! However, what the OP is talking about are gestapo road blocks basically asking for you papers and violating your rights as a citizen.

Your example, although you handled it in the proper way and was let off because of that, is not the same thing as being prohibited from traveling freely.

You were pulled over, as you admitted, for screwing up.

What the OP is talking about is standing up for our rights as citizens of this country, not being pulled over for something NOT in violation of the law. BIG DIFFERENCE!

Also, if WE DO NOT stand up for our rights under the Constitution, who is going to do it for us? The government? Yea, right! That is EXACTLY why we are living in a growing police state at the moment, we have been complacent in standing up for our rights as citizens!

Not sure about you, but I get highly agitated when I see our Justice Department under Eric Heimler Holder, allowing illegal aliens to go free for crimes, while imprisoning citizens for the SAME crimes or less!

At this point in our countries history, you will either stand up for your rights OR get on your knees and contemplate your future as a slave........

reply to post by mactheaxe


Choose your battles is what I say. If you're at a highway immigration check or a traffic stop that had no issues before and drop THAT on the cop, you're likely going to jail if you stick to the letter of it. Failure to cooperate, failure to follow a lawful order, resisting arrest (when it comes time) and on and on.

If it's already gone bad or looks like it will, that isn't a bad letter...and I may just print one myself for the hell of it and toss it in the glove compartments of my vehicles for just such a 'already going to hell' situation. You never know...

I sure wouldn't turn an otherwise normal thing into a direct confrontation that way though....not when it could have been a 'have a nice day' at the check point or even a verbal warning on the traffic stop. Such a nightmare to start...IF ...it wasn't necessary.

Originally posted by seeker1963
Your right! It does pay to be nice! However, what the OP is talking about are gestapo road blocks basically asking for you papers and violating your rights as a citizen.

Driving is not a right.
It's a privilege.

I know that in Florida if a cop asks you for your license. You must provide it.
In Miami we have alot of people driving illegally. Many driving on a suspended license. No insurance papers. etc. And many of these guys that drive illegal usually end up committing hit and runs. Leaving people dying in the street.
So the police set those up to try and catch them.

The issue of conflict avoidance is a littley tricky. I can say what i need and do what they ask and go on my way. when that type of mindset becomes normal, they up it a little to where you go, wtf? oh well. then you get used to it and they up the ante again, so on.

My point being is those are the rights of everybodies in the U.S. It does not say "as long as you are polite the cops will go away in a min". it does not say...... FREEDOM to have the right to remain silent(unless the cop thinks youre a dick, then he can get ya.) Or FREEDOM to use my sixth amendment( unless youre an ass). and so on.

Point is these were made to be unquestionable, and undeniable rights for all of us in america. It does not give leeway to bend as long as theyre nice. unconstitutional is unconstitutional. black and white. Most of the laws out there are for control and bogus laws, does that mean i can get away with em? no. You know when to use that letter and when not to. common sense is not symantics.

reply to post by grey580


they still have to have a reason to stop you. random roadblocks are not reasons. lemme ask you about driving. if you need to go somewhere, you have ANY OTHER MEANS to travel long distances? ie 10 miles or more? you got a horse? how about a bike? maybe you got money for a taxi? these are other means, do we have the privilege of using those means? we have been bottlenecked into using vehicles and chastised for using any different. it is no longer a privilege IMO anymore but a necessity to effective commute and go about your day.

Having lived in Tucson for nearly 8 years, I have a bit of experience going through USBP checkpoints.

Here is my time tested method of getting through without any issues:

Don't be an a$$. Pretty simple.

The USBP has an insanely difficult job. They are paid (though not very well) to keep illegal border crossers and cartel smugglers OUT of the US... all the while working for an administration that constantly changes the rules keeping the playing field most definitely tilted against them. THEN, as if to add insult to injury, their work to keep these illegal entrants out becomes all for naught when the administration releases thousands of these criminals back to our streets.

The USBP officially has the worst job ever.

As bad as their job sucks, every contact that I have had with the USBP has been positive and professional. Instead of acting an a$$, try civility and courtesy... it goes a long way...

Originally posted by mactheaxe
reply to post by grey580

 

they still have to have a reason to stop you. random roadblocks are not reasons.

If they were randomly picking out people then I would have an issue with it. Profiling is a no no.

But there is legal precedent.

en.wikipedia.org...

In an effort to provide standards for use by the states, the National Highway Traffic Safety Administration subsequently issued a report that reviewed recommended checkpoint procedures in keeping with federal and state legal decisions. ("The Use of Sobriety Checkpoints for Impaired Driving Enforcement", DOT HS-807-656, Nov. 1990) An additional source of guidelines can be found in an earlier decision by the California Supreme Court (Ingersoll v. Palmer (43 Cal.3d 1321 (1987)) wherein the Court set forth what it felt to be necessary standards in planning and administering a sobriety checkpoint:
A checkpoint in the United States

Decision making must be at a supervisory level, rather than by officers in the field.
A neutral formula must be used to select vehicles to be stopped, such as every vehicle or every third vehicle, rather than leaving it up the officer in the field.
Primary consideration must be given to public and officer safety.
The site should be selected by policy-making officials, based upon areas having a high incidence of drunk driving.
Limitations on when the checkpoint is to be conducted and for how long, bearing in mind both effectiveness and intrusiveness.
Warning lights and signs should be clearly visible.
Length of detention of motorists should be minimized.
Advance publicity is necessary to reduce the intrusiveness of the checkpoint and increase its deterrent effect.

reply to post by grey580


i applaud making sure our streets are safe. however, my views go down to the depths. what i mean, we created the situations that require this kind of reaction(ie roadblocks). two, we are hypoctrites not to let others in our country when we so invasively took it, along with slaves from another country. we create our problems stemmed from highly rich, twisted, influential people(another story). It is the law enforcements job to find and deal with the bad guys. some run with it and create bad guys. it is our job to protect our own and ensure that just because i dont answer your question does not mean im a bad guy, i just dont know you and i wont allow you in my personal space. being nice is all and well, i applaud that. but since when are people chastised for being honest, and using what was given to them?

I have not been chastised, and i completely respect the opinions of others. however, were not playing with just a border patrol agent, or cop anymore. theyve been given ridiculous power over who pays for them. those agents are funded by the very institute up in office that i do not condone. catch the bad gusy, please do. however if we were to approach situations differently with a more common sense, practically thought out mindset...dont you think we would have less criminals? a criminal, to a point is ONLY made a criminal when someone makes a law.

reply to post by mactheaxe


I went through border check points at least 5 times over the spring break holiday and I found it much easier to just answers the guys simple question...

I was asked the following questions.

Check point 1
1. Is everyone is the car a citizen...
Answer ... Yes....
Have a good day.

Check point 2
See # 1

Check point 3
See # 1

Check point 4
1. How many people traveling today... answser... 5.
2. Is everyone a citizen... yes.
Thank you have a nice day.

Check point 5.
See # 1

I was never asked more than two questions at any check point.
I was never asked to step out of the car.

I was fully prepared to tell him to go pound sand if he asked me more than 3 simple questions or if he asked me questions about anything other than citizenship.

reply to post by mactheaxe

Perhaps you should check some of the legal sites which discuss this question. The Supremes have ruled that roadblocks are not unconstitutional in themselves, they have to fail certain tests to be disallowed. (Please reread the rticle which Grey580 excerpted.) How to behave at one? I think that's been answered by the posters here.

But what aboout your letter?

I invoke and refuse to waive my fifth amendment right, the right to remain silent. Do not ask me any questions.
I invoke and refuse to waive my sixth amendment right to an attorney of my choice. Do not ask me any questions without my attorney present
I invoke and refuse to waive all privileges and rights pursuant to the case Miranda V. Arizona. Do not ask me any questions or make any comment to me about this decision.

Sorry, those don't apply here. You're not under arrest. And you can't tell the police what they can't say.

I invoke and refuse to waive my fourth amendment right to be free from unreasonable searches and seizures. I do not consent to any search or seizure of myself, my home, or of any property in my possession.

That's fine, but why not wait until they ask?

I do not consent to this contact with you.

They already know that, nobody likes to be detained.

If I am not presently under arrest, or under investigatory detention, please allow me to leave.

Sorry, as the Supremes have ruled, temporary stops or detentions at roadblocks are constitutional (with my proviso above).

Any statement I make or alleged consent I give in response is hereby made under protest and under duress, and in submission to your claim of lawful authority to force me to provide you with this information.

I suppose that may be true (except for the duress part), but it doesn't mean anything legally.

In short, be nice until they ask to search.

I can see your point about asserting your rights. While it is true that if you are driving a motor vehicle and asked for your license by a law enforcement officer you do need to provide them, there is also the fundamental right to remain silent and not give any information. these two things seem to be in conflict with each other, but by accepting the privelidge of driving on a public road, you accept that you must provide the required documents on demand. I would think that any questions asked outside of that are still under the %th amendment and you do not have to answer. Of course this will delay your departure while you go back and forth with the officer trying to avoid the question. If that is how you choose to proceed, that is your choice to make. My experiences with the border patrol go the same way everytime. I am asked if I am a citizen, I reply in the affirmative. Then they ask my wife if she is there of her own free will, she answers yes and we are on our way.

so what im seeing, is im kinda wrong, and just let them do what they do. be nice and take it in the rear. your answers of, just let them ask you, scares me. why? because there goes what we are supposed to stand for. that is how i MYSELFsee it. i dont care the question, i dont care the reason. the fact is, if we want back whats ours, i dont see this as a "give leeway" deal. i see it as a problem that we cant even drive down our own american roads and be on our way without hav ing to deal with these guys. given most of em are nice and friendly, but when will that change.


so from this, i get that its a good idea in certain situations, but bad idea in others. figures.

reply to post by seeker1963


What kind of roadblocks are you talking about, soberity check points. There doing a job making sure people arn't driving under the influence. Most of the times there are road blocks the police have a pretty legitamate reason for having them. Be an ass all you want to them because it is just making there job more difficult. If you did nothing wrong there should be no reason to hand over this "card", once they realize you have done nothing they will let you go. Nothing against the OP but he just comes across as a person who just has something against law enforcement.

Story. My girlfriends son was walking down the street late at night, trying to make it home because his ride hours before didnt show up. cops stop him, question what he is doing, then proceed to search him without any warrant or warning. he sais what the hell are you doing? so two 200 lb cops take down a 130 lb person. he proceeds to stay in our county jail for how long without trial? or getting released? a month. ive seen the reports, and ive seen the testimony from both sides. wrongdoing and police brutality. i see videos on the internet of people wrongly handled by those in charge too muc. i will say this. my uncle is atlanta homicide det. he got there being a cop. i respect him more than most. not all police are bad because its like saying all blacks are bad. you just cant reasonably make a statement like that and be realistic without sounding ignorant. im saying for the situations that involve you knowing your rights and ensuring they dont get trampled on by someone who wasnt trained in law, but rather upholding whats trending around your district, county, or area. ive had plenty of runins with the cops and been completely honest and be let go. i treated them with respect and they treated me with respect. however, some situations arent like that. some situations you are allowed, have the right to, and should remind them of whats to be upheld. just like every child doesnt respond to the same punishment, cops are the same way. when SHTF i sincerely hope we have them on our side, until the meantime, me being a law abiding citizen, i shouldnt have to hope i dont have a run in because of my morals and integrity. ie, protection, freedom of speech, so on.

Originally posted by Wrabbit2000
reply to post by mactheaxe

 

Choose your battles is what I say. If you're at a highway immigration check or a traffic stop that had no issues before and drop THAT on the cop, you're likely going to jail if you stick to the letter of it. Failure to cooperate, failure to follow a lawful order, resisting arrest (when it comes time) and on and on.

If it's already gone bad or looks like it will, that isn't a bad letter...and I may just print one myself for the hell of it and toss it in the glove compartments of my vehicles for just such a 'already going to hell' situation. You never know...

I sure wouldn't turn an otherwise normal thing into a direct confrontation that way though....not when it could have been a 'have a nice day' at the check point or even a verbal warning on the traffic stop. Such a nightmare to start...IF ...it wasn't necessary.

I think the rabbit nailed it between carrots and beer....Got stopped for going rather fast in a 55 mph speed zone way out on the back roads...I had been to the range and had 3 pistols and 4 long guns with me........uh ......He was respectful as was I and we spent approx 20 minutes on show and tell about some of the guns he had never handled and liked...The officer offered to escort me through the immigration check point down the road I had to pass through...I just laughed and told him I usually shoot with some of those guys so not to worry about being hassled...I did not even get a ticket and made a friend who wanted to go do some pig hunting with us....every situation is different and as the man said, choose your battles well and fight to win.