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Originally posted by Miraj
reply to post by SmokeandShadow
I hope you enjoy getting routinely shot when you get pulled over for a minor traffic violation.
Because if every cop is fearing every citizens pressence they are going to be shooting at the drop of a hat.
Really guys, think these things through..
The guy arrested unfortunately didn't know his rights. He had no right to be arrested, or even ID'ed. Cops like to make you think you have to provide ID if they ask, but you don't (with the exception of showing a driver's license while driving a vehicle [also with the exception of providing an affidavit legally stating your constitutional right to travel freely, but that's another matter entirely]). If a cop asks to see your ID, you simply have to ask, "Am I being detained?" If they say "No," then you don't have to give ID, and you should follow up by asking, "So can I go now?" If they don't let you go, then they are breaking the law by detaining you unlawfully, especially when they just stated that you aren't being detained. When they won't say "No," they will try to word their way around it by repeating things like, "Sir I need to see your ID." And you just keep asking, "Am I being detained?" They cannot detain you without suspicion that you are, were or about to commit a crime. If the cop says "Yes, you are being detained," then you must ask, "On what grounds?" If they can't come up with a reason, then congratulations, you've already won and it's best to cooperate from that point because you will win in court. Obviously if you actually did something wrong, you will be cited and/or arrested. Keep in mind there is a difference between detainment and arrest. To be detained is to be prevented from leaving the scene. To be arrested is to be taken into custody. You can also be detained if a cop believes you were a witness to a crime and they need to take a statement. In this case, if you don't believe you were a witness, you can simply say, "I didn't see anything." And repeat the "Am I being detained," process.
I hope this helps anyone who may run into a police power trip scenario.
Originally posted by brindle
If i was the cop and I asked him to show me his I.D.,and he walked away from me like that,I would have thrown him down cuffed him,and booked him for failure to obey orders and acting like a fool in public
Originally posted by Starwatcher
As Cartman would say,
"Respect My AUTHORITY!"
One thing you don't do in NYC is mouth off to the cops, they are mostly roid ragers and the slightest thing sets them off. This # happens all the time. Good to see it get caught on tape.
Originally posted by SeventhSeal
Honestly, maybe he should've minded his own business. The guy should've known better than to mess with NY cops.
Originally posted by OrphenFire
I don't usually do this but people need to know this information. It was covered up at the bottom of the last page.
The guy arrested unfortunately didn't know his rights. He had no right to be arrested, or even ID'ed. Cops like to make you think you have to provide ID if they ask, but you don't (with the exception of showing a driver's license while driving a vehicle [also with the exception of providing an affidavit legally stating your constitutional right to travel freely, but that's another matter entirely]). If a cop asks to see your ID, you simply have to ask, "Am I being detained?" If they say "No," then you don't have to give ID, and you should follow up by asking, "So can I go now?" If they don't let you go, then they are breaking the law by detaining you unlawfully, especially when they just stated that you aren't being detained. When they won't say "No," they will try to word their way around it by repeating things like, "Sir I need to see your ID." And you just keep asking, "Am I being detained?" They cannot detain you without suspicion that you are, were or about to commit a crime. If the cop says "Yes, you are being detained," then you must ask, "On what grounds?" If they can't come up with a reason, then congratulations, you've already won and it's best to cooperate from that point because you will win in court. Obviously if you actually did something wrong, you will be cited and/or arrested. Keep in mind there is a difference between detainment and arrest. To be detained is to be prevented from leaving the scene. To be arrested is to be taken into custody. You can also be detained if a cop believes you were a witness to a crime and they need to take a statement. In this case, if you don't believe you were a witness, you can simply say, "I didn't see anything." And repeat the "Am I being detained," process.
I hope this helps anyone who may run into a police power trip scenario.