posted on Jul, 4 2007 @ 09:13 AM
ON THE STREET
On the street, you have more limited rights but still they should be observed always. If you are in an airport or train station or other mass
transit facility you automatically give up some protections; before you board the police or other security may search you, with few limitations.
However, you have the right to refuse any search and walk away. You have the right to halt any search at any time and walk away. But on the public
streets, where most of the encounters occur, there are some guidelines that you should follow without exception:
If approached by a police officer, understand that he should have some valid reason, some suspicion, before even bothering you. The police are NOT
supposed to walk up to random people because they feel like it and accost them. IF the officer has some ‘ reasonable grounds’ to believe that you
are or might be involved in illegal activity, then he can stop you and ask you to identify yourself to him. You do NOT have to carry or present paper
ID, such as a drivers license or state issued ID. No law demands that we carry ID.
However, in a distinction that has meaning, you must at least tell the officer your name and address if he has reason to stop you in the first
place. The cops always tell people that they MUST carry ID and how it is the law….but somehow no one ever gets charged for not having it; just more
cop lies. The cops want you to carry ID so that they are more reasonably certain who you are; but that is not the critical matter: the critical matter
is that you have no need to prove that you are who you say you are, it is up to them to DISPROVE that you are who you say you are. The cops want the
burden of proof on US, but the law puts the burden on THEM, and they do not like that. Tough. Their likes should not be a concern of ours. Only their
They want easy answers and easy solutions to the issues they face; getting out and tracking info down and interviewing witnesses and such are WORK and
not what the cops would rather be doing. So many ignorant citizens make it so easy for them that the pickings are great and they do not have to work
hard at all to make cases when the citizens are falling all over themselves to ruin any chance they have to defend themselves in court by giving up
their rights ; That is why I am doing this; so the people will have a better chance against a stacked deck. Know your rights or be a victim.
Now, on to the practical rights and how to apply them: If stopped, the police have the right to conduct a “ Terry “ search, which is a pat down
of the OUTER clothing to see if you have any weapons on you. That is for the safety of the officer so he can deal with things without worrying about a
sudden and deadly attack. Fair enough. But if the officer does NOT feel a hard object, like a knife or gun, then he cannot go into your pockets.
Officers will often violate the law and your rights by simply ignoring them if he feels what he perceives to be ‘ drugs ‘.
But the problem with that is that many substances, flour, sugar, sand etc. can feel like any other powder and there is NO basis for the cop to assume
that a soft substance is likely drugs unless he has a lot more evidence than that at hand. A good attorney can get that excluded. Also, the police do
NOT have the right to tell you to ‘ empty your pockets ‘. No way. Just refuse and say “ I do NOT give consent to any searches “. Make that a
mantra. Later it will be invaluable. Never volunteer to empty your pockets; the cops try and demand that you do so because they have no probable cause
to do it themselves and they want you to GIVE it to them!! “ Open your trunk “ Empty your pockets “ The cops say this like an order and most
Americans are so intimidated by the police that they assume that they are under some obligation to obey. WRONG!