DO NOT TALK TO THE POLICE
Saturday, September 20, 2014
Monday, September 15, 2014
WHAT IS THE NATURE OF YOUR INQUIRY (OR
INVESTIGATION)?
1. WHAT'S THE NATURE OF YOUR INQUIRY?
2. ARE YOU CONDUCTING AN INVESTIGATION?
3. ARE YOU ASKING ME TO MAKE AN ADMISSION
OR CONFESSION?
Then he realizes that that's exactly what he's
doing.
IF YOU HAVE REASON TO BELIEVE THAT I WAS
SPEEDING, ISSUE ME THE CITATION AND I'LL SEE YOU IN COURT.
YOU'VE GOT TO START GOING TO COURT.
CLOGGING UP THE COURT SYSTEMS SO THE MONEY IS TAKEN AWAY FROM THE SYSTEM.
THEY COUNT ON 98% TO 99% OF THE PEOPLE SHOWING UP AND PAY THEIR FINES.
IF ONLY 3% STOPPED PAYING, THE SYSTEM WOULD CLOG UP AND SHUT DOWN.
1. Don't say anything.
2. Keep your mouth shut.
3. Shut up.
Learn how to breathe through your nose with
your lips closed.
All of the evidence that is ever going to be
used against you is going to be furnished by you.
They're asking you questions to make admissions
or confessions.
When officer asks if he can search your
vehicle, your answer is "No. No you may not."
If the officer asks you questions about why you
don't wish to let him search your vehicle, you answer "Because you don't
have a 4th Amendment search warrant on your person and I don't want you
involved in my private affairs. And if they ask you if you have any guns
or drugs or anything on you, ask them the nature of their inquiry. Are
you conducting a criminal investigation? If you're conducting a criminal
investigation, then I am going to invoke my 5th Amendment right not to speak
with you. Do what you have to do and permit me go about my
business." You take the position from the beginning of any investigation
that your case is going to be decided by the Supreme Court. Of course it
won't be, but you take that position by establishing facts that don't give the
officer rise to consider what you are saying is acquiesce to his search.
If he starts to search your vehicle, tell him stop searching my vehicle.
Now obviously you can't stop him from doing anything he doesn't want to
stop doing. However, I guarantee you if you tell him to stop or tell him
not to search my vehicle or to get away from my vehicle, then he's going to
stop he'll stop unless, of course, he has probable cause to search which would
be under a condition where the officer had a view of contraband openly and
notoriously apparent inside your vehicle. Under those conditions, he does
not need a search warrant.
What would happen if a police officer came up
to you and he had a dog trained to sniff out drugs or dead bodies, and the dog
alerted the officer to some contraband? Does the smell of pot give him
the right to search your car? Unequivocally, no! It may give rise
to probable cause to go get a search warrant. The dog alerting to the
presence of marijuana may give the officer rise to go get a search warrant.
None of these conditions give him the right to conduct a search without
your consent.
Cop shows people make confessions and
admissions. Answer their questions with questions:
STOP MAKING ADMISSIONS AND CONFESSIONS.
WHAT'S THE NATURE OF YOUR INQUIRY?
ASK THEM TO ARTICULATE THEIR SUSPICION OF YOUR
CRIMINAL ACTIVITY BEFORE HE CAN EVEN PROCEED UNDER THE DOCTRINE OF PROBABLE
CAUSE. AND ONLY GIVES HIM THE RIGHT TO GO GET A SEARCH WARRANT.
What part of no don't you understand?
I don't want you to deprive me of my liberty.
Articulate
Thursday, September 4, 2014
IS IT LEGAL TO RECORD THE POLICE?
Thanks to
Bob Wenzel
Saki Knafo and Carly Schwartz write at HuffPo:
In recent years, there have been countless cases of police officers ordering
people to turn off their cameras, confiscating phones, and..arresting those who
attempt to capture footage of them. Despite a common misconception, it’s
actually perfectly legal to film police officers on the job.
“There are First Amendment protections for people photographing and recording in public,” Mickey Osterreicher, an attorney with the National Press Photographers Association, told The Huffington Post. According to Osterreicher, as long as you don’t get in their way, it’s perfectly legal to take photos and videos of police officers everywhere in the United States.
This misconception is pervasive enough that the New York City Police Department circulated a memo last week reminding officers.
“Members of the public are legally allowed to record police interactions,” the memo states, according to the Daily News. “Intentional interference such as blocking or obstructing cameras or ordering the person to cease constitutes censorship and also violates the First Amendment.”
“There’s no law anywhere in the United States that prohibits people from recording the police on the street, in a park, or any other place where the public is generally allowed,” Osterreicher said.
A number of states do bar people from recording private conversations without consent. But as long as the recording is made "openly and not surreptitiously," said Osterreicher, it's fair game. According to Osterreicher, "assuming the position of holding up a camera or phone at arm’s length while looking at the viewing screen should be enough to put someone on notice that they are being photographed or recorded."
Several high profile court cases have taken up the issue, and in each case, the judge has either struck down the law or ruled that the police can't reasonably expect privacy while out in public. In March, for example, the Illinois Supreme Court declared the state's eavesdropping law unconstitutional, saying the law criminalized the recording of conversations that "that cannot be deemed private."
“There are First Amendment protections for people photographing and recording in public,” Mickey Osterreicher, an attorney with the National Press Photographers Association, told The Huffington Post. According to Osterreicher, as long as you don’t get in their way, it’s perfectly legal to take photos and videos of police officers everywhere in the United States.
This misconception is pervasive enough that the New York City Police Department circulated a memo last week reminding officers.
“Members of the public are legally allowed to record police interactions,” the memo states, according to the Daily News. “Intentional interference such as blocking or obstructing cameras or ordering the person to cease constitutes censorship and also violates the First Amendment.”
“There’s no law anywhere in the United States that prohibits people from recording the police on the street, in a park, or any other place where the public is generally allowed,” Osterreicher said.
A number of states do bar people from recording private conversations without consent. But as long as the recording is made "openly and not surreptitiously," said Osterreicher, it's fair game. According to Osterreicher, "assuming the position of holding up a camera or phone at arm’s length while looking at the viewing screen should be enough to put someone on notice that they are being photographed or recorded."
Several high profile court cases have taken up the issue, and in each case, the judge has either struck down the law or ruled that the police can't reasonably expect privacy while out in public. In March, for example, the Illinois Supreme Court declared the state's eavesdropping law unconstitutional, saying the law criminalized the recording of conversations that "that cannot be deemed private."
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