with encounters with the Police....I am putting together information for myself and to give to others...surprising number of people have no idea about this issue... warning..this is long and no pictures...
It is best to realize that with the war on drugs and terrorism, the Police are now less Sheriff Andy Taylor and more Rambo. It is a very good idea to put cameras(many are reasonable priced) in your vehicles and use your cell phone to film any encounter with the law or any other incidence with others, no matter how small it seems. Although you may never have a serious encounter with law enforcement, it is very probable someone you care about will. Advise you review and pass on the information below to your love ones. .
Much of this information was obtained from online research and may not be applicable to all localities. The system does not allow Policeman much leeway to be wrong. Unfortunately this may lead to situations where they cheat in order not to lose their jobs. One has only to see how many innocent people are sent to prison and later released, to understand this point. It is important to realize that the Police are not your friends and have their own agenda. The issues may not revolve around truth and justice. The issue from law enforcement side may be about getting production and not losing their version of the truth at all costs.
It is also important to realize the Police are trained to be and can be violent. In our present system, they may not be held accountable for their violent acts. It is impossible to know if the Policeman you are dealing with is mentally healthy, so it is best to record them but not provoke them. It is a sad comment in the wake of 9/11, we have militarized our law enforcement public servants to the point that one could say the terrorist won. If you provoke the Police, they will overwhelm you with force and there is a good chance you will be injured.
Ten Rules If Stopped or Approached by the Police
1. Always be calm, cool, and polite, use common sense…
2. You always have the right to remain silent, so keep your mouth shut… --pull over immediately
--shut off your car --stay in car --if dark, turn on interior light --place hands on steering wheel
--when asked, give license and registration --if police interrogate or arrest, ask for a lawyer immediately
3. Do not consent to searches. (based on 4th amendment, if asked say “ I don't consent to searches”)... --never say “ I know my rights” --you do have to get out of car if asked --police have the right to ask you questions --you have the right not to incriminate yourself --police may search if they have clear cause to believe there is criminal activity
4. Do not get tricked... --police may legally lie, bully, trick, intimidate, threaten, falsely promise you, or pretend to be your friend and on your side, to get you to waive your rights --refusing search is your right, not evidence of guilt or gives police the right to search --never forget evidence can be planted, try to record event
5. Ask “Are you retaining me or am I free to go”... --you may terminate the encounter at anytime, you do not have to wait for the police to do it --tell them you want to leave to establishes the encounter is non voluntary, this can help in court later on --police will not like this, but will make them cautious about violating your rights --you cannot talk your way out of a police interrogation without a lawyer --remember you can say, “I'm going to remain silent, I want to see a lawyer”, then keep your mouth shut.
6. Don't draw attention to yourself… --no funky or provocative bumper stickers --no impolite behavior
7. Don't run…
8. Never touch a policeman...
9. Report(and if possible, record) police misconduct… --keep records of the encounter --write down order of events --remember and write down as much as possible about the policemen, but don't ask for badge numbers and don't say you are going to file a complaint.
10. Don't let police into your home, even if they appear nice and helpful. Even with probable cause, they require a warrant to enter a home. Say, “I can't let you in, without a warrant.” Again Police can plant evidence or can find evidence someone else left and you didn’t know about.
Pertinent Bill of Rights Info... --amendment 4-- unreasonable searches and seizure --amendment 5-- cannot be forced to testify against yourself --amendment 6-- right to counsel
Remember… --Police do not have to read you your rights, even if arrested --if injured by Police, be sure to get pictures (or record) as soon as possible, talk to other witnesses and compare notes or find out if someone else recorded the event. Get medical attention and get copy of medical records --carrying an ID is required for driving a vehicle only
It is best to realize that with the war on drugs and terrorism, the Police are now less Sheriff Andy Taylor and more Rambo. It is a very good idea to put cameras(many are reasonable priced) in your vehicles and use your cell phone to film any encounter with the law or any other incidence with others, no matter how small it seems. Although you may never have a serious encounter with law enforcement, it is very probable someone you care about will. Advise you review and pass on the information below to your love ones. .
Much of this information was obtained from online research and may not be applicable to all localities. The system does not allow Policeman much leeway to be wrong. Unfortunately this may lead to situations where they cheat in order not to lose their jobs. One has only to see how many innocent people are sent to prison and later released, to understand this point. It is important to realize that the Police are not your friends and have their own agenda. The issues may not revolve around truth and justice. The issue from law enforcement side may be about getting production and not losing their version of the truth at all costs.
It is also important to realize the Police are trained to be and can be violent. In our present system, they may not be held accountable for their violent acts. It is impossible to know if the Policeman you are dealing with is mentally healthy, so it is best to record them but not provoke them. It is a sad comment in the wake of 9/11, we have militarized our law enforcement public servants to the point that one could say the terrorist won. If you provoke the Police, they will overwhelm you with force and there is a good chance you will be injured.
Ten Rules If Stopped or Approached by the Police
1. Always be calm, cool, and polite, use common sense…
2. You always have the right to remain silent, so keep your mouth shut… --pull over immediately
--shut off your car --stay in car --if dark, turn on interior light --place hands on steering wheel
--when asked, give license and registration --if police interrogate or arrest, ask for a lawyer immediately
3. Do not consent to searches. (based on 4th amendment, if asked say “ I don't consent to searches”)... --never say “ I know my rights” --you do have to get out of car if asked --police have the right to ask you questions --you have the right not to incriminate yourself --police may search if they have clear cause to believe there is criminal activity
4. Do not get tricked... --police may legally lie, bully, trick, intimidate, threaten, falsely promise you, or pretend to be your friend and on your side, to get you to waive your rights --refusing search is your right, not evidence of guilt or gives police the right to search --never forget evidence can be planted, try to record event
5. Ask “Are you retaining me or am I free to go”... --you may terminate the encounter at anytime, you do not have to wait for the police to do it --tell them you want to leave to establishes the encounter is non voluntary, this can help in court later on --police will not like this, but will make them cautious about violating your rights --you cannot talk your way out of a police interrogation without a lawyer --remember you can say, “I'm going to remain silent, I want to see a lawyer”, then keep your mouth shut.
6. Don't draw attention to yourself… --no funky or provocative bumper stickers --no impolite behavior
7. Don't run…
8. Never touch a policeman...
9. Report(and if possible, record) police misconduct… --keep records of the encounter --write down order of events --remember and write down as much as possible about the policemen, but don't ask for badge numbers and don't say you are going to file a complaint.
10. Don't let police into your home, even if they appear nice and helpful. Even with probable cause, they require a warrant to enter a home. Say, “I can't let you in, without a warrant.” Again Police can plant evidence or can find evidence someone else left and you didn’t know about.
Pertinent Bill of Rights Info... --amendment 4-- unreasonable searches and seizure --amendment 5-- cannot be forced to testify against yourself --amendment 6-- right to counsel
Remember… --Police do not have to read you your rights, even if arrested --if injured by Police, be sure to get pictures (or record) as soon as possible, talk to other witnesses and compare notes or find out if someone else recorded the event. Get medical attention and get copy of medical records --carrying an ID is required for driving a vehicle only
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