How to (intelligently) deal with the police - part 1‏

[DeepseekerADS]

Let's not get political on this. The police are NOT our enemy.

Jason Richards 12/9/14

Police brutality has made the recent headlines everywhere. There are something that may get you into trouble when dealing with them even although you are completely innocent.

Here's a short list of do's and don'ts:

1. Keep your hands in view.

2. Don't make sudden movements.

3. Avoid passing behind them. Nervous police are dangerous police.

4. Never touch the police or their equipment (vehicles, flashlights, animals, etc.) - you can get beat up and charged with assault.
The police do not decide your charges; they can only make recommendations. The prosecutor is the only person who can actually charge you. Remember this the next time the police start rattling off all the charges they're supposedly "going to give you."

5. Questioning
Interrogation isn't always bright lights and rubber hoses - usually it's just a conversation. Whenever the police ask you anything besides your name and address, it's legally safest to (respectfully) say these Magic Words:

"I am going to remain silent. I want to see a lawyer."

This invokes the rights which protect you from interrogation. When you say this, the police (and all other law enforcement officials) are legally required to stop asking you questions. They probably won't stop, so just repeat the Magic Words or remain silent until they catch on.

Remember, anything you say to the authorities can and will be used against you and your friends in court. There's no way to predict what information the police might try to use or how they'd use it. Plus, the police often misquote or lie altogether about what was said. So say only the Magic Words and let all the police and witnesses know that this is your policy. Make sure that when you're arrested with other people, the rest of the group knows the Magic Words and promises to use them.

One of the jobs of the cops is to get information out of people, and they usually don't have any scruples about how they do it. Police are legally allowed to lie when they're investigating, and they are trained to be manipulative. The only thing you should say to police, other than identifying yourself, is the Magic Words: "I am going to remain silent. I want to see a lawyer."

Here are some lines they will give you:

"You're not a suspect - just help us understand what happened here and then you can go."

"If you don't answer my questions, I'll have no choice but to arrest you. Do you want to go to jail?"

"If you don't answer my questions, I'm going to charge you with resisting arrest."

"All of your friends have cooperated and we let them go home. You're the only one left."

Unfortunately, recently police are getting sneaky and there are lots of ways they can trick you into talking. Here are some scams they'll pull:

Good Cop/ Bad Cop: Bad cop is aggressive and menacing, while good cop is nice, friendly, and familiar (usually good cop is the same race and gender as you). The idea is bad cop scares you so bad you are desperately looking for a friend. Good cop is that friend.

The police will tell you that your friends ratted on you so that you will snitch on them. Meanwhile, they tell your friends the same thing. If anyone breaks and talks, you all go down.

The police will tell you that they have all the evidence they need to convict you and that if you "take responsibility" and confess the judge will be impressed by your honesty and go easy on you. What they really mean is: "we don't have enough evidence yet, please confess."

Jail is a very isolating and intimidating place. It is really easy to believe what the police tell you. Insist upon speaking with a lawyer before you answer any questions or sign anything.

The Golden Rule: Never trust a cop.

Next time, I'll show you more tips on how to protect yourself.

Stay safe. Stay prepared.
Jason Richards

 

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[ecoast]

very good

 

[littlewheaty]

lol you been watching berry coopers never get busted again

 

[Dirtfishinman]

Or you can run. It's only a misdemeanor if they catch you. But don't run away in your vehicle. That's a felony.LOL

 

[pong12211]

I agree I want a lawyer is your safest bet.They are educated on how to get you to incriminate yourself. Best bet keep your mouth shut and let someone more intelligent than you do the talking.

 

[DiggerGal]

And this topic is on Tnet why?
Let's not bash the men and women who serve to protect us. As I'm sure there some bad MDers or Treasure Hunters out there, also there are bad cops. None the less, there are more good than bad.

 

[pong12211]

I did'nt see any bashing. I believe this article is the truth. If it did'nt have some truth you would'nt have the RIGHT to remain silent ane to legal council.

 

[DeepseekerADS]

And this topic is on Tnet why?
Let's not bash the men and women who serve to protect us. As I'm sure there some bad MDers or Treasure Hunters out there, also there are bad cops. None the less, there are more good than bad.

First of all, this is the "Survival Forum". Good legal advice is essential for a reasonable path through this life of ours.

There was no "bashing" of the men and women who serve to protect us. The statement was made at the very beginning - "the police are not our enemy".

As stated, this is an intelligent way to deal with our interaction with police in those hopefully rare instances - extremely rare for me anyway.

 

[McKinney_5900]

My best friend went through criminal justice college back in the 1980s and he said the same thing, "Cops are not your friends during ANY questioning." It's taught to them in school just how to scam folks during questioning, and that certainly includes out right lies.

This is real life.

 

[Mackaydon]

The Golden Rule is not 'Never trust a cop' but 'don't do the crime'.
Ask for a lawyer then remain silent is fine, but in the meantime, obey the cop.
Don....

 

[DeepseekerADS]

Jason Richards
1:25 AM

How to (intelligently) deal with the police - part 2‏

Let's continue with our list of actions when confronted with police brutality.

The Miranda Warnings

The police do not have to read you your rights (also known as the Miranda warnings). Miranda applies when:
- there is (a) an interrogation
- (b) by a police officer of other agent of law enforcement
- (c) while the suspect is in police custody (you do not have to be formally arrested to be "in custody").

Even when all these conditions are met, the police intentionally violate Miranda. And though your rights have been violated, what you say can be used against you. For this reason, it is better not to wait for the police to tell you. You know what your rights are, so you can invoke them by saying the Magic Words, "I am going to remain silent. I want to see a lawyer."

If you've been arrested and realize that you have started answering questions, don't panic. Just re-invoke your rights by saying the Magic Words again. Don't let them trick you into thinking that because you answered some of their questions, you have to answer all of them.

Police Encounters

There are three basic types of encounters with the police: Conversation, Detention, and Arrest.

Conversation

When the police are trying to get information, but don't have enough evidence to detain or arrest you, they'll try to weasel some information out of you. They may call this a "casual encounter" or a "friendly conversation". If you talk to them, you may give them the information they need to arrest you or your friends. In most situations, it's better and safer not to talk to police.

Detention

Cops can detain you only if they have reasonable suspicion (see below) that you are involved in a crime. Detention means that, though you aren't arrested, you can't leave. Detention is supposed to last a short time and they aren't supposed to move you. During detention, the police can pat you down and go into your bag to make sure you don't have any weapons. They aren't supposed to go into your pockets unless they feel a weapon.

If the police are asking questions, ask if you are being detained. If not, leave and say nothing else to them. If you are being detained, you may want to ask why. Then you should say the Magic Words: "I am going to remain silent. I want a lawyer" and nothing else.

A detention can easily turn into arrest. If the police are detaining you and they get information that you are involved in a crime, they will arrest you, even if it has nothing to do with your detention. For example, if someone gets pulled over for speeding (detained) and the cop sees drugs in the car, the police will arrest her for possession of the drugs even though it has nothing to do with her getting pulled over. Police have two reasons to detain you: 1) they are writing you a citation (a traffic ticket, for example), or 2) they want to arrest you but they don't have enough information yet to do so.

Arrest

Police can arrest you only if they have probable cause (see below) that you are involved in a crime. When you are arrested, the police can search you to the skin and go through you car and any belongings. By law, an officer strip searching you must be the same gender as you.
If the police come to your door with an arrest warrant, go outside and lock the door behind you. Police are allowed to search any room you go into, so don't go back into the house for any reason. If they have an arrest warrant, hiding won't help because they are allowed to force their way in if they know you are there. It's usually better to just go with them without giving them an opportunity to search.

Reasonable Suspicion vs. Probable Cause

Reasonable suspicion must be based on more than a hunch - police must be able to put their suspicion into words. For example, police can't just stop someone and say, "She looked like she was up to something." They need to be more specific, like, "She was standing under the overpass staring up at some graffiti that hadn't been there 2 hours ago. She had the same graffiti pattern written on her backpack. I suspected that she had put up the graffiti."

Police need more proof to say they have a probable cause than to say they have a reasonable suspicion. For example, "A store owner called to report someone matching her description tagging a wall across the street. As I drove up to the store, I saw her running away spattered with paint and carrying a spray can in her hand."

Searches

Never consent to a search! If the police try to search your house, car, backpack, pockets, etc. say the Magic Words 2: "I do not consent to this search." This may not stop them from forcing their way in and searching anyway, but if they search you illegally, they probably won't be able to use the evidence against you in court. You have nothing to lose from refusing to consent to a search and lots to gain. Do not physically resist police when they are trying to search because you could get hurt and charged with resisting arrest or assault. Just keep repeating the Magic Words 2 so that the police and all witnesses know that this is your policy.

Be careful about casual consent. That is, if you are stopped by the police and you get out of the car but don't close the door, they can search the car and claim that they though you were indicating consent by leaving the door ajar. Also, if you say, "I'd rather you didn't search," they can claim that you were reluctantly giving them permission to search. Always just say the Magic Words 2: "I do not consent to this search."

If the police have a search warrant, nothing changes - it's legally safest to just say the Magic Words 2. Again, you have nothing to lose from refusing to consent to a search, and lots to gain if the search warrant is incorrect or invalid in some way. If they do have a search warrant, ask to read it. A valid warrant must have a recent date (usually not more than a couple of weeks), the correct address, and a judge's or magistrate's signature; some warrants indicate the time of day the police can search. You should say the Magic Words 2 whether or not the search warrant appears correct. The same goes for any government official who tries to search you, your belongings, or your house.

This should keep you legally safe form most of the aggressive cops out there.

Stay safe. Stay prepared.
Jason Richards

 

[Mackaydon]

For a change of pace, how about this one?
She hits cop's car, gets patrol escort to ill son - CNN.com Video
Don........
PS: I apologize for not staying with the flawed 'brutality' thread.

 

[TheCoinKid]

There's a saying in the legal profession "Innocence, is an absolute defense" I, personally, don't believe the "absolute" part, but I do think it gets you there the great majority of the time.