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What the Police preferred you didn't know
Have you ever heard of the old
saying
"ignorance of the law is no excuse?" Basically
that’s how police officers and some judges feel about your
constitutional rights. What you don't know and never
were taught in school could hurt you!
Police officers are generally depicted
as public servants, but they can be your worst enemy when they count on
people like you not being knowledgeable of their constitutional
rights.
Just because you or your children didn't know they had rights under the
constitution and gave up those rights by talking to a police officer or
a federal agent without an attorney could cost you dearly.
This
includes even a casual conversation that could happen on a traffic stop
or on a sidewalk
What To Do If A Police Officer Stops You
Your Rights
During a Police Encounter. Rules you should know to protect yourself
from the police:
Rule #1 - Never talk to a police
officer. Keep your mouth shut! (You never have
to answer any questions a police officer may ask, except for your name,
address and date of birth.)
Rule #2 - Never talk to a police officer. Keep your mouth
shut! (How can you be charged with something if you haven't said
anything?) Remember anything you say or do can be used against you.
Rule #3 - "Am I Free to Go?" As soon as a police officer
ask you a question, ask the police officer, "Am I Free to
Go?" If you are detained or arrested by a police officer,
tell them that you are going to remain silent and that you would like
to see a lawyer.
Rule #4 - Safety. Never bad-mouth a police
officer. Stay calm and in control of your words, body language and your
emotions. Always keep your hands where
the police officer can see them. Don't run away and never touch a
police officer!
Rule #5 - Refuse to Consent to Searches. Just
say NO to searches! Remember if the police didn't need your permission,
they wouldn't be asking you. Never give permission to a police officer
to search you, your car or your home. If a police officer does search
you, don't resist!
Rule #6 - Ask for a Supervisor. If all else fails and you
feel the police officer is abusing your rights, ask him to call his
"supervisor" to your location.
Traffic
Stops
Remember that the officer is
not trying to be your buddy and become a new friend, they are on a
"fishing expedition" to find something against you! They have nothing
criminal on you, so they're looking for anything while they have you
pulled over.
A
good time to ask "AM I FREE TO GO," is after the
cop has given you a "warning" or a "ticket" and you have signed
it. Once you have signed that ticket the traffic stop is
legally over with, so says the Supreme Court. Now
if you want to stand around and shoot the breeze with the officer or
answer his questions, that is up to you. Just remember you don't have
to! After you sign the ticket ask, "AM I FREE TO GO?"
Anything
You Say Can And Will Be Used Against You!
Police Pat Downs...
The
law allows police to pat
down your outer clothing for the protection of the officer if you're
being detained. The officer may only pat your outer clothing to see if
you have any weapons. If the police feel something that could be a
weapon, then the police can go into your pockets and search. Otherwise a police officer CAN'T
go through your pockets or make you empty your pockets unless you are
under arrest.
To protect yourself, make it clear that you "don't consent
to
a search" and ask why they are searching you. Remember the reason they
give you. If they claim to have a warrant, ask to see it. Whether or
not they have a warrant, you can protect your CONSTITUTIONAL RIGHTS by
making it clear that you do not consent to a search.
If the Police Knock
at Your Home-You Don't Have to Open the Door!
Lies That The Police Use
To Get You To Talk...
There are many ways the police will try
to trick you into talking. Its always safest just to say the Magic
Words: I'm going to remain silent and I want a lawyer.
The following are common lie's 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."
* "I have evidence on you. Tell me what I
want to know or else." (They can fabricate ''fake'' evidence to
convince you to tell them what they want to know.)
* "You’re not a suspect. Were
simply investigating here. Just help us understand what happened and
then you can go."
* "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."
If The Police
Arrest You...
If you are arrested, the
police can search you and the area close by. If you are in a building,
"close by" usually means just the room you are in. If during a search or an
arrest the police take anything from you, they must give you a receipt
for every item seized, including your wallet and its contents, clothes,
and any packages you were carrying when arrested.
"I DON'T WANT TO TALK UNTIL MY LAWYER IS PRESENT"
* Even if your rights weren't read, refuse to talk
until your lawyer/public defender arrives.
* If your arrested and can not afford an
attorney, you have the right to a public defender. If you get a public
defender always make it clear that the public defender is not representing you,
but merely is serving as
your counsel.
* Do not talk to the inmates in jail 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, a relative or any other person. The police may not
listen to the call to the lawyer.
* If you're on probation or parole, tell your P.O.
you've been arrested, but nothing else.
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