Police officers hate to hear these words:
"Am I free to go?"
"I'm going to remain silent."
"I don't consent to a search."
You have rights during a traffic stop and when a police officer walks up to you on the street. Learn what your rights are and use them!
1. Your Safety - You start with putting the police officer at ease, you know the one behind you with flashing lights. Pull over to a safe place, turn off your ignition, stay in the car and keep your hands on the steering wheel. At night turn on the interior lights. Keep your license, registration and proof of insurance close by like in the "sun visor."
Be courteous, stay calm, smile and don't complain. Show respect and say things like "sir and no sir." Never bad-mouth a police officer, stay in control of your words, body language and your emotions. Keep your hands where the police officer can see them. Never touch a police officer and never run away!
2. Never Talk To A Police Officer - The only questions you need to answer is your name, address, date of birth, sometimes your social security number but NOTHING else! Instead of telling the police officer who you are, give him your drivers license or your I.D. card. All the information the police officer needs to know about you, can be found on your i.d. card or drivers license. Don't volunteer any information to a police officer, if the cop ask you a question politely ask him "Am I free to go?" If he says yes then leave, if he says no then say I'm Going to Remain Silent.
3. I'm Going to Remain Silence - The Supreme Court says you should never talk to a police officer without an attorney. The Supreme Court ruled you must speak up and SAY to the police officer "I'm going to remain silent" and then keep your mouth shut! How can you be falsely accused and charged with a crime, if you don't say anything? Never talk to a police officer, anything you say or do can and will be used against you at any time by the police.
4. Just Say NO to Police Searches! - If a police officer didn't need your permission to search you, he wouldn't be asking you. Never give permission for a police officer to search you, your car or your home. If a police officer does search you, don't resist and keep saying "I don't consent to this search."
5. Am I Free to Go? - As soon as the police officer ask you a question ask him, "Am I free to go?" You have to ask if you're "free to go," otherwise the police officer will think that you're voluntarily staying around to talk with him. If the police officer says that you're being detained or arrested tell the police officer, "I'm going to remain silent."
Anything You Say Can And Will Be Used Against You!
Silence is not an admission of guilt and can not be used against you in court.
When you talk to a police officer they are either videotaping or audio recording you and this is why you must NEVER talk to the police officer. You have every right NOT to talk to a police officer and you should NOT talk to a police officer unless you have first consulted with a lawyer and the lawyer has advised you differently. Police officers depend on fear and intimidation to get what they want from you and this includes giving up your rights. The government made a law that allows police officers to lie to American citizens. That's another reason not to trust the police or the Federal government.
Never voluntarily talk to a police officer, there's no such thing as a "friendly chat." Let the police officer do all the talking and you stay silent. The Supreme Court has recently ruled that you should NOT talk to a police officer without a lawyer and you must say out loud "I'm going to remain silent." It can be very dangerous to talk to a police officer or a Federal Agent. Innocent people have talked to a police officer and ended up in jail and prison, all because they spoke to a police officer without an attorney.
Police officers have the same right as you "Freedom of Speech." Police may ask you anything they want, but you should never answer any of their questions. Don't let the police officer try and persuade you to talk! Say something like "I'm sorry, I don't have time to talk right now." If the cop insists on talking to you, ask him "Am I free to go?" The police officer may not like when you refuse to talk to him and challenge you with words like, "If you have nothing to hide, why won't you speak to me? Say to officer again "I told you I don't have time to talk to you right now, Am I free to go?" If you forget or the police officer tricks you into talking, it's okay just start over again and tell the police officer "I'm going to remain silent."
The Supreme Court has ruled that if a police officer doesn't force you to do something, then you're doing it "voluntarily." That means if the police officer starts being intimidating and you do what he "ask" because you're "afraid," you still have done it voluntarily. (Florida v. Bostick, 1991) If you do what the police officer "ask" you to do such as allowing him to search your car or answer any of his questions, you are 'voluntarily' complying with his 'requests.' So don't comply, just keep your mouth shut unless you say "Am I Free to Go?" or "I don't consent to a search."
Be as nice as possible to the police officer, but stand your ground on your rights! Where do some of your rights come from? Read the Fourth and Fifth Amendment of the U.S. Constitution.
Traffic Stops and Your Rights
Keep your license, registration and proof of insurance in an easily accessible place, like your sun visor. When pulled over by a police officer stay in the car, turn on the interior lights and keep your hands on the steering wheel. Sit still, relax and wait for the officer to come to you. Any sudden movements, ducking down, looking nervous or appearing to be searching for something under your seat could get you shot.
Don't forget during traffic stops the police are videotaping you, this is why you must NOT talk to the police officer. Police officers like to ask the first question and that's usually, "do you know why I stopped you? Do you know how fast you were going?" The police officer is trying to get you to do two things, admit that you committed a traffic violation and to get you to "voluntarily" start a conversation with him. Remember the police officer is not your friend and should not be trusted! The only thing you need to say is "I'm going to remain silent and am I free to go?"
The police officer might start asking you personal questions such as "where are you going, where have you been and who did you see, ect." At that point it's the perfect time to exercise your rights by asking the police officer "AM I FREE TO GO?" There's NO legal requirement that American citizens provide information about their comings and goings to a police officer. It's none of the police officers damn business! Keep asking the police officer "AM I FREE TO GO?" You have to speak up and verbally ask the police officer if your allowed to leave, otherwise the courts will assume that you wanted to stay and talk to the police officer on your own free will.
Passengers in your vehicle need to know their rights as well. They have the same right NOT to talk to a police officer and the right to refuse a search "unless it's a 'pat down' for weapons." The police will usually separate the passengers from each other and ask questions to see if their stories match. All passengers should always give the same answer and say, "I'm going to remain silent and am I free to go?" Remember you have to tell the police officer that you don't want to talk to him. It's the law
How long can a police officer keep you pulled over "detained" during a traffic stop? The Supreme Court has said no more than 15-20 minutes is a reasonable amount of time for a police officer to conduct his investigation and allow you to go FREE. But you have to keep asking the police officer "AM I FREE TO GO?"
During a traffic stop a good time to ask "AM I FREE TO GO," is after the police officer has given you a "warning or a ticket" and you have signed it. Once you have signed the ticket the traffic stop is legally over says the U.S. Supreme Court. There's no law that requires you to stay and talk to the police officer or answer any questions. After you have signed the ticket and got your license back you may roll up your window, start your car and leave. If you're outside the car ask the police officer, "AM I FREE TO GO?" If he says yes then get in your car and leave.
Car Searches And Body Searches
Remember the police officer wouldn't be asking you, if he didn't need your permission to search! "The right to be free from unreasonable searches is one of America's most precious First Liberties."
Police officers swore an oath to uphold the U.S. Constitution and not to violate your rights against unreasonable search and seizure Fourth Amendment. Denying a police officers request to search you or your car is not an admission of guilt, it's your American right! Some police officers might say, "if you have nothing to hide, you should allow me to search." Politely say to the police officer "I don't consent to a search and am I FREE to go?"
For the safety of police officers the government allows the police to pat down your outer clothing to see if you have any weapons. If the police officer feels something that he believes is a weapon, then he can go into your pockets and pull out the item he believes is a weapon.
A police officer may ask you or even demand that you empty your pockets, but you have the right to say "NO! AM I FREE TO GO?" There's NO law that requires you to empty your pockets when a police officer tells you to do so. The only time a police officer should be taking your personal property out of your pockets is after you have been arrested.
The police officer is allowed to handcuff you and/or detain you in his police car. Don't resist or you will be arrested! There's a big difference between being detained and being arrested. Say nothing in the police car! Police will be recording your conversation inside the police car, say nothing to your friend and don't talk to the police officers inside the car!
If you are arrested and your car is towed, the police are allowed to take an "inventory" of the items in your car. If anything is found illegal in your vehicle, the police will get a warrant from a judge and then charge you with another crime.
Don't Open Your Door At Home If A Police Officer Knocks!
If the police knock on your door at home, there's no law that says you have to open you door to police officers. "Don't worry if they do have a search warrant, they'll kick in your door before they knock." * There is NO law that requires you to open your door to a police officer.* Don't open your door with the chain-lock on either, police officers will shove their way in. Simply shout to the police officers "I HAVE NOTHING TO SAY" or just don't say anything at all.
Guest and roommates staying in your home/apartment/dorm need to be told of their rights and not to open the door to a police officer or invite police officer into your home without your permission. Police officers are like vampires, they need your permission to come into your home. Never invite a police officer into your home, such an invitation not only gives police officers an opportunity to look around for clues to your lifestyle, habits, friends, reading material, etc; but also tends to prolong the conversation.
Never agree to go to the police station if the police want to question you. Just say, "I HAVE NOTHING TO SAY."
* In some emergency situations (for example when a someone is screaming for help from inside your home, police are chasing someone into your home, police see a felony being committed or if someone has called 911 from inside your house) police officers are then allowed to enter and search your home without a warrant.
Teenagers have rights also, if you're under 18 click here. If your children don't know their rights and they go talking to a teacher, school principal, police officer or a Federal agent without an attorney, it could cost your family dearly and change the lives of your family forever!
Dealing With A Police Officer In Public
NEVER give consent to a police officer and allow for a conversation to start. If a police officer stops you and ask to speak with you, you're perfectly within your rights to say "I do not wish to speak with you," then say good-bye. At this point you should be free to leave, but the police officer will probably ask for your identification. If you have identification on you, tell the officer where it's at and ask permission to reach for it. "In some states you're not required to show an I.D. unless the police officer has reasonable suspicion that you committed a crime." Know the laws of your state!
The police officer might start asking you questions, at this point you may ask the officer "Am I Free to Go?" The police officer may not like this and may challenge you with words like, "If you have nothing to hide, why won't you speak to me?" Just like the first question, you don't have to answer this question either.
Police officers need your permission to have a conversation. There is NO law that says you have tell a police officer where you are going or where you have been, so keep your mouth shut and say nothing! Don't answer any questions (except name, address and age) until you have a lawyer.
A police officer has no right to detain you unless there exists reasonable suspicion that you have committed a crime or traffic violation. However a police officer is always allowed to initiate a "voluntary" conversation with you. You always have the right not to talk or answer any questions a police officer might ask you. Just tell the police officer "I'm going to remain silent."
Under the Fourth Amendment of the U.S. Constitution, police may engage in "reasonable" searches and seizures. To prove that a search is reasonable the police generally must show that it's more likely than not that a crime has occurred and that if a search is conducted it's probable that the police officer will find evidence of the crime. This is called "probable cause."
Police may use first hand information or tips from an informant "snitch" to justify the need to search your property or you. If an informant's information is used, the police must prove that the information is reliable under the circumstances to a judge.
Here's a case when several police officers took the word of a "snitch," claiming he knew where a "drug dealer" lived. Corrupt police officers in Houston Texas took it upon themselves to go to this house that the snitch had "picked at random" and kicked in the front door at 1:30 in the morning. Police never bothered to get a warrant from a judge. The aftermath was... Police Officers In Texas Are Allowed to Murder Innocent People and Get Away With It
Can We Trust Police Officers? Hell No!
Are police officers allowed to lie to you? Yes the Supreme Court has ruled that police officers can lie to the American people. Police officers are trained at lying, twisting words and being manipulative. Police officers and other law enforcement agents are very skilled at getting information from people. So don't try to "out smart" a police officer and don't try being a "smooth talker" because you will loose! If you can keep your mouth shut, you just might come out ahead more than you expected.
Teach your children that they must call a parent for permission before they're allowed to talk to police officer. Remember police officers are trained to put your child at ease and build trust. A police officers job is to find, arrest and help convict a suspect and that suspect could be your child!
Although police officers may seem nice and pretend to be on your side they're wanting to learn your habits, opinions, and affiliations of other people not suspected of wrongdoing. Don't try to answer a police officers questions, it can be very dangerous! You can never tell how a seemingly harmless bit of information that you give to a police officer might be used and misconstrued to hurt you or someone else. Also keep in mind that lying to a federal agent is a Federal crime. "That's why Martha Stewart went to prison, not for insider trading but for lying to a Federal Agent."
Lies Police Officers Will Say To Get You To Talk
There are many ways a police officer will LIE and trick you into talking. It's always safe to say the Magic Words: "Am I free to leave? I'm going to remain silent and I want a lawyer."
The following are common lies the police use when they're trying to get you to talk:
* "You will have to stay here and answer my questions" or "You're not leaving until I find out what I want to know."
* "I have evidence on you, so tell me what I want to know or else." (Police can fabricate fake evidence to convince you to tell them what they want to know.)
* "You're not a suspect, were simply investigating here. Help us understand what happened and then you may leave."
* "If you don't answer my questions, I won't have any choice but to take you to jail."
* "If you don't answer these questions, you'll be charged with resisting arrest."
* "Your friend has told his side of the story and it's not looking good for you, anything you want to tell me?
If The Police Arrest You
"I WILL NOT TALK UNTIL I HAVE A LAWYER!"
* Don't answer any questions that the police ask you, (except for your name, address and age.) Any other questions the police officer ask you, just say I want to talk to my lawyer.
* Police officers don't always have to read to you the Miranda Rights after you've been arrested. If you "voluntarily" talk a police officer, then the police officer doesn't have to read your Miranda Rights. Talking to a police officer at anytime can be very dangerous!
* Never talk to other jail inmates about your case.
* Within a reasonable time after your arrest or booking, you have the right to make a local phone call to a lawyer, bail bondsman, relative or any other person you choose. The police can't listen in on phone call, if you're talking to your lawyer.
* If you're on probation or parole tell your P.O. you've been arrested and say nothing else!
We always hear about cancer patients who have tried every pain and appetite pill available, with unacceptable results. More are stepping forward to praise cannabis as a real medication, with no side effects. Why deny the only medication that works for them?
In order to spread legalization, we need to organize throughout the country. We need people who want to organize groups within their state, preferably by county, to encourage more groups and a much larger stage for our message. Occupy has been a wonderful movement, but they are mostly limited to the larger cities. If we reach out to all communities, we will reach a much larger audience.
One of the most powerful tools we will use is knowledge. Spreading information and disproving the propaganda and myths associated with marijuana. If more people in MMJ states realize they have other, SAFE alternatives, this will have a rather productive consequence. A boycott of sorts will rise from the use of MMJ, instead of the harmful pills being pushed on so many.
Our ultimate goal is to find people who are willing to be active in the movement. At least 1 person from each state to act as an organizer and recruiter will be required. From there we can organize nation wide. We will have a secure online home for discussions for anyone interested in joining.
So what's the mission exactly? Each group will be tasked with putting together petitions, organizing rallies and boycotts. State by state, we will push forward what the government should have done over 70 years ago. The national debate has shown that over half of Americans think marijuana should be legalized. It's time to give those people a voice.
Stay calm. Don't run. Don't argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them.
Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself.
You do not have to consent to a search of yourself or your belongings, but police may "pat down" your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.
IF YOU ARE STOPPED IN YOUR CAR
Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.
Upon request, show police your driver's license, registration and proof of insurance.
If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.
Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent.
IF YOU ARE QUESTIONED ABOUT YOUR IMMIGRATION STATUS
You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)
If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.
Do not lie about your citizenship status or provide fake documents.
IF THE POLICE OR IMMIGRATION AGENTS COME TO YOUR HOME
If the police or immigration agents come to your home, you do not have to let them in unless they have certain kinds of warrants.
Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent.
Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.
IF YOU ARE CONTACTED BY THE FBI
If an FBI agent comes to your home or workplace, you do not have to answer any questions. Tell the agent you want to speak to a lawyer first.
If you are asked to meet with FBI agents for an interview, you have the right to say you do not want to be interviewed. If you agree to an interview, have a lawyer present. You do not have to answer any questions you feel uncomfortable answering, and can say that you will only answer questions on a specific topic.
IF YOU ARE ARRESTED
Do not resist arrest, even if you believe the arrest is unfair.
Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. If you can't pay for a lawyer, you have the right to a free one. Don't say anything, sign anything or make any decisions without a lawyer.
You have the right to make a local phone call. The police cannot listen if you call a lawyer.
Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.
Special considerations for non-citizens:
- Ask your lawyer about the effect of a criminal conviction or plea on your immigration status.
- Don't discuss your immigration status with anyone but your lawyer.
- While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer.
- Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.
IF YOU ARE TAKEN INTO IMMIGRATION (OR "ICE") CUSTODY
You have the right to a lawyer, but the government does not have to provide one for you. If you do not have a lawyer, ask for a list of free or low-cost legal services.
You have the right to contact your consulate or have an officer inform the consulate of your arrest.
Tell the ICE agent you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.
Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S.
Remember your immigration number ("A" number) and give it to your family. It will help family members locate you.
Keep a copy of your immigration documents with someone you trust.
IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED
Remember: police misconduct cannot be challenged on the street. Don't physically resist officers or threaten to file a complaint.
Write down everything you remember, including officers' badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses. If you are injured, take photographs of your injuries (but seek medical attention first).
File a written complaint with the agency's internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.
Call your local ACLU or visit <a href="http://www.aclu.org/profiling" title="www.aclu.org/profiling">www.aclu.org/profiling.
The ACLU's Know Your Rights booklet provides effective and useful guidance in a user-friendly question and answer format. The booklet addresses what rights you have when you are stopped, questioned, arrested, or searched by federal, state or local law enforcement officers. This booklet is for citizens and non-citizens with extra information for non-citizens in a separate section. Another section covers what can happen to you at airports and other points of entry into the United States. The last section discusses concerns you may have related to your charitable contributions and religious or political beliefs. The booklet tells you about your basic rights. It is not a substitute for legal advice. You should contact an attorney if you have been arrested or believe that your rights have been violated.
This free booklet is available in English, Spanish, French, Arabic, Urdu, and Farsi. Booklets in these languages are available for download below.
PDFS FOR DOWNLOAD
"Using your 4th Amendment Rights! Staying calm, telling the police that they can't search as a matter of principle is often the easiest way to avoid police rifling through your personal effects. In this police dashboard cam video from Georgetown, South Carolina, Scott tells the cops that he does mind if he searches and in the end he drives off without a search!"
Policeman vr. law student, "who gets the gun?" Know your rights!EDDIEKIRK - Apr 27 2013 08:35 PM
Spreading Information And Disproving The Propaganda And Myths Associated With Marijuana.EDDIEKIRK - May 19 2012 04:32 PM
Spreading Information And Disproving The Propaganda And Myths Associated With Marijuana.EDDIEKIRK - May 19 2012 04:15 PM
Oregon Attorney General Race Threatens Medical Marijuana NationwideEDDIEKIRK - Apr 22 2012 12:29 PM
From: Delta9-TetrahydrocannabinolEDDIEKIRK - Apr 15 2012 04:33 PM
0 user(s) viewing
0 members, 0 guests, 0 anonymous users