It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
originally posted by: DerbyGawker
ditto, there's no point in discussing an alternative view with you.
originally posted by: DerbyGawker
a reply to: Daedalus
Maybe I had a traumatic experience with people on a forum and I choose not to believe peoples personal accounts when they use said account to disbelieve reality.
I've had terrible experiences with LEOs and positive ones. Just because some can and do abuse their authority doesn't mean you don't have the right to defend yourself. Which was my point to him, rights only extend as far as you're willing to assert and defend them.
If you're unwilling or incapable of doing so, you're technically a ward and as such, they may exert control over you.
His assertion that you must obey unlawful orders because of the simple fact an officer gave them makes the lawful is absurd.
originally posted by: Wrabbit2000
You have the right to remain silent.
You have the right to an attorney.
Your money has absolutely no rights at all.
Welcome to the world of civil forfeiture, where your money is literally presumed guilty until proven innocent. One of the greatest scams known to man and it's dis-serving plenty, daily.
In a police encounter these rules will help protect your civil rights and improve your chances of driving or walking away safely.
(Only exceptions are border searches and airport searches.)
1) Keep Private Items Out of View
This is common sense: Always keep any private items that you don't want others to see out of sight. Legally speaking, police do not need a search warrant in order to confiscate any illegal items that are in plain view.
2) Be Courteous & Non-Confrontational
The first thing you should say to the officer is, "Hello officer. Can you tell me why I am being stopped?" The officer may give you a hard time or say, "Why do you think I stopped you?" Tell the officer you don't know. Most importantly, do not apologize after you get stopped, because that can be considered an admission of guilt and could be used against you later in court.
Show your identification if it's requested. Be respectful and non-confrontational. Refer to the police as "Sir," "Ma'am," or "Officer." Remain calm and quiet while the officer is reviewing your documents. If the officer writes you a ticket, accept it quietly and never complain. Listen to any instruction on paying the fine or contesting the ticket, and immediately leave.
If you are pulled over in a car, the first thing you should to do is turn your car off, turn the dome light on (if it's nighttime), roll down the window, and keep your hands on the steering wheel. Don't immediately reach into your glove compartment for your license and registration. Officers want to be able to see your hands for their own safety. Wait until the officer asks to see your paperwork before retrieving your documents.
3) Say No to Search Requests
If a police officer asks your permission to search, the answer is always no. You should refuse to consent by saying, "Officer, I do not consent to any searches of my private property."
You are under no obligation to consent. The only reason an officer asks your permission is because he doesn't have enough evidence to search without your consent. If you consent to a search request you give up one of the most important constitutional rights you have-your Fourth Amendment protection against unreasonable searches and seizures.
Police officers are not required to inform you of your rights before asking you to consent to a search. If the officer searches you in spite of your objection, your attorney can argue that any evidence found during the search was discovered through an illegal search and should be thrown out of court.
4) Determine if You Can Leave
You have the right to terminate an encounter with a police officer unless you are being detained under police custody or have been arrested. The general rule is that you don't have to answer any questions that the police ask you. This rule comes from the Fifth Amendment of the U.S. Constitution, which protects you against self-incrimination. If you cannot tell if you are allowed to leave, say to the officer, "I have to be on my way. Am I free to go?"
If the officer says "Yes," tell him to have a nice day, and leave immediately. If the officer's answer is ambiguous, or if he asks you another unrelated question, persist by asking "Am I being detained, or can I go now?" If the officer says "No," you are being detained, and you may be placed under arrest. If this is the case, reassert your rights as outlined above, and follow Rules #5 and #6.
5) Remain Silent and Ask for an Attorney
Do not answer questions without a lawyer representing you present. Even seemingly casual small talk can come back to haunt you. Anything you say can, and probably will, be used against you.
In just about any case imaginable, a person is best off not answering any questions about his involvement in anything illegal. Assert your Fifth and Sixth Amendment rights by saying these exact words: "Officer, I'd like to remain silent and I'd like to speak with a lawyer."
Keep in mind the credo: If no one talks, everyone walks. Regardless of what you are told by an investigating officer, you have nothing to gain by talking to the police ... and everything to lose.
6) Do Not Try to Bargain
Police officers will often tell you that your cooperation will make things easier for you, and many people hope to be let off easy if they are honest and direct with the police. The only thing it makes easier is the officer's job. Do not let the threat of arrest scare you into admitting guilt. Ask to speak with a lawyer, and remain silent.
7) Do Not Physically Resist
If the police proceed to detain, search, or arrest you despite your wishes-do not physically resist. You may state clearly but non-confrontationally: "Officer, I am not resisting arrest and I do not consent to any searches." Or you may assert your rights by simply saying nothing until you can speak with an attorney.
8) Where to Go For More Help
If you feel your rights are being violated, try to wait until you can talk to a lawyer. If you don't have your own lawyer you can fill out an application for a public defender to defend you. This application is available at the Clerk’s office and does require a $50.00 application fee. If you are determined to be indigent by the clerk, our office will be appointed to handle your case.
originally posted by: liejunkie01
To get his money back, Nguyen had to sue Humboldt County, Dove and Sheriff Ed Kilgore, and the county eventually settled with Nguyen for $50,000 and $10,000 in attorney’s fees. In the suit, Ohlson contended that Dove had violated Nguyen’s Fourth Amendment rights. The Fourth Amendment bans unreasonable search and seizure
www.offthegridnews.com...
It looks like he got his money back and it cost the county $10,000 for his legal fees.
The cop shuld be fired.
originally posted by: derfreebie
the LEO is supposed to be held to a higher standard:
he had a sidearm when the loot was taken. Whether the weapon was presented
or not is irrelevant, it was visible. I'd have pressed for Armed Robbery too.
originally posted by: Asktheanimals
The only "rights" we have anymore when in cars is to turn the steering wheel clockwise.
Add in the Pennsylvania Supreme Court decision that police no longer even need a warrant to search your car and were completely at their mercy, which sadly few seem to have anymore.
originally posted by: Asktheanimals
The only "rights" we have anymore when in cars is to turn the steering wheel clockwise.
Add in the Pennsylvania Supreme Court decision that police no longer even need a warrant to search your car and were completely at their mercy, which sadly few seem to have anymore.
originally posted by: BuzzyWigs
Be careful out there, folks. Don't speed, or even do 'soft stops' or 'rolling stops' at STOP signs.
ETA SOURCE: Know Your Rights
originally posted by: BuzzyWigs
I've never been searched or asked if I or my property/car could be searched, but this is what I understand to do.
You should try being a part white guy giving a black guy a ride in a white neiborhood..
originally posted by: BuzzyWigs
Be careful out there, folks. Don't speed, or even do 'soft stops' or 'rolling stops' at STOP signs.
ETA SOURCE: Know Your Rights