reply to post by Jaellma
I know some answers to this question because I recently had a run-in with police doing an illegal search and seizure on my house, for which I was not
The police are required to keep an audio recording of all of their traffic stops, and everything they do. So you could ask the question "What are my
rights?" and if the police officer does not answer this, it can be used against him in the court of law. You could also ask "Do I have a right to know
why I was pulled over, officer?" and if the police officer lies about this, it could be used against him in the court of law.
If the police officer then wanted to search your car, you could say, "I'm sorry officer, but I am uncomfortable with people searching my car. Do you
have a warrant or probable cause? If not, I am going to have to ask you to get a warrant."
Also, you could ask to call your attorney while at the traffic stop if you wanted to. After the event, when you hire an attorney, you can ask the
attorney to file for disclosure, which means that the police are going to be forced to hand over any files or procedures they used when pulling you
over, including their audio recording.
In fact, when talking to my aunt about similar issues about the N.S.A. roving wiretaps and how police officers are being trained to rewrite the series
of events that led up to the arrest or warrant to make it appear legal, my aunt informed me that if you request disclosure, the police are going to be
forced to hand over the real documents, and it they fabricated anything, that means that your case is going to be thrown out completely.
When a warrant is issued, it is issued for a specific person and a specific place, only. Therefore, violation of these terms results in evidence that
cannot be admitted to court. What makes the roving wiretaps that the N.S.A. uses illegal, is that they are not using a warrant, and even if they were,
the warrant would be illegal because it would be issued for multiple (as in everyone) people in multiple (for example, one cell phone or computer is
considered one location) places.
That is why the police have to lie about how they got the information, however, you now know the proper legal defense for this as well.
These are all options you have, as you can see, I kind of set them up so that there are multiple back-up plans to use in the order you see fit,
therefore, you always have another card up your sleeve. It should help you feel more confident, at least. Especially knowing that you will nearly
always have a back-up plan to use in case your current technique fails.
Hopefully now that you know some of your rights, you can engage in conversation with the police officer that is less stressful and more
A good conversation starter is, "Is there a problem, officer?" because that is pretty common place and non-threatening and not suspicious, you
edit on 27-10-2013 by darkbake because: (no reason given)