An idiosyncratic and non sequitorial examination of the contents of one head.

Thursday, October 28, 2004

Busted

I saw a documentary film today called "BUSTED: The Citizen's Guide to Surviving Police Encounters." It has changed my perception of the police. I always thought that they were here to serve and protect. This is true. My experience with the police has thankfully minimal and hopefully that will continue to be the case.

But you hear stories and they can't all be lies. And you never know what situations fate will offer up. Most folks have this idea that if you have done nothing wrong you have nothing to hide. I have always thought that too. But you must accept that when you interact with the police, they are not on your side. And often if you are looking for something (like evidence of wrong doing) it's very possible to convince yourself that you have found it. Hopefully, they are on the side of whatever they perceive justice to be. But you don't know. They maybe be corrupt, they may be abusing their power.

In some situations, they are not there to help you. They are looking for a reason to arrest you. That is what they are paid to do. So, you need to know your rights. If you give up your rights you cannot get them back. You are the only person that can protect them.

Things that I learned:

Be polite, be respectful but do not waive your rights.

Never run from the police. If you run you must be guilty. Running in some places if you run, they will shoot you.

Do not lie to them.

Be aware that they can lie to you. Do not believe them.
They will tell you that if you are honest, if you cooperate they will go easy on you. Don't believe them. You are helping them find reasons to arrest/convict you.
They will tell you that a signed confession will mean that you are released. It also means that they will put out a warrant for your arrest and use your confession as evidence to prosecute you. Ask to see a lawyer.

Do not invite them into your house. When you get out of the car close the door. Lock the door. Open doors and an invitation inside make it easier for them to persuade/coerce you into waiving your rights and letting them search your house or car.

Make it clear that you do not consent to search. They must have a warrant to search your house, to search your car to search your bag to search your person. If they have a warrant you can't stop a search. If they ask for your permission/consent it means that they don't have the authority unless you waive your rights and you give them permission.

It is very common for police to stop you and then look for lots of other reasons to detain you. Don't give them other reasons to hassle you. Do not confess to anything. Do not volunteer information.

Ask them if they are detaining you and why.
Ask them why they have pulled you over, do not admit to anything.

After they write you a citation or a ticket they have no further reason to detain you, you are technically free to go.
If they try to keep you longer, ask them if you are free to go.

If they do not charge you with anything and they do not have a reason to detain you, they can't keep you.
Ask them if you are free to go.

Respond to their question with a question.

Get their name and their badge number.

If the police trample over your rights file a complaint of misconduct.
If they threaten to call the dogs, let them call the dogs.

Do research, the law and your rights will vary from state to state, vary by town, by county.

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