We Are the People!

As most of you know I encountered a very unusual situation a week or so ago at a local banking establishment. It started off in what I thought was a nightmare a week before and ended in a horrifying real ordeal a week later; one where my privilege to drive was confiscated. This is never fun especially if you have more important things to do such as a job or a doctor’s appointment.

It was sudden and without warning. I was innocent of any wrongdoing that day. I say that because I’m not sure if I’m always behaving inside the constraints of the law. The reason being, I don’t know my rights well enough so maybe I am a criminal and don’t know it or maybe I encounter criminals everyday and don’t know it.

While searching for laws that I thought would protect me from detainment by non-law enforcement personnel, I didn’t find very much on the World Wide Web.

I discovered it is allowable if it’s within the investigation of a suspected crime, such as shoplifting yet I found little to nothing on the web addressing my situation which was as the bank claimed, within the investigation of possible identity theft.
Am I this special? Has this NEVER happened before? Or is this society’s little secret and it happens all the time but We The People aren’t aware of Constitution right violations because the media is much too busy promoting lies and propaganda to sell advertisements like they did for 3 years in the Casey Anthony murder trial or the present day daily rhetoric on the George Zimmerman/Trayvon Martin shooting to pay attention and report small incidental Constitutional Right violations?
I have my reading preferences however again I’m in the minority.

Is Detaining Citizens Legal?

It dawned on me, that not knowing your rights can be dangerous to you or any innocent bystanders in certain situations, depending on how well you trust the establishment or the people hired to work there.
A person in a bank, being detained without explanation could act out in an illegal manner but most wouldn’t dare. In a bank with an armed security guard, one is likely to go along with the program and will obey the janitor if he asked to see your identification. No one wants to rock the boat in the bank much like the airport.

Ironically, I proudly carry a Constitutional Rights booklet inside of my purse at all times yet I’m now aware of my inability to apply my Constitutional Rights in my everyday life.
I found myself lost for words and completely incapable of rendering a clear thought. I wasn’t sure if I was being legally detained but I was sure I wasn’t legally able to drive away. It was quite the conundrum.

Our Privilege to Drive

By the way, driving a vehicle is not a Constitutional Right. It’s a privilege. Most of us get into our vehicles hoping we are driving safely. We are obeying all traffic signs and stopping at all of the red lights. We stop at every stop sign for at least 3 seconds and we don’t gun the car when nearing a yellow light.

It’s fairly easy so I’m confident that I’m a good driver, however I lose all confidence in a simple traffic stop. My last traffic stop was over 10 years ago which turned out to be more of an “identity investigation” than one with probable cause because I drove away unscathed with a sick feeling in my stomach.

As laws change on the daily basis since 911, I think we all could use a seminar or two enlightening us on how to live in our new America and what “can we do to live safely in 2012”
I know I can’t get us all update on ALL of the latest laws of the land in one article so I’ll start out with KNOWING YOUR RIGHTS IN A TRAFFIC STOP or other personal encounters with law enforcement. I found the article below: http://www.policewatch.us to be very helpful, straight forward and well written.
Knowledge is what keeps us all safe. Knowledge is what keeps our Constitutional Rights alive and well, intact and happy.

We The People,
Need to know!
~~~

*Please read carefully. http://policewatch.us/system/page.php?id=19

If The Police Stop You What RIGHTS Do You Have?

To stop you the police officer must have specific reasons to suspect your involvement in a specific crime and should be able to tell you the reason. Most times you might be getting pulled over for a traffic violation such as speeding or a tail light is out.

Although the stop may seem wrong or unfair, the police believe they have a reason to stop you. Sometimes they just want to know if you are a witness to a crime or if you know about something suspicious. Sometimes they stop you because some other person reported something suspicious about you or someone who looks like you. So just play it cool, ride it out and see what happens.

Rule #1 – Treat the COP like you would want to be treated.

When stopped or you encounter a police officer stay calm, be polite and civil.

Rule #2 – Keep your mouth shut!

Even if you’re not under arrest you NEVER have to answer ANY questions, “except if the police officer ask for your name, date of birth and address.” It’s generally a good idea to say the same address that’s on your I.D.

Staying silent will not hurt you. Do not let the police persuade you to talk.

The officer may not like this and may challenge you with words like, “If you have nothing to hide, why won’t you speak to me?” Just like the first question, you do not have to answer this one either. They may tell you that staying quiet will make things worse for you or that they’ll go easy on you if you talk but this is not true.

You have every right to refuse to speak with the police. And you shouldn’t speak to them, unless you have first consulted with a lawyer who has advised you differently and who is present when you speak with the police officer.

The Fourth Amendment protects you against unreasonable searches and seizures. If the police want to search your house without your consent, they need a warrant. Warrants may only be issued upon a showing of probable cause, supported by an affidavit.

The Fifth Amendment protects you against giving evidence against yourself, i.e., your right to remain silent. Just as you cannot be compelled to testify against yourself in a criminal trial, neither can you be compelled to answer a police officers questions.

Anything you say can and WILL be used against you !

So keep your mouth shut and say nothing!

Some cops are worse than others and a lot of them may treat you differently if they think you know your rights. The police depend on fear and intimidation to get what they want.

If you run into a really bad cop, talking back to him and standing up for your rights might get you beaten up or killed, so be careful about the realistic limits of “the law” and of your rights as an American. Cops are perhaps the most dangerous members of our society, so be careful when you talk to them.

ALSO NEVER SIGN ANYTHING !!!

Never sign anything a police officer or a federal agent might give you, other than a traffic warning or traffic citation.

Anything You Say Can And Will Be Used Against You!

On traffic stops the police usually will ask you “personal” questions such as, where are you going, where have you been, who did you see, how long did you visit, ect. At that point it’s the perfect time to exercise your RIGHTS by asking the officer, “AM I FREE TO GO?”

The Federal Supreme Court has ruled that as long as the police do not force an individual to do something, the individual is acting voluntarily, even if a normal person would feel very intimidated and would not reasonably feel they could say no. See (Florida v. Bostick, 1991) If you do what a policeman tells you to do before you are arrested, you are ‘voluntarily’ complying with their ‘requests’.

There is NO legal requirement that citizens provide information about their comings and goings to police officers! Another words it’s none of the police officers damn business! There is NO law that says you must tell a police officer where you are going or where you have been.

Keep your mouth shut and say nothing!

Remember there is no legal requirement that citizens provide information about their comings and goings to police officers!

There’s only three things you need to tell a cop:

1. Your name

2. Your date of Birth

3. Your address

After that keep your mouth shut!

If they ask you anything else, exercise your RIGHTS by asking,

“AM I FREE TO GO?”

Talking to the police is your decision, not their right! The police must respect your decision on this matter and are forbidden by law to coerce you. Again silence is golden if you even suspect there is the possibility you are a suspect. Get a lawyer and keep quiet.

An “honest cop” will understand and respect your rights. Be polite, civil, and silent! Bad cops will use all sorts of tricks so it is best to have a lawyer.

Remember when confronted by the authorities there is NO law requiring you to talk to them. Even the simplest questions asked by a police officer may be loaded!

On the down side you have no constitutional right to a have a friendly or courteous police officer on the day of your traffic stop. Do not demand to know the reason for the traffic stop. Remain calm, polite and respectful at all times even if you have to fake it! You should immediately produce your license, vehicle registration and auto insurance upon request. Plan ahead by storing these items in an easily accessible place so you are not fumbling around trying to find them in front of the police officer.

A good time to ask “AM I FREE TO GO,” is after the cop has given you a “warning” or a “ticket” and you have signed it. Once you have signed that ticket the traffic stop is legally over with, so says the Supreme Court. Now if you want to stand around and shoot the breeze with the officer or answer his questions, that is up to you. Just remember you don’t have to! After you sign the ticket ask,

“AM I FREE TO GO? “

Be as nice as possible, but stand firm on your rights!
Read Fourth & Fifth Amendments

CONSTITUTIONAL RIGHTS CANNOT BE SUSPENDED — EVEN DURING A STATE OF EMERGENCY OR WARTIME !

Car Searches And Body Searches

Remember they wouldn’t ask you if they didn’t need your permission!

A police officers swore an oath to uphold the Constitution, not to violate your rights against unreasonable search and seizure. If a cop ask or tries to search you, your home or your car say repeatedly,

“I DON’T CONSENT TO THIS SEARCH !”

“The right to be free from unreasonable searches is one of our most precious First Liberties”

You DON’T have to give consent to a law enforcement officer to search your vehicle or home. While you DON’T have to consent, bear in mind that the expectation of privacy in a car is less than the expectation of privacy in your home. Based in part on the lessened expectation of privacy in a car, law enforcement officers are permitted to conduct a warrant less search of a car if the officer has probable cause. “In some cases the police officer will lie and make up a probable cause.”

Just for being stopped for a traffic violation should not allow the officer to search your car; however, if the officer saw you throw an empty beer can out the window, that may be sufficient probable cause to search your car. If the officer smells marijuana as he approaches the car, he then may have suspicion to search. “Alot of times the officer usually will lie and say that he smells a “suspicious” smell. Guess what, the officer now has probable cause at which point he may now search your car.

Let us not forget that our Government has said that, “We the People” have very few rights and very few rights to privacy in a car on a public road, versus being in our home.

If the Police Come to Your Home-You Don’t Have to Open the Door!

If the police knock and ask to enter your home, you DON’T have to open the door unless they have a warrant signed by a judge. Such an invitation not only gives the police officer the opportunity to look around for clues to your lifestyle, friends, reading material, etc; but also tends to prolong the conversation.

There is no law that says you have to open your door to a police officer. Don’t open your door with the chain-lock on either, the police can shove their way in. Police are known to kick in doors. Simply shout “I HAVE NOTHING TO SAY!”

* However, in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant. Ask to see the search warrant and make sure it is signed, has the correct date, correct address, and apartment number, ect.

Remember when confronted by the authorities there is NO law requiring you to talk to them. Even the simplest questions asked by a police officer may be loaded!

NEVER agree to go to the police station for questioning. Simply say, “I HAVE NOTHING TO SAY.”

If The Police Stop You On The Sidewalk…

You are perfectly within your rights to say to the officer who asks to speak with you, “Officer, I do not want speak with you. Good-bye.” At this point you should be free to leave the officer’s presence. The officer may not like this and may challenge you with words like, “If you have nothing to hide, why won’t you speak to me?” Just like the first question, you do not have to answer this question either.

The next step the officer might take is to ask for identification. If you have Identification on you, tell the officer where it is and ask permission to reach for it.

As bad cops are control freaks and will use even an accidental bumping up against you as an excuse to charge you with assault on a police officer and resisting arrest, as well as justification for the use of force. Be careful and keep your hands in view at all times, telling the cop you are going to reach into your pockets for your license, as you might risk getting shot. Avoid any sudden moves with your hands for the same reason and remain calm, as being agitated will cause some cops to arrest you for interfering or worse.

So keep your mouth shut and say nothing!

There is no legal requirement that citizens provide information about their comings and goings to police officers! Another words it’s none of the police officers business! There is no law that says you must tell a police officer where you are going or where you have been.

Remember when confronted by the authorities there is NO law requiring you to talk to them. Even the simplest questions asked by a police officer may be loaded! NEVER agree to go to the police station for questioning. Simply say, “I HAVE NOTHING TO SAY.”

Probable Cause…

A police officer has no right to detain you unless there exists reasonable suspicion that you committed a crime or traffic violation. However, a police officer is always allowed to initiate a voluntary conversation with you.

Sometimes it is unclear whether or not a person is detained. If you are in doubt, you should ask the police officer if you are in “free to leave.” Now if the police officer doesn’t have “probable cause”, and you refuse him to search your car, he might bring in a drug dog. At this point since the officer has no probable cause, he may be illegally detaining you. Tell the officer that you have an appointment and you’re running late, and you really don’t have time to stay. Ask him if you’re free to leave so that you’re not late for that appointment.

Under the Fourth Amendment to the U.S. Constitution, police may engage in “reasonable” searches and seizures.

To prove that a search is “reasonable,” the police must generally show that it is more likely than not that a crime has occurred, and that if a search is conducted it is probable that they will find either stolen goods or evidence of the crime. This is called “probable cause.”

Police may use first-hand information, or tips from an “informant” to justify the need to search your property. If an informant’s information is used, the police must prove that the information is reliable under the circumstances.

Here is a case where the police used a “informant’s information” and the police officers took it upon themselves to kick in a door of a home at 1:30 in the morning without obtaining a search warrant. The aftermath was six police officers firing over 30 shots, and shooting an innocent man 9 times in the back as he laid on the ground.

What You Don’t Know Could Change Your Life Forever…

You might ask don’t police have to tell me that I have the right not to be searched? After all, when a suspect is arrested, he is told before interrogation takes place — that he has the right to remain silent.

The Supreme Court has said NO. According to the Court, the fact that a person might not know he has the right to refuse a search is merely one factor in the determination of whether his consent is voluntary. The Court has reasoned that the police do not need to give warnings — to eliminate any doubt about the suspect’s knowledge of her rights — because warnings might detract from the informality of an otherwise “friendly” interaction between “civilians and the police.” So one might ask himself, is someone that would use something against you, really a “friend?”

The Supreme Court has explained that “the community has a real interest in encouraging consent, for the resulting search may yield necessary evidence for the solution and prosecution of crime….” Furthermore, the Court has concluded, it would be “thoroughly impractical” to require an effective warning about the right to refuse. So another words the Supreme Court says ignorance of your rights is no excuse!

Can We Trust the Cops?

Are police officers allowed to lie to you? Yes the Supreme Court has ruled that police can sink to the lowest of low and be deceitful and lie while questioning you.

Police officers are very good at lying, twisting words and they are trained to be manipulative. Don’t try to out smart the officer, or try being a smooth talker, because you will loose! If you can keep your mouth shut, you might just come out ahead more then you expected

Police officers and other law enforcement agents are very skilled at getting information from people. Many people are afraid that if they refuse to cooperate, it will appear as if they have something to hide. Don’t be fooled. The police are allowed to (and do) LIE to you.

The federal government made a law that says citizens can’t lie to federal agents. They can lie to us, but we can’t lie to them. Makes perfect since don’t it? The best thing you can do is ask for a lawyer and keep your mouth shut. How can you be charged with something if you haven’t said anything?

Although police officers may seem nice and pretend to be on your side, they are likely to be intent on learning about the habits, opinions, and affiliations of people not suspected of wrongdoing, with the end goal of stopping political activity with which the government disagrees. Don’t try to answer the police officers questions, or try to “educate them” about your cause, it can be very dangerous! You can never tell how a seemingly harmless bit of information that you give the police officer might be used and misconstrued to hurt you or someone else. And keep in mind that lying to a federal agent is a crime.

Officers may promise shorter sentences and other deals for statements or confessions. The police cannot legally make deals with people they arrest. The only person who can make a deal that can be enforced is the prosecutor, and he should not talk with you without a lawyer present who represents you.

Teach your children that the cops are not always their friends, and the police officer must contact a parent for permission to ask your child any questions. Remember that the police are trained to put you at ease and to get you to trust them. Their job is to find, arrest and help convict a suspect. And that suspect is you!

Remember that the officer is not trying to be your buddy and become a new friend, they are on a “fishing expedition” to find something against you! They have nothing criminal on you, so there looking for anything while they have you pulled over. Also keep in mind that the entire conversation is being recorded and video taped by the police. Remember to speak clearly and look at the video camera in the police car and say “AM I FREE TO GO?” and/or “I DO NOT CONSENT TO THIS SEARCH!”

Lies That The Police Use To Get You To Talk…

There are many ways the police will try to trick you into talking. Its always safest just to say the Magic Words: I am going to remain silent. I want a lawyer.

The following are common lines the police use when they’re trying to get you to talk:

* “You will have to stay here and answer my questions” or “You’re not leaving until I find out what I want.”

* “I have evidence on you. Tell me what I want to know or else.” (They can fabricate ”fake” evidence to convince you to tell them what they want to know.)

* “You’re not a suspect. Were simply investigating here. Just help us understand what happened and then you can go.”

* “If you don’t answer my questions, I won’t have any choice but to take you to jail.”

* “If you don’t answer these questions, you’ll be charged with resisting arrest.”

You don’t have to answer any of the police officers questions. Simply say: I have nothing to say! I would like to speak to a lawyer. When the police officer says: Why you want a lawyer, you’re not under arrest. Then you would say: AM I FREE TO GO?

DON’T EVER TOUCH A POLICE OFFICER!

Never resist physically! Don’t run from the police or resist, even if you believe you are innocent.

As bad cops are control freaks and will use even an accidental bumping up against you as an excuse to charge you with assault on a police officer and resisting arrest, as well as justification for the use of force. Be careful and keep your hands in view at all times. Tell the police officer when you are going to reach into your pockets for your license, this is to avoid getting shot. Avoid any sudden moves with your hands for the same reason and remain calm, as being agitated will cause some cops to arrest you for interfering or worse.

Police Pat Downs…

The police are allowed to pat down your clothing “for their protection” if you’re being “detained”, to look for weapons and they’re allowed to search you if you’re being arrested. A police officer CAN’T go through your pockets or make you empty your pockets, unless you are under arrest.

Your car can be searched without a warrant so long as the officer has “probable cause”. Which means “probable cause” could be anything their imagination thinks up.

To protect yourself, make it clear that you “don’t consent to a search” and ask why they are searching you. Remember the reason they give you. If they claim to have a warrant, ask to see it. Whether or not they have a warrant, you can protect your CONSTITUTIONAL RIGHTS by making it clear that you do not consent to a search.

Remember they wouldn’t ask you if they didn’t need your permission!

Safe Things To Do When You Are Frisked By The Police..

The law allows police to frisk you. “Frisk” means the police can place their hands on your body and pat you down on top of your clothes if they have reason to believe you have a weapon. If the police feel something that could be a weapon or that they recognize as drugs, the police can go into your pockets and search. Otherwise a police officer CAN’T go through your pockets or make you empty your pockets, unless you are under arrest. Even if the police are wrong, the law allows this pat down and search if the police have reasons to believe you have drugs or weapons. If the police stop you and want to frisk you follow these rules:

1. Do not resist this pat down.

2. Stay still. Stay calm. Stay patient.

3. Do not touch the officer in any way.

If The Police Arrest You…

If you are arrested, the police can search you and the area close by. If you are in a building, “close by” usually means just the room you are in. If an officer comes to your home with an arrest warrant, this might be one of those times NOT to take the cop up on an offer to go get your shoes. The only reason he would offer is to get a chance to search your house! Remember go outside, and lock the door because you don’t need shoes in jail!

If during a search or an arrest the police take anything from you, they must give you a receipt for every item seized, including your wallet and its contents, clothes, and any packages you were carrying when arrested.

“I DON’T WANT TO TALK UNTIL MY LAWYER IS PRESENT.”

* Even if your rights weren’t read, refuse to talk until your lawyer/public defender arrives.

* Do not talk to the inmates in jail about your case.

* Within a reasonable time after your arrest, or booking, you have the right to make a local phone call: to a lawyer, bail bondsman, a relative or any other person. The police may not listen to the call to the lawyer.

* If you’re on probation or parole, tell your P.O. you’ve been arrested, but nothing else.

* If you are arrested and you cannot afford a lawyer, you have the right to a public defender. If you raise bail this right might be taken from you.

* You may be released with or without bail following the booking. If not, you have the right to go into court and see a judge the next court day after your arrest. Demand this RIGHT! When you appear before the judge, ask for an attorney. An attorney has a better chance at convincing a judge to let you out on a lower bail then you could.

Confessions…

There are measures police cannot take when trying to get a confession. They cannot touch a suspect, threaten him or her, or promise him or her anything.

Officers may promise shorter sentences and other deals for statements or confessions. The police cannot legally make deals with people they arrest. The only person who can make a deal that can be enforced is the prosecutor, and he should not talk with you without a lawyer present who represents you.

~~~~~~

😀

 

TheJBMission~

Sources:

http://driversed.com/teen-drivers-education/driving-is-a-privilege-not-a-right.aspx

http://policewatch.us/system/page.php?id=19

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