Guide to Surviving Police Encounters

[mystikast]

Hello everyone, I have spent a lot of time writing this guide in hopes it may help some of you, please enjoy.


The Citizen's Guide to Surviving Police Encounters

Dealing With Police on the Road
When First Pulled Over
1) Pull off to the edge of the road safely, minimizing possibility of collision from passerby's
1a) Officers like to see this for your safety and their's
2) Turn the car off
3) Roll down the window enough to converse and pass documentation
3a) This makes it very difficult for an officer to "stick his nose" into your business and also prevents him from peeking his head in to get a better view of what is going on
3b) It also makes it hard for him to claim he "smells or sees something"
3c) If an officer asks you to roll down your window, do it.
4) Place your hands on top of the steering wheel
4a) Officers like to see this for their safety
5) Do not retrieve any documentation until the officer asks you to see your paperwork

When speaking with the officer
1) Do not answer incriminating questions
1a) Answering even one question waives your fifth ammendment right for the remainder of the encounter
e.g. If an officer asks "do you know why I pulled you over?" simply say "I do not know".
Do not say "I guess because I was speeding" or anything to that degree!
2) Begin the conversation with the officer as such "Good evening officer, why did you pull me over?"
2a) This is an important move, often officers will play "gotcha games". You cannot be intimidated by compound questions such as "if you don't have anything to hide, you don't mind if I look do you?" Do not play into his games because you can't win. If you answer no to this question, are you answering "no, I do not have anything to hide, go ahead and search" or "No, I do mind if you search my car officer". This is why you must say "I do" or "I do not". Do not answer in a "yes" or "no" fashion.

When out of the automobile
1) If an officer asks you to exit your automobile, roll all windows up and lock all the doors
1a) If an officer probes as to why you have done this, simply say "its a habit"
1b) If he probes further, remain silent, just because he talks a lot does not mean you have to do so
1c) Leaving your car door open will make you an easy target for a search
2) If it seems no progress is being made and the officer is simply browbeating you with probing questions and commands, ask "Are you detaining us officer or are we free to go now?"
2a) Asserting your rights will alarm the officer that you are aware of what you can do and what he cannot do. This will force the officer to be much more cautious
2b) Respond to an officer's probing question with a question of your own, this also prevents you from incriminating yourself, and will put you in control of the situation, rather than waiting for the officer to be done with his "gotcha games"
3) Do not be intimidated by threatening tactics, your rights do not disappear just because an officer is threatening you (even with "calling in the dogs")
4) Remember: refusing does NOT give the officer the legal right to search your automobile, or even to detain you

Finally, at the end of the encounter you do only get a traffic ticket, do not protest it! Never complain when things could be much worse!
Never let an officer convince you he will rip up your ticket if you consent to a search! If this happens, just accept the ticket; you can always contest it later in traffic court! Being in traffic court is always better then being in criminal court...

When can an officer search my car?
An officer can search you car when he has "reasonable suspicision" and "probable cause" to do so, an officer's hunch is simply not enough.

Probable cause arises most often in a traffic stop in relation to the "plain view rule". This means that if an officer sees or smells anything incriminating, he may search you car without a warrant.

Most police searches occur not because an officer has probable cause, but because individuals unknownlingly give up their rights through self-incrimination or intimidation.

In most states officers are NOT required to tell you of your legal right to refuse to consent to a search, it is up to you to assert this right.

Do not try to calculate if an officer has enough evidence to search your car, if an officer has to ask, it probably means he does NOT have enough evidence.

If an officer searches and finds contraband, without probable cause or your consent, you may have a lawyer file a "motion to suppress" the evidence and it will be most likely dropped in court.

Dealing with police in person
If a police officer requests to see identification, you are not required to show them any. This law varies from state to state however.

Officers are legally allowed to search the outside of your clothing to check for weapons in what is called a"terry search"; however, they are not allowed to put their hands in your pockets or check any bags you may have with you.

Dealing with police at your home
The Supreme Court has ruled that homes have the "maximum protection granted from police search and seizures". Speicifically, the court has ruled that even if an officer has probable cause to believe something illegal is going on inside your home, with a few exceptions, he may not enter your home without a search warrant.

In many instances, people consent or invite police officers into their home, do not do this. If police knock on your door, answer it, exit the house, and close the door immediatly behind you. If they enter your home, it automatically makes search legal! You should never consent. If you have guests over, inform them they are never to answer the door themselves, and to always get the homeowner to. Be mindful of other enterances then the main one to the house; police will often try to enter from the least "guarded" door.

Be aware of the "plain view rule". If an officer is legally invited into your home, any illegal items an officer sees are fair game for arrest. If you believe officers may be at your house, it is not suspicious to use a peephole, look out the window blinds to see if their cars are there and prepare yourself if they are.

I cannot stress enough how many problems can be avoided by simply exiting the house to talk to the police, rather than inviting them inside. This is the most important point to remember in asserting your rights as a homeowner against police invasion. Even if police say "while we are here, we need to do a routine check-up within the house", you must refuse them the ability to do this, they have no legal rights to. Do so politely "I know you are just doing your job officers, but without a search warrant, I cannot allow you to enter my home".

General Tips

1) Do not ever talk back or rudely to an officer, do not raise your voice
1a) A little courtesy and respect go a long way; you have nothing to gain and a lot to lose
2) If an officer probes unjustifiably into your situation, state that you have no obligation to answer these questions. Ask why the officer is detaining you and if you are free to go.
3) If an officer asks to search you, always refuse verbally, but if an officer physically attempts to search you, never physically resist the officer. You must keep everything verbal. Just touching an officer can land you a felony charge of assault
4) Never run from police, that gives them legal justification to do almost anything
4a) If you see police approaching, stand your ground and be prepared to assert your rights
5) Do not believe anything an officer says when he claims he can help you. An officer job is to find, arrest, and help convince you. Ask for a real lawyer and keep quiet. Remember, you are not required to answer a police officer's questions without the presence of a lawyer.
6) As soon as you can, write everything down about the incident, including officer's names, badge numbers, and witnesses.
7) If your rights have been violated, file a misconduct report immediatly and contact your local American Civil Liberties Union chapter for advice
7a) As a citizen, it is your duty to ensure unprofessional police officers are held accountable for their actions

You should never lie to a police officer, through conscious assertion of your rights, you can handle the encounter without lying!

Be aware of the situations when your rights do not apply, they are:
1) Within airports, police do not need any warrants to search you or your belongings
2) Crossing international borders
3) Private Security personnel, who outnumber police officers in the United States by 3:1, generally have a right to search you as condition of entry
3a) If these personnel try to search you once you have entered the event, do NOT consent, and leave immediatly. You are legally entitled to do this.
4) If you are formally arrested, you may be searched without a warrant

The three most important lines when dealing with law enforcement:

1) "Officer, I do not consent to any searches."
2) "Officer, am I being detained, or am I free to go?"
3) "Officer, I have nothing to say until I speak with my lawyer."

Review this document often, it takes diligence and prepation to overcome the natural fear of standing up for yourself in the face of authority

DISCLAIMER: Nothing within this document is provided as strict legal counsel, this is simple advice that you may or may not choose to use, though I highly recommend you use it

Written and compiled by: Jeffrey W. Laverty

This document was heavily adapted from "BUSTED - The Citizen's Guide to Surviving Police Encounters".

For further information, please visit:
www.aclu.org
www.flexyourrights.org

http://www.deznetsolutions.com/guide.html

[DrJawn]

awesome thread, thanx for the advice.

[BigSmoker]

thanks for posting this everyone needs to read this and know there rights

i watched that busted video and it really changed my perception of police the same night i watched the video i watched an episode of Cops and i saw that the main goal of police is to get you to give up your rights

the problem is i don't know how assertive i could really be i get nervous around police and i think this is the main reason most people give up there rights cause there scarred and nervous

ohh and i almost forgot +rep

[fluffykush]

If a police officer requests to see identification, you are not required to show them any. This law varies from state to state however.


Are you sure about this one? not sure how you are not required by law to present ID in any State. I mean how will a cop know if you have warrants or some shit. Not saying you are wrong...that one is just hard to believe.

[mrblonde77]

I was in a park after dark with a couple friends one time (yes we smoked earlier, but we left and came back 2 hours later. The incident happened on the later trip.) and 2 park police showed up. We walked back to our cars and none of us had anything on us. The one stops us and the other goes to look around the park with his flashlight for anything. After answering questions for 5 minutes, we have an awkward silence. All 3 of us are blazed as hell. I say "Can we got yet sir?" and he just replies "NO, not yet." I wasn't sure wether or not we were legally required to sit there while the other park policeman searched the park for anything to bust us on. Anybody know just in case this happens again? It is illegal to be present at a park after dark, at least around here. Parks close at dusk apparently.

[Sk8brdZepp13]

awesome man, and yeh i saw that video.

+rep

[TNO-2012]

thank you, bro. this is great. +rep!

[ripcurl15]

heh saw that video on youtube


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The think

http://www.youtube.com/watch?v=yqMjMPlXzdA

[NJ TOKER 420]

Originally Posted by ripcurl15

heh saw that video on youtube

http://www.youtube.com/watch?v=yqMjMPlXzdA

Yea its basically as summary of that video. But its good for people who dont want to spend the 45 mins watching it

[magictouch12]

Ya this def did just summarize the video, even says on the website heavily influenced from the video, read this or watch the fucking movie lol it will be a good idea lol