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Know Your Rights Dealing With The Police and Your Constitutional Rights

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What makes police officers and the government powerless? When the American people know their rights!

Police officers don't like to hear these words:

"I Don't Answer Questions"

"Am I Free to Go?"

"I Don't Consent to a Search"

 
    Traffic Stops and Your Rights with Police Officers

1. Your Safety - When being pulled over by a police officer pull over to a safe place, turn off your ignition, stay in your vehicle and keep your hands on the steering wheel. At night turn on the interior light. Keep your license, registration and proof of insurance close by like in your "sun visor." Roll down your window enough to slide your cards through to the officer. Video record the encounter if possible. If you do get out of your vehicle take your license, insurance and video recorder with you if possible. Close and lock your door.

2. Remain Silent and Don't Answer Questions  - The Supreme Court says you should never talk to the police before or after you’ve been arrested. "But You Can’t Be Silent if You Want to Be Silent." The Supreme Court ruled that you must speak one time and say to the police officer "I'm going to remain silent" and then keep your mouth shut. (Berghuis v. Thompkins,  560 U.S. 370 (2010) and (Salinas v. Texas, 133 S. Ct. 2174 (2013)  You have the right to remain silent when being detained or after you have been arrested. The police officer will usually ask questions like, 'Do you know why I pulled you over?' or 'How fast do you think you were going?" Stay calm and be respectful, but don't volunteer information. "When you're silent, it makes their job much more difficult because then, they have to make the case, rather than you make the case for them. How can you be falsely accused and charged with a crime if you don't say anything? Anything you say or do can and will be used against you at anytime by the police or the government. Bite your tongue! If you can keep your mouth shut, you might come out ahead more than you expected!

3. 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 to talk to him. If the police officer says you're being detained or arrested tell the police officer "I'm going to remain silent or say I don't answer questions."

4. Just Say NO To Police Searches! - If a police officer didn't need your permission to search, 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 A SEARCH." Police are allowed to do a "pat down" of your body and feel for weapons. Police are not allowed to go inside your pockets and pull out your property. By law you don't have to remove anything from your pocket if the police officer ask or take your shoes and socks off.

When Can a Police Officer Ask For Your Name or I.D.?

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stop by police

 Currently there's 24 states that has stop-and-identify laws.

Stop and Identify States (colored Red)

 

 The following states you must identify yourself: Alabama, Arkansas, Arizona, Colorado, Delaware, Florida, Georgia, Indiana, Illinois, Kansas, Louisiana, Missouri (Kansas City Only), Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Rhode Island, Utah, Vermont and Wisconsin.

 

 Arizona's law, only requires a person’s “true full name” to be given.

 Nevada’s law, requires only that the person state his or her name.

 Wisconsin's statutes allow law enforcement officers to "demand" ID, there is no statutory requirement to provide them ID nor is there a penalty for refusing to, hence Wisconsin is not a must ID state (Henes v. Morrissey).

 Texas's law requires you to identify yourself only after you have been arrested for a crime. (A detained person or witness of a crime is not required to provide any identifying information.)

 

Anything You Say Can And Will Be Used Against You!

 Police officers will be videotaping and audio recording you. Police officers carry mics and/or video cameras and this is why you must NEVER talk to a police officer. You have every right NOT to talk to a cop officer and you should NOT talk to a cop unless you have first consulted with a lawyer and that lawyer has advised you differently. Police officers depend on fear and intimidation to get what they want and this includes giving up your rights. The government has made laws that allows police officers to lie to American citizens. This is another reason not to trust the police or the Federal Government who are "the real Terrorists to the American people.

“Everything cops do is meant to trick you into something that they can actually arrest you for."

 Never voluntarily talk to the police, 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 ruled that you should NOT talk to a police officer even if you have NOT been arrested. You must say out loud "I'm going to remain silent or say I don't answer questions." It can be very dangerous to talk to a cop or a Federal Agent. Innocent people have talked to a police officer and ended up in jail and prison because they spoke to a police officer without an attorney before they were arrested.

  “An officer’s first job when he gets you pulled over for a traffic stop is to attempt to escalate that stop to either a DUI or a drug bust. He doesn’t care about the traffic, that’s just his premise for pulling you over. His real goal is to get inside that car and see what else he can find. They are taught to find ways to keep the person in the car talking and answering questions that will allow them to continue their fishing expedition.”

 The Supreme Court has ruled that if a police officer doesn't force you to do something, then you're doing it "voluntarily." This means if the police officer starts being a bully, intimidating you and you do what the cop "ask" because you're "afraid," the court says 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 questions, you're voluntarily complying with his "requests."

 Be as nice as possible to the police officer, but stand your ground on your rights! Where do some of your rights come from? Memorize the Fourth and Fifth Amendments.

 Passengers traveling in your vehicle need to know their rights as well. In many states the law doesn't require you to identify yourself if you're a passenger. Passenger have the same rights NOT to talk to a police officer. Police will separate the passengers and ask questions to see if their stories match. All passengers should always give the same answer and say "I don't answer question - am I free to go?"

 How long can a police officer keep you pulled over "detained" during a traffic stop? The Supreme Court has made mention that up to 45 minutes is a reasonable amount of time for a police officer to conduct his investigation and allow you to go free on your way. Majority of the time you're probably waiting on a drug dog to arrive.

 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 have your license 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

  JUST SAY NO!

 If a police officer didn't need your permission to search, he wouldn't be asking you now would he? Never give permission for a police officer to search you, your car or your home.

 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."

 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, so say nothing to your friends and don't talk to the police 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 that's illegal in your vehicle, the police will get a warrant from a judge and then charge you with another crime.

Police can only search your car without a warrant for these 5 reasons

1) If you give permission.

2) An officer can search your car if he see's something illegal "in plain view." If the officer walks up to your car and can plainly see an open container of beer, bag of weed or a gun gives an officer the okay to search your car.

3) If an officer arrests you with probable cause, he or she can then search your vehicle.

4) Your car can be searched if an "officer has probable cause to suspect a crime. For example, it's not illegal to have blood on your front seats, to have a black eye, or to have a ripped-up purse in the car. But all those things in conjunction could be suspicious to an officer.

5) Lastly, "exigent circumstances," allow a warrantless search. Before an officer receives a warrant, he can "break every rule if he suspects the evidence is about to be destroyed.

 Never Open Your Door At Home When The Police Knock!

 If police officers are knocking on your door at home if you don't want to get up, there's no law that requires you to open your door to the police. * "Don't worry if the cops have a search warrant, they're are going to kick down anyways." Don't open your door with the chain-lock on either, police officers will shove their way in.

  * In some emergency situations (for example when someone is screaming for help from inside your home, police are chasing someone into your home, police see a felony being committed, if someone has called 911 from inside your house or any occupant in your house gave the police permission to search your home even if you say no, the police are allowed to enter and search your home without a warrant.)

 February 27, 2014 - New ruling from the Supreme Court click here. The ruling means that anyone in your residence can give permission for the police to search your home. This means for instance your children, spouse, neighbor, friend or anyone that is in your castle can give the police permission to search your home, even if you say no.

 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 a police officer into your home without your permission. Police officers are like Vampires, they need your permission to come into your home.

 Students and teenagers have rights also, if you're under 18 click here. If your children don't know their rights and answer questions asked by a school teacher, principal, police officer or a Federal Agent without an attorney could cost you dearly and change the lives of your family forever!

 The police don't need your permission or for you to be present when they question your child. In fact the cops can take child down to the police station and go before a judge before notifying the parent’s. Teach your children that they must call a parent to get permission to talk to a police officer. Maybe a secret word that it's ok?

Police Officers Will LIE To Get You to Talk

 Police officer's are lying pieces of shit. Teach your children not to trust cops and make your kids aware that police officers are LIARS! Your child should "zip a lip" and not to talk to a police officer, unless their parents are there with them. Imagine your child in a room with teachers, principal, assistant principal and police officers touching their gun and everyone demanding answers from your child without you being there or an attorney to represent your child.

 The following are lie's police use when they're trying to get you to talk: "You will have to stay here and answer my questions, you're not leaving until I find out what I want to know." -- "I have evidence against 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 right now. -- "If you don't answer my questions you'll be charged with resisting arrest, obstruction or hindering an investigation." ALL LIES!

Can We Trust Police Officers?

 The Supreme Court has ruled 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 Cop and don't try being a "smooth talker" because you will lose! If you can keep your mouth shut, you just might come out ahead in the game more than you expected.

 Although police officers may seem nice and pretend to be on your side they want 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, your family or a fiend.

If The Police Arrest You

  "I WILL NOT TALK UNTIL I HAVE A LAWYER!"

  * Don't answer any questions the police ask you, (except for your name, address and age once you're at jail.) Any other questions the police officer ask you, just say I want to talk to a lawyer.

 * The cop doesn't have to read you your Miranda Rights after you've been arrested. If you "voluntarily" already talked to the police, then the cops don'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 amount of time after you have been arrested and booked, the cops should allow you to make a local phone call to a lawyer, bail bondsman, relative or any other person you choose. The police can not listen to your phone call if you're talking to your lawyer.

 * The longest you can be held in jail is 72 hours. If you get arrested on a Friday night during a 3 day weekend, you won't see the judge until Tuesday morning. Otherwise usually you will get out of jail within 4 to 24 hours if you can make bail.

 * If you're on probation or parole, only tell your P.O. that you've been arrested and don't say anything else.

 CAUTION: The information on this webpage and website does not constitute legal advice. The purpose of this information is to provide general information to the public, to raise awareness and a as public service. DO NOT read anything here and make a decision affecting your legal rights. Conduct your own research learning your "State Laws," read the U.S. Constitution and the Bill of Rights.

Updated: 03.20.2017

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