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USA - How to Deal with Police (cheat sheet)

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OFF THE WIRE
 HOW TO DEAL WITH POLICE


I recently made this chart “How to deal with Police”.  This information is to be used at your discretion. The tone and attitude you demonstrate towards an officer is your own choice in relationship to the circumstance. I believe it is better to know the options and your rights so you can make the best decision in the moment.  I hope this information helps in any future encounters with police and remember Always film police misconduct!                                                                       
- Jason Bassler
Sources:
http://www.facebook.com/policethepoliceACP
https://www.eff.org/wp/know-your-rights
http://sweetvociferation.blogspot.com/2012/07/when-dealing-with-police-helpful-cheat.html
http://jayrameylaw.com/know-your-rights/
http://rense.com/general72/howto.htm
https://www.ohiobar.org/ForPublic/Resources/LawFactsPamphlets/Pages/LawFactsPamphlet-21.aspx
Dont talk to police video: http://www.youtube.com/watch?feature=player_embedded&v=6wXkI4t7nuc




Helmet Law Part 2-proof of Service and the Discovery

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You have now typed up your Informal Discovery and now need to deliver it to the arresting agency (the cops).  I prefer to hand deliver.  Reason is dealing with the cops and the courts is scary, it makes your heart palpitate.  So to overcome my fear, I prefer to meet it head on.  Plus it gives me a feeling of empowerment.  And when I deliver the Proof of Service, I always have my voice recorder turned on just to record any kind of argument.  When you deliver the POS, you are serving the cops...legally.  When you deliver, you need to get the person's name who took the discovery and note the time.  That has to be noted on the POS.  Now if you can't deliver in person, you can also mail.  But do it Certified.  Then note the POS mailed through United States Post Office...and give the address.

You then take two copies of your informal discovery request along with 2 copies of your proof of service and deliver to the court clerk.  The clerk is to stamp one copy and give back to you.  One copy will go in the court file, that way the judge can see you requested the discovery; the other copy goes in your file in case you have to  prove to the judge you requested and filed with the Courts.

Now study the Discovery.  The things asked are really an excellent starting point for creating questions for the officer.  It is best to try and come up with as many questions as possible.  This is your opportunity to make the cop jump.  You do not want to drop the hammer right away, you have to lay a "foundation."

I would recommend acquiring a copy of the California Vehicle Code book...they cost about $11.00 and can be purchased at the DMV.  You can look things up on line, but I prefer the book.  Mark prefers on line, but he is much more in tune with the laws and knows how to pinpoint exactly what he is looking for.  Me, I end up weeding through too much on crap on the internet.

Also, the BOLT website is an excellent source of info.  It is a bit hard to navigate , but Mark did a great job of getting the info on line.  One of the problems is you need to know what to look for or it doesn't make much sense.

Back to the informal discovery; why request 1a?  This is the biggest area (besides getting the ticket) that bikers get screwed on.  They simply do not take the time to understand why and how the cop/courts are screwing them.  BOLT has corrected this through lawsuits, yet if the bikers are unwilling to learn and keep being suckers...what good were those lawsuits?

The helmet violation is under Division 12 of the Motor Vehicle Code. Division 12 is equipment...tail lights, head lights and so on.  All are to be written as CORRECTABLE unless 3 disqualifying conditions are met...in regards to a helmet citation...if the cop let you ride off with the same helmet he has just violated the law if he wrote your ticket as non correctable.  The second attachment is from the BOLT website.

You really really and really need to understand this.  The court clerk will jerk you around, the cops will jerk you around and sometimes the judge.  Writing the ticket as non correctable is a civil rights violation...which we will go over in the internal affairs complaint.  Understand this.  Email me with questions.  Knowledge is power.  You will have to have some understanding of the law, not necessarily as well as Mark does, but some understanding which we will go over further down the road.

All of what we are doing;  you or the ticketed biker are working on this right after the ticket was received...weeks if not months prior to the arraignment date.  You simply cannot procrastinate.  It is a learning process.  Little steps

I have been asked to discuss what to do at the time of the stop...I will go over that in a bit.  Because you really need to have some understanding of the law and the vehicle code.  You cannot do something and say "BOLT said so", you must understand why.

1b)  Why this one?  Many times I asked the violated biker, did the cop take a picture?  Usual response, "I don't know".  We want to see any and all photos AND audio recordings AND a copy of all of the officers notes way in advance of  the actual hearing.  That is why you must start the process right after getting the ticket;  It is preparing for battle.  You must remember YOU (we) are coming from the moral high ground.  We have not violated the law, the cop has.  We  want to enter that battle from a position of strength which is OFFENSE...not defense.  We want to put the cop of the defense. 

Email me with any questions.  Any questions that I share will not have your name or info.  All questions are good and I will do my best to answer or find the answer.

End of the lesson for today.  I will finish up on the informal discovery on part 3

Thank you for taking the time to learn
 
First Middle Last
xxxx Price Street
Yuba City, CA 95962
Defendant in Pro Per
(530) 555-xxxx
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SUTTER
Courthouse East, 463 Second Street
Yuba City, CA 95591
(530) 822-3303
PEOPLE OF THE STATE OF CALIFORNIA                                                              Citation #  A 93xxx
                           v.
FIRST MIDDLE LAST, Defendant.
I served a copy of the following documents (list the title of each document served):
                                               
         Discovery Request per Penal Code 1054 and 1054.5

On (person served):  __________________________        

[ X]  By personally delivering copies to the person served, as follows:
      
       Date: September 2, 2011
       Time: __________  a.m./p.m.
       1545 Poole Blvd.   Yuba City, California  95993

[  ]  By mailing copies to the person served, as follows:
     
       Date:
       Place of mailing (address):

At the time of service I was at least 18 years of age and [  ] am  [X] am not  a party to this cause.

I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.



Date:  September 2, 2011

 

           Name of Server : First, Last
                                                                                                                                          
                                                                                                     Signature of Server: _______________________
           Address : 2267 Juice Street, Steel, CA  95xxx

Proof of Service




Police Lie Under Oath; Their Testimony Shouldn’t Be Trusted More Than Any Other Witness...

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OFF THE WIRE
By Michelle Alexander
Thousands of people plead guilty to crimes every year in the United States because they know that the odds of a jury’s believing their word over a police officer’s are slim to none. As a juror, whom are you likely to believe: the alleged criminal in an orange jumpsuit or two well-groomed police officers in uniforms who just swore to God they’re telling the truth, the whole truth and nothing but? As one of my colleagues recently put it, “Everyone knows you have to be crazy to accuse the police of lying.”
But are police officers necessarily more trustworthy than alleged criminals? I think not. Not just because the police have a special inclination toward confabulation, but because, disturbingly, they have an incentive to lie. In this era of mass incarceration, the police shouldn’t be trusted any more than any other witness, perhaps less so.
That may sound harsh, but numerous law enforcement officials have put the matter more bluntly. Peter Keane, a former San Francisco Police commissioner, wrote an article in The San Francisco Chronicle decrying a police culture that treats lying as the norm: “Police officer perjury in court to justify illegal dope searches is commonplace. One of the dirty little not-so-secret secrets of the criminal justice system is undercover narcotics officers intentionally lying under oath. It is a perversion of the American justice system that strikes directly at the rule of law. Yet it is the routine way of doing business in courtrooms everywhere in America.”
Mr. Keane, in his Chronicle article, offered two major reasons the police lie so much. First, because they can. Police officers “know that in a swearing match between a drug defendant and a police officer, the judge always rules in favor of the officer.” At worst, the case will be dismissed, but the officer is free to continue business as usual. Second, criminal defendants are typically poor and uneducated, often belong to a racial minority, and often have a criminal record. “Police know that no one cares about these people,” Mr. Keane explained.
All true, but there is more to the story than that.
Police departments have been rewarded in recent years for the sheer numbers of stops, searches and arrests. In the war on drugs, federal grant programs like the Edward Byrne Memorial Justice Assistance Grant Program have encouraged state and local law enforcement agencies to boost drug arrests in order to compete for millions of dollars in funding. Agencies receive cash rewards for arresting high numbers of people for drug offenses, no matter how minor the offenses or how weak the evidence. Law enforcement has increasingly become a numbers game. And as it has, police officers’ tendency to regard procedural rules as optional and to lie and distort the facts has grown as well. Numerous scandals involving police officers lying or planting drugs — in Tulia, Tex. and Oakland, Calif., for example — have been linked to federally funded drug task forces eager to keep the cash rolling in.
Exposing police lying is difficult largely because it is rare for the police to admit their own lies or to acknowledge the lies of other officers. This reluctance derives partly from the code of silence that governs police practice and from the ways in which the system of mass incarceration is structured to reward dishonesty. But it’s also because police officers are human.
Research shows that ordinary human beings lie a lot — multiple times a day — even when there’s no clear benefit to lying. Generally, humans lie about relatively minor things like “I lost your phone number; that’s why I didn’t call” or “No, really, you don’t look fat.” But humans can also be persuaded to lie about far more important matters, especially if the lie will enhance or protect their reputation or standing in a group.
The natural tendency to lie makes quota systems and financial incentives that reward the police for the sheer numbers of people stopped, frisked or arrested especially dangerous. One lie can destroy a life, resulting in the loss of employment, a prison term and relegation to permanent second-class status. The fact that our legal system has become so tolerant of police lying indicates how corrupted our criminal justice system has become by declarations of war, “get tough” mantras, and a seemingly insatiable appetite for locking up and locking out the poorest and darkest among us.
https://itunes.apple.com/us/app/motorcyle-helmet-laws/id573720859?mt=8The Worst Kept Secret Cops Lie:
http://blog.simplejustice.us/2009/12/02/the-worst-kept-secret-cops-lie.aspx
This was shared by Joe via CopBlock.org’s ‘submit tab.’

California Law makes helmet violations "fix-it" tickets (correctable).

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OFF THE WIRE
California Law makes helmet violations "fix-it" tickets (correctable).California Vehicle Code
     Division 17
Notice to Correct Violation for Specified Infractions40303.5.    Whenever any person is arrested for any of the following offenses, the arresting officer shall permit the arrested person to execute a notice containing a promise to correct the violation in
accordance with the provisions of Section
40610 unless the arresting officer finds that any of the
disqualifying conditions specified in subdivision (b) of Section
40610 exist:

(a) Any registration infraction set forth in Division 3 (commencing with Section 4000).
(b) Any driver's license infraction set forth in Division 6 (commencing with Section 12500), and
subdivision (a) of Section 12951, relating to possession of driver's license.
(c) Section 21201, relating to bicycle equipment.
(d) Any infraction involving equipment set forth in Division 12 (commencing with Section 24000                  (Where the helmet law is found.)),Division 13 (commencing with Section 29000), Division 14.8 (commencing with Section 34500),
Division 16 (commencing with Section 36000), Division 16.5 (commencing with Section 38000), and
Division 16.7 (commencing with Section 39000).

Amended Ch. 258, Stats. 1992. Effective January 1, 1993.
Notice to Correct Violation40610.   (a) (1) Except as provided in paragraph (2), if, after an arrest, accident investigation, or other
law enforcement action, it appears that
a violation has occurred involving a registration, license, all-
terrain vehicle safety certificate, or mechanical requirement of this code,
and none of the disqualifying
conditions set forth in subdivision (b) exist
and the investigating officer decides to take enforcement
action,
the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the
violator’s
promise to correct the alleged violation and to deliver proof of correction of the violation to
the issuing agency.

(2) If any person is arrested for a violation of Section 4454, and none of the disqualifying conditions
set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall
sign, a written notice containing the violator's promise to correct the alleged violation and to deliver
proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation
pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.

(b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section
or a notice to appear
shall be issued as provided in Section 40522, unless the officer finds any of the
following:

(1) Evidence of fraud or persistent neglect.

(2
) The violation presents an immediate safety hazard.

(3
) The violator does not agree to, or cannot, promptly correct the violation.

(c) If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or
Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.

(d) Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form
approved by the Judicial Council and, in addition to the owner’s or operator’s address and identifying
information, shall contain an estimate of the reasonable time required for correction and proof of
correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety
certificate.
Amended Sec. 27, Ch. 908, Stats. 2004. Effective January 1, 2005.

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PUBLIC RECORDS ACT GUIDELINES

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OFF THE WIRE
INTRODUCTION
These California Public Records Act guidelines describe the prescribed steps necessary for requesting access to inspect and/or obtain copies of public records maintained by the Department of California Highway Patrol (“the Department”) OR ANY CA POLICE DEPT...
The legislative enactment of the California Public Records Act (“the Act”) constituted a statement of policy that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. This policy was made part of the California State Constitution in 2004. It is the policy of the State that governmental records will be disclosed to the public upon request, unless the law provides an exemption from disclosure.
The general assumption is that all records held by state agencies are public and must be made available to the public promptly upon request. However, the Legislature has recognized the need to balance the public’s right to know against compelling rights to privacy and the government’s need to perform its functions in a reasonable efficient manner. As such, the Act contains several specific exemptions from disclosure and incorporates several other statutes that prohibit state employees from disclosing certain types of public records. It is the Department’s burden to justify any withholding of public records.
The Act also establishes reasonable procedures providing for prompt disclosure while allowing state agencies the time to locate records and to determine which records, if any, are exempt from disclosure. The Department’s policy is to provide all members of the public convenient access to, and to promptly make the fullest possible disclosure of, its public records. Department personnel are available to assist persons making such requests and will solicit the assistance of the requestor when clarification of requested records is needed so as to make focused and effective requests that reasonably describe identifiable records. As a law enforcement agency the Department is entitled to treat certain records as exempt from disclosure, and express provisions of the Act, Penal Code, and Vehicle Code, among others, preclude public disclosure of certain records. When a request to review or obtain records is received, whether made in person, by mail, or by other means, it may be necessary for staff to first locate, then secure, and then review the requested items so that a determination can be made whether one or more exemptions apply, prior to having the records made available for viewing or copies provided.
HOW TO REQUEST ACCESS TO A PUBLIC RECORD
Anyone wishing to make a public records request in person may do so during regular business hours at any Department office that is open to the public. Department personnel shall not ask or demand that persons requesting to inspect records provide their identification or the reasons for wanting to inspect records. However, if records are to be picked up or mailed to a requestor, relevant identifying information must be provided. Written requests to inspect or to obtain a copy of a public record should be
addressed to the Department, to any area office, field division office, or to Department Headquarters. The Headquarters address is
California Highway Patrol
601 North 7th Street
Sacramento, CA 95811
Attention: Public Records Coordinator
The Headquarters facsimile for requests under the Act is 916-322-3219. The written request need not be in any particular form, but should sufficiently describe the requested records to enable Department personnel to identify and locate the records sought. While not required by the Act, it is helpful for the request to include a telephone number or address where the person requesting the record can be reached to expedite the resolution of any questions concerning the request that may arise.
THE DEPARTMENT’S RESPONSE TO PUBLIC RECORDS REQUESTS
If the records are clearly disclosable, they will be made available as soon as possible. However, in most cases staff will have to review the records to determine whether all or part maybe privileged, confidential, or otherwise exempt from disclosure. Within 10 days from the date the request is received, the Department will determine whether the request, in whole or in part, seeks copies of disclosable public records in the Department’s possession and notify the requestor of such determination. In unusual circumstances, the 10-day time limit may be extended up to an additional 14 days by written notice to the requestor, setting forth the reason for the time extension (i.e., the request is too voluminous, seeks records held off site, or requires consultation with other agencies). The Department may need to request additional information if the request is not specific enough to permit the identification of the requested records. If the determination by the Department is made to comply with the request, the records will be made available as promptly as is reasonably practicable. While the Department will disclose or otherwise make available identifiable and existing records, the Act does not require the Department to create, synthesize, manufacture, or summarize records: the Act specifically does not obligate the Department to develop new records so as to be able to respond to a request.
Any request may be denied if the records sought are determined to be privileged, confidential or otherwise exempt from disclosure, or are not found in the Department’s files or records. Notification of such a determination will be provided. The Department must justify the withholding of any record by demonstrating that the record is exempt under the Act or that the public interest in nondisclosure outweighs the public interest in disclosure. In most circumstances, when the Department removes or redacts exempt information from the record, it will disclose the remainder of the record.
REQUESTS TO VIEW PUBLIC RECORDS
Public records may be reviewed during regular business hours (generally weekdays from 8:00 a.m. to 5:00 p.m. excluding holidays), at Department offices open to the public. Individuals who are interested in viewing public records are encouraged to make an appointment in advance. Appointments are not mandatory but can help Department staff facilitate the request, and the failure to make an appointment may result in a delay while the records are located and reviewed. Persons wishing to enter secured parts of the Department buildings must comply with the Department’s security protocol, including providing identification.
REQUEST FOR COPIES OF PUBLIC RECORDS
The Department will make copies of records for members of the public upon request. The Act provides that copies of records will be made promptly available upon payment of fees that cover the direct costs of duplication. The Department currently charges $0.30 per page for copying. The direct cost of duplication includes the pro rata expense of the duplicating equipment and the staff required to make a copy of that record. Direct costs of duplication does not include the staff person’s time in researching, retrieving, redacting and mailing the record. When the Department must compile electronic data, extract information from an electronic record, or undertake computer programming to satisfy a request, the Department may require the requestor to bear the full costs, not just the direct cost of duplication.
A public record that is not exempt from disclosure that is in an electronic format will be made available in an electronic format, if requested, but only if it does not jeopardize the security or integrity of the record or any proprietary software. The requestor will be charged the cost of producing an electronic copy of the record. Alternative charges apply for public records that are maintained in other formats, such as audio or video.
HOW TO CHALLENGE THE DEPARTMENT’S DETERMINATION NOT TO DISCLOSE RECORDS
Under the Act any person may seek mandamus, injunctive or declarative relief in any court of competent jurisdiction to enforce the right to inspect or to receive a copy of any public record.
These guidelines are posted in a conspicuous public place at Department offices that are open to the public, are available free of charge to any person who requests them, and are also available on the Department’s website (www.chp.ca.gov).

How to File a Complaint Against a Police Officer

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Never ... ever... walk into a police station by yourself and try to file a complaint against a police officer. Civilian testers have shown that you may be harassed or falsely arrested for doing so.
 Police complaints are allegations of misconduct and you as a citizen have the right to file a police complaint. When someone files a police complaint against a police officer an incident report is placed in the officer's record, so as to hopefully keep the officer from continuing to abuse his or her authority. It also makes the officers superiors aware that there might be a problem with an individual police officer that needs to be addressed. Filing a police complaint and reporting police misconduct is a step towards ending this abuse of power by police.
  Examples of police misconduct:
 Rudeness
 Excessive force
 Soliciting or accepting bribes
 Drinking on duty
 Harassment
 Making a false report (good for alleging in the case of traffic tickets)
 Use of narcotics (on or off duty)
 Discrimination
 Altering information on an official document
 Careless driving (driving rapidly and/or aggressively to a minor call
 Racial or ethnic intimidation
 Malicious threats or assault
 Sexual harassment 
 Police complaints will not get a victim compensated for police abuse. Police complaints are not law suits. If you file a complaint against a police officer and the police clear themselves as they often do, the only recourse you may have is a civil law suit. A civil law suit you may receive compensation if you and your attorney can prove damages or civil rights violations.  Contact a competent civil rights attorney if you need more information about filing a law suit for civil rights violations.  
 To file a complaint on a police officer "one of a less serious nature," you need to send a written complaint "certified mail with return receipt." You can send the police complaint to Internal Affairs. Certified mail gives you some type of proof that you actually filed a complaint against a police officer. If you don't send the complaint certified mail the letter sometimes gets lost or misplaced by someone at the police department.
 As soon as possible write down everything that happened. Don't worry about sending your complaint off right away. Wait a few days and go back over your written complaint and see what you might have forgotten the first time you wrote it. There's no need for "emotions" to be involved, when you write your complaint and the most important thing is to be truthful! If the police catch you in a lie, your complaint won't be credible nor will any other complaints you send in the future. You could even be charged for making a false report against a police officer and in some states be sued.
 The more information in your written complaint the better. Your compliant should include:
 Who is the officer you're filing a complaint against? Name or badge number?
 What the officer said or did? Was he rude, abusive or used excessive force?
 When did it happen? Date and time.
 Where did it occur? Location?
 How did the incident occur? 
 Do you have corroborating witnesses, whose story does not conflict with yours? If you have witnesses you should ask each of them to write a separate account of the incident.
 Do you have any type of evidence, like pictures or a video recording? If you do, don't send the "original" to the police, send only a copy. 
 Mail the complaint "certified mail with return receipt requested," to Internal Affairs at the police department or the sheriffs department where the officer works. The complaint will be investigated and you should receive a letter back from the police agency on the status of your complaint. Most police complaints will be in the favor of the police officer, but the good thing is the complaint will stay on the police officers record.
 The police may try and contact you by phone or mail to do a "follow up" about your complaint. Don't answer any questions and never go down to the police station for an interview. Tell them everything they need to know is in your letter you sent and then say good bye. Stick to what you said in your complaint letter and say nothing else!
 There is a time limit on how long you have to file a complaint against a police officer. For minor police misconduct you may have  only 60 days and up to 6 months for more serious allegations.
 If you're interested in knowing what complaints have been filed against police officers in your community, you may request a copy of that information be sent to you from that police agency. Send your request "certified mail with return receipt requested." Request a copy of complaints of police officers from that agency be mailed to you under the "Freedom of Information Act." DON'T ever walk into a police station and ask for this information! Police officers either start acting real stupid on the subject or they get mad and start threatening you.
 Never file a complaint directly with a police agency specially if the complaint is of a serious nature, see an attorney! If you do plan on hiring an attorney, get one who doesn't work in your area. Don't get a lawyer from your town, county or from the surrounding counties. Local lawyers work with same judges, prosecutors and police officers on a daily basis and may not want to win your case as bad as you do.
 You may also contact your State Attorney General. For serious incidents call the ACLU hot line 1-877-634-5454 or contact the Department of JusticeClick here for the (DOJ) site.

Know Your Rights When Dealing With Police Officers - 2013 Update

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OFF THE WIRE

A Police Officers Worst Enemy Is A Well Informed Citizen Who Knows Their Rights!

 Police officers hate to hear these words:
"Am I free to go?"
"I don't consent a search."
"I'm going to remain silent."

When a Police Officer Stops You

  To stop you a police officer must have a specific reason to suspect your involvement in a specific crime and should be able to tell you that reason when you ask. This is known as reasonable suspicion. A police officer usually will pull you over for some type of "traffic violation," such as speeding or maybe not using your blinker. Throwing a cigarette butt or a gum wrapper out your car window is reason enough for the police to pull you over, ticket you for littering and start asking you all sorts of personal questions.

Your Rights During a Traffic Stop. Top Five (5) Things to Know About Protecting Yourself from the Police:

 #1 - Safety. The first thing is your safety! You want to put the police officer at ease. Pull over to a safe place, turn off your ignition, stay in the car and keep your hands on the steering wheel. At night turn on the interior lights. Keep your license, registration, and proof of insurance always close by.
 Build a trust with the police officer be a "good citizen" be courteous, stay calm, smile and don't complain. Show respect and say things like "sir and no sir." Never bad-mouth a police officer, stay in control of your words, body language and your emotions. "All this takes practice, try practicing with a friend." The idea is to get the police officer to understand that you're just an average ordinary citizen and let you get on your way down the road. Never touch a police officer and don't run away!

 #2 - Never Talk To A Police Officer. The only questions you need to answer is your name, address and date of birth and nothing else! Instead of telling the police officer who you are, simply give him your drivers license or I.D. card. All the information the police officer needs to know about you can be found on your drivers license. Don't volunteer any more information to the police officer, if he ask you any other questions politely say "Am I free to go?" and then don't say another word.
   #3 - I'm Going to Remain Silent. The Supreme Court has made a new ruling that you should Never Talk to a Police Officer without an attorney, but there's a CATCH! New Ruling  Before you're allowed NOT to talk to a police officer, you must TELL the police officer "I'm Going to Remain Silent" and then keep your mouth shut! (How can you be falsely accused and charged if you don't say anything?) Anything you say or do can and will be used against you at any time by the police.

 #4 - Just Say NO to Police Searches! If a police officer didn't need your permission to search, he wouldn't be asking. Never give permission to a police officer to search you, your car or your home. If a police officer does search you, don't resist and keep saying "I don't consent to this search."
   #5 - "Am I Free to Go?" As soon as the police officer ask you a question ask him "Am I free to go?" You have to ask if you're "free to go," otherwise the police officer will think you are voluntarily staying. If the police officer says that you're are being detained or arrested, say to the police officer"I'm Going to Remain Silent"

Anything You Say Can And Will Be Used Against You!

 Police officers need your permission to have a conversation, never give it to them!

 Never voluntarily talk to a police officer, there's no such thing as a "friendly chat" with a police officer. The Supreme Court has recently ruled that you should NOT talk to a police officer without a lawyer and you must say "I'm going to remain silent." It can be very dangerous to talk to a police officer or a Federal Agent. Innocent people have talked to a police officer and ended up in jail and prison, because they spoke to a police officer without an attorney.

 Police officers have the same right as you "Freedom of Speech," they can ask you anything they want, but you should never answer any of their questions. Don't let the police officer try and persuade you to talk! Say something like "I'm sorry, I don't have time to talk to you right now." If the cop insists on talking to you, ask him "Am I free to go?" The police officer may not like when you refuse to talk to him and challenge you with words like, "If you have nothing to hide, why won't you speak to me? Say again "I told you I don't have time to talk to you right now, Am I free to go?" If you forget or the police officer tricks you into talking, it's okay just start over again and tell the police officer "I'm going to remain silent."

 The Supreme Court has ruled that if a police officer doesn't force you to do something, then you're doing "voluntarily." That means if the police officer starts being intimidating and you do what he ask because you're "afraid," you still have done it voluntarily. (Florida v. Bostick, 1991) If you do what the police officer ask you to do such as allowing him to search your car or answer any of his questions, you are 'voluntarily' complying with his 'requests.'So don't comply, just keep your mouth shut unless you say "Am I Free to Go?" or "I don't consent to a search."

 You have every right NOT to talk to a police officer and you should NOT speak to a police officer unless you have first consulted with a lawyer who has advised you differently. Police officers depend on fear and intimidation to get what they want from you. Police officers might say they will "go easy" on you if you talk to them, but they're LIARS! The government has made a law that allows police officers to lie to the American public. Another reason not to trust the police! So be as nice as possible, but stand your ground on your rights! Where do some of your rights come from? Read the Fourth and Fifth Amendment of the U.S. Constitution.

Traffic Stops and Your Rights

  First of all keep your license, registration and proof of insurance in an easily accessible place such as attached to your sun visor. The less time it takes for you to get to these items, the less time the officer has to look through your windows and snoop. When pulled over by a police officer stay in the car, turn on the cab lights and keep your hands on the steering wheel. Sit still, relax and wait for the officer to come to you. Any sudden movements, ducking down, looking nervous or appearing to be searching for something under your seat is dangerous! Just sit up naturally be still and try to put the officer at ease."

 Police officers like to ask the first question and that usually is, "do you know the reason I pulled you over?" The police officer is trying to get you to do two things, admit that you committed a traffic violation and to get you to "voluntarily" start a conversation with him. Remember the police officer is not your friend and should not be trusted! The only thing you should say is "I'm going to remain silent and am I free to go?"

 The police officer might start asking you personal questions such as "where are you going, where have you been and who did you see, ect." At that point it's the perfect time to exercise your rights by asking the police officer "AM I FREE TO GO?" There is NO legal requirement that American citizens provide information about their comings and goings to a police officer. It's none of their damn business! Keep asking the police officers "AM I FREE TO GO?" You have to speak up and verbally ask the police officer if your allowed to leave, otherwise the courts will presume that you wanted to stay and talk to the cops on your own free will.

 Passengers in your vehicle need to know their rights as well. They have the same right not to talk to a police officer and the right to refuse a search "unless it's a 'pat down' for weapons." The police will usually separate the passengers from each other and ask questions to see if their stories match. All passengers should always give the same answer and say, "I'm going to remain silent and am I free to go?" Remember you have to tell the police officer that you don't want to talk to him. It's the law

 How long can a police officer keep you pulled over "detained" during a traffic stop? The Supreme Court has said no more than 15 minutes is a reasonable amount of time for a police officer to conduct his investigation and allow you to go FREE. Just keep asking the police officer "AM I FREE TO GO?"

 A good time to ask  "AM I FREE TO GO,"  is after the police officer 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 says the U.S. Supreme Court. There's no law that requires you to stay and talk to the police officer or answer any questions. After you have signed the ticket and got your license back you may roll up your window, start your car and leave. If you're outside the car ask the police officer, "AM I FREE TO GO?" If he says yes then get in your car and leave.

Car Searches And Body Searches

Remember the police officer wouldn't be asking you, if he didn't need your permission to search! "The right to be free from unreasonable searches is one of America's most precious First Liberties."

  Just because you're stopped for a traffic violation does NOT allow a police officer to search your car. However if you go riding around smoking a blunt and get pulled over, the police officer smells marijuana, sees a weapon or drugs in plain view he now has "probable cause" to search you car and that's your own stupid fault!
 Police officers swore an oath to uphold the U.S. Constitution and not to violate your rights against unreasonable search and seizure Fourth Amendment.  Denying a police officers request to search you or your car is not an admission of guilt, it's your American right! Some police officers might say, "if you have nothing to hide, you should allow me to search." Politely say to the police officer "I don't consent to a search and am I free to go?"

 The police officer is allowed to handcuff you and/or detain and even put you in his police car for his safety. Don't resist or you will be arrested! There's a big difference between being detained and being arrested. Say nothing in the police car! Police will record your conversation inside the police car, say nothing to your friend and don't talk to the police officers!

 If you are arrested and your car is towed, the police are allowed to take an "inventory" of the items in your car. If anything is found that's illegal, the police will get a warrant and then charge you with another crime.

Police Pat Downs...

  For the safety of police officers the law allows the police to pat down your outer clothing to see if you have any weapons. If the police officer feels something that he believes is a weapon, then he can go into your pockets and pull out the item he believes is a weapon.

 A police officer may ask you or even demand that you empty your pockets, but you have the right to say "NO, AM I FREE TO GO?" There's NO law that requires you to empty your pockets when a police officer "ask you." The only time a police officer should be taking your personal property out of your pockets is after you have been arrested.

If a Police Officer Knocks at Your Door at 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. "If the police have a warrant they won't be knocking, they'll be kicking in your door!" There is NO law that requires you to open your door to a police officer.*  Don't open your door with the chain-lock on either, the police will shove their way in. Simply shout to the police officers "I HAVE NOTHING TO SAY" or just don't say anything at all.

 Guest and roommates staying in your home/apartment/dorm need to be aware of their rights specially "college students" and told not to open the door to a police officer or invite police officers into your home without your permission. Police officers are like vampires, they need your permission to come into your home. Never invite a police officer into your home, such an invitation not only gives police officers an opportunity to look around for clues to your lifestyle, habits, friends, reading material, etc;  but also tends to prolong the conversation.

 If you are arrested outside your home the police officer might ask if you would like to go inside and get your shoes or a shirt? He might even be nice and let you tell your wife or friend goodbye, but it's a trick! Don't let the police officer into your house!

 Never agree to go to the police station if the police want to question you. Just say, "I HAVE NOTHING TO SAY."

 * In some emergency situations (for example when a someone is screaming for help from inside your home, police are chasing someone into your home, police see a felony being committed or if someone has called 911 from inside your house) police officers are then allowed to enter and search your home without a warrant.

 Children have rights also, if you're under 18 click here. If your children don't know their rights and go talking to a teacher, school principal, police officer or a Federal agent without an attorney could cost your family dearly and change the lives of your family forever!

If a Police Officer Stops You On The Sidewalk...

 NEVER give consent to talk to a police officer. If a police officer stops you and ask to speak with you, you're perfectly within your rights to say to the police officer "I do not wish to speak with you, good-bye. "New Law  At this point you should be free to leave. The next step the police officer might take is to ask you for identification. If you have identification on you, tell the officer where it is and ask permission to reach for it. "Some states you're not required to show an I.D. unless the police officer has reasonable suspicion that you committed a crime." Know the laws in your state!

 The police officer will start asking you questions again, at this point you may ask the officer "Am I Free to Go?" The police 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. Just ask "Am I Free to Go?"
  Police officers need your permission to have a conversation, never give it to them. There is NO law that says you must tell a police officer where you are going or where you have been, so keep your mouth shut and say nothing! Don't answer any question (except name, address and age) until you have a lawyer.

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. You always have the right not to talk or answer any questions a police officer ask you. Just tell the police officer "I'm going to remain silent."

  Under the Fourth Amendment of 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's more likely than not that a crime has occurred and that if a search is conducted it is probable that the police officer will find evidence of the crime. This is called "probable cause."

    Police may use first hand information or tips from an informant "snitch" to justify the need to search your property or you. If an informant's information is used, the police must prove that the information is reliable under the circumstances to a judge.

    Here's a case when police officers took the word of a "snitch," claiming he knew where a "drug dealer" lived. The police officers took it upon themselves to go to this house that the snitch had "picked at random" and kick in the door at 1:30 in the morning ,without obtaining a search warrant from a judge. 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.  Read How Police In Texas Are Allowed to Murder Innocent People and Get Away With It

Can We Trust Police Officers?

  Are police officers allowed to lie to you? Yes the Supreme Court has ruled that  police officers can lie to the American public. Police officers are trained at lying, twisting words and to be manipulative. Police officers and other law enforcement agents are very skilled at getting information from people. So don't try to "out smart" the police officer or try being a "smooth talker" because you will loose! If you can keep your mouth shut, you just might come out ahead more than you expected.

  Teach your children that police officers are not always their friend and police officers must contact a parent for permission before they ask your child any questions. Remember police officers are trained to put you at ease and to gain your trust. Their job is to find, arrest and help convict a suspect and that suspect is you!

 The federal government created a law that says citizens can't lie to Federal Agents and yet the government can lie to American Citizens. Makes perfect since doesn'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 wanting to learn your habits, opinions, and affiliations of other people not suspected of wrongdoing. Don't try to answer a police officers questions, it can be very dangerous! You can never tell how a seemingly harmless bit of information that you give to a police officer might be used and misconstrued to hurt you or someone else. Keep in mind that lying to a federal agent is a crime. "This why Martha Stewart went to prison, not for insider trading but for lying to a Federal Agent."

 Police officers may promise shorter sentences and other deals for statements or confessions from you. The police cannot legally make deals with people they arrest, but they can and will lie to you. 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.

Lies That Police Officers Use To Get You To Talk...

 There are many ways a police officer will try to trick you into talking. It's always safe to say the Magic Words: "Am I free to leave, if not I'm going to remain silent and I want a lawyer."

 The following are common lie's the police use when they're trying to get you to talk to them:
*  "You will have to stay here and answer my questions" or "You're not leaving until I find out what I want to know."
*  "I have evidence on you, so 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."
* "Your friend has told his side of the story and it's not looking good for you, anything you want to say in your defense?"
 If The Police Arrest You...

 "I DON'T WANT TO TALK UNTIL MY LAWYER IS PRESENT"
* Don't answer questions the police ask you, (except name, address and age)until you have a lawyer.
* Even if the police don't read your Miranda Rights to you, refuse to say anything until your lawyer/public defender arrives. If you "voluntarily" talk to the police , then they don't have to read your Miranda Rights.
* If you're arrested and can not afford an attorney, you have the right to a public defender. If you get a public defender always make it clear to the judge that the public defender is not representing you, but merely is serving as your counsel.
* Do not talk to other jail inmates 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, 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 and say nothing else!

JUST OUT HAVING FUN...

Knife Laws in California: Is It Legal to Carry One ? By Jim March and also Sy Nazif, Esq.

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OFF THE WIRE
 The information posted below is from a well-known article written by Jim March on 5/16/2002 titled, "California Knife Laws: A Comprehensive Guide," url:
http://www.ninehundred.com/~equalccw/knifelaw.html
Also Sy Nazif, Esq. article is from the Bailingwire, newsletter.
ML&R
Philip & Bill

FOR THOSE OF US HERE IN O`SIDE CA, it is written out below.
THE LAWS  VARIE  FROM CITY TO CITY, TOWN TO TOWN,
 COUNTY TO COUNTY ALSO....
 California Knife Laws, Since Oceanside PD follows the state statue here it is,
Oceanside City Code 20. 10
Sec. 20.10 – Weapons - Possession in Public - Prohibited
No person shall be or appear in any street, alley, sidewalk, parkway or any public place or place open to public view while carrying upon his person, or having in his immediate possession, any dangerous or deadly weapon. This section shall not be construed to duplicate prohibitions of California state statute, or to prohibit the possession of weapons expressly authorized by California state statute.

1. 
SECTION FIVE: DEALING WITH LAW ENFORCEMENT WHEN PACKIN' STEEL
First thing: don't get nervous. If you've read this, you're not going to be breaking any knife laws.  California's knife laws are actually pretty decent, better than most states (even the shall-issue gun permit ones).  If you're nervous, the cop will read that, and he won't know what to think - but the conversation WILL go downhill.
If you're walking past a cop with a legally concealed knife, DO NOT "pat the knife" to make sure the concealment is still effective.  That's the number one way cops spot people packing guns illegally.  They'll think that's what you're doing.  The resulting conversation won't be pleasant.
If there's any chance at all that the guy is gonna search you, politely declare that you're carrying a "pocketknife legal under state law".  Got that?  Tell him where it is on you, let him take control of it.  DO NOT SCARE THE DUDE WITH THE BADGE AND GUN.  Don't reach for nuthin' unless he tells you to do so.  At all times, act like this is just a normal business transaction.
So what if he/she thinks your piece(s) is/are illegal?
You explain that California knife law has changed a bunch of times starting in 1997 and twice more that you know of, so you're not terribly surprised there's confusion.  Calmly explain as much of the relevant Penal Codes as you can recall...if you're into big folders, PC653k and the bit in 12020 about "not readily available if concealed in the closed position" is a start.  If he ain't buying, calmly ask for a supervisor.
If he wants to confiscate your cutlery, ASK FOR A RECEIPT.  If he says anything about "that'll mean you'll get a ticket too, and/or an arrest", stand your ground and calmly ask for a receipt.  He's bluffing because he wants your knife.  Sorry if any cops reading this are offended, but it happens - I've met enough people it's happened to to be a believer, although it hasn't happened to me.  If he just plain takes it without a receipt, get his badge number and/or car number (if the latter is all you can get, record the TIME).  If it was a city or county cop, make a THEFT complaint in detail with your nearest California Highway Patrol station (they investigate local wrongdoing).  If it was CHP, hmmm...complain to the CHP supervisors maybe, or the Sheriff, but for God's sake don't let 'em off clean.
IF YOU HAD TO THREATEN AN ASSAILANT WITH A DRAWN BLADE:
You have two choices: get the hell out of there ASAP and travel far and fast, because odds are, crooks that get chased off by an armed citizen love to file a "he threatened me" complaint and bust YOU.  Bug out.  NOTE: we're talking about a situation in which you haven't committed a crime, and since no actual violence occurred neither did anybody else.  So "fleeing the scene" rules don't really apply.  And you also don't want the SOB coming back with reinforcements and/or heavy artillery.  Time to go!
If that's not possible, because the crook knows where you are or who you are (or have your car's license plate number), jump on 911 and report an attempted crime, pronto.  There are too many lazy cops that just believe the first complaint.  Make yours first.  You'll probably have one major advantage: the crook will have a violent record and you won't.
IF YOU HAD TO ACTUALLY DRAW BLOOD IN DEFENSE:
When the cops show up, there are only three things you should say: I was in fear of my life, I'm too shaken up to talk, I want a lawyer.  (If there are witnesses you know of, point them out to the cops and tell the cops to talk to them.)
Bernie Goetz didn't do that.  He was furious at the four attempted muggers, he made that anger plain in a long discussion down at the station, and he ended up getting charged with murder and attempted murder when it was absolutely clear-cut self defense.
When a cop gets involved in a shooting, they understand that immediately afterwards, he's too shaken to explain clearly what happened.  So most departments give him 24 hours to settle down before talking to him.  But if you're involved in lethal force, some will take advantage of your rattled state to pry garbled statements out of you.  You HAVE the right to remain silent.  Use it.
I'm assuming here that if you drew or used steel, you had a damned good reason.  That's a subject for a much more detailed (not to mention PROFESSIONAL) treatment - see Introduction for some reference works.

Oceanside City Code 20. 10
Sec. 20.10 – Weapons - Possession in Public - Prohibited
No person shall be or appear in any street, alley, sidewalk, parkway or any public place or place open to public view while carrying upon his person, or having in his immediate possession, any dangerous or deadly weapon. This section shall not be construed to duplicate prohibitions of California state statute, or to prohibit the possession of weapons expressly authorized by California state statute.

 Knife Laws in California:  Is It Legal Carry One?

Written by Sy Nazif, Esq Taken from the BAILING WIRE,

 was given to me by John, From ABATE,  of CA 



For my first Bailing Wiring Column, I was asked to write about knife laws in California.  After researching the law, I certainly understood why some confusion exists as to what is legal to carry and what isn’t: there are over a dozen statutes on the subject, as well as numerous municipal codes, and inconsistent court decisions that further muddy the water.  This article is intended to shed some light on the rules and inconsistencies in California knife laws.


Of course, I wouldn't be a very good attorney without giving a few caveats before I begin.  First, remember that carrying any weapon, even one that’s legal, can cause you a lot of grief with law enforcement.  Cops routinely write tickets and make arrests for things they incorrectly think is illegal.  Being found “not guilty” will not make up for the time and aggravation of getting arrested and missing work -- not to mention the cost of hiring an attorney.  Also, this article only covers California law.  State laws can vary greatly, and taking a knife that is legal in California over state lines may get you into trouble with federal laws or laws of other states.  Local ordinances may also impact the legality of your knife.

With those warnings out of the way, California laws covering switchblades, daggers, and disguised blades are discussed below.  For those of you with a short attention span, here is the summary: 

In California, the following are illegal:  (1) Any knife with a blade of 2" or longer, that can be opened with a button or the flick of your wrist; (2) concealed possession of any "dirk" or "dagger," i.e., any stabbing device with a fixed blade, regardless of blade length; (3) possession or sale of any disguised blades, i.e., cane swords, writing pen knives, lipstick knives, etc., or any knife that is undetectable to metal detectors; (4) possession of a knife with a blade longer than 2 1/2" on any school grounds; (5) possession of a fixed-blade knife with a blade longer than 2 1/2" on any college or university grounds; and (6) flashing or waiving any knife or weapon in a threatening manner.  Also, certain municipalities have their own laws that may affect the legality of carrying a knife.  In Los Angeles, for example, it's illegal to openly carry any knife with a blade longer than 3". 

Each of the above issues is discusses in greater detail below.

Switchblades  - Penal Code § 653k


Switchblades and other spring-loaded knives are generally illegal in California. Included in the legal definition of switchblade is "[any] knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever."  The statute expressly excludes pocket knives that can be opened with one hand by pushing the blade open with one's thumb, as long as

the knife "has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position."

The statute further states that it is unlawful to : (1) to possess a switchblade in a vehicle, (2) to carry a switchblade anywhere upon one's person, or (3) to transfer or attempt to sell a switchblade to another person. In the 2009 case of People v. S.C., the Court of Appeals held that possession of a switchblade in a person's pocket, boot, etc., is unlawful, even if even if in one's own home.  In other words, it’s illegal to have a switchblade with a 2" or longer blade – period.

It should also be noted that a pocketknife that was legal when manufactured, but is broken or modified so that it will open freely, is a switchblade within the meaning of the statute. For example, in the 2008 case of People v. Angel R., the Court of Appeals examined a conviction over a pocketknife that, as originally manufactured, had a hole in the back of the blade that prevented it from flicking open. The trial court found, however, that the knife had been modified or damaged, and the resistance mechanism did not function so that the knife would open with a flick of the wrist.  Despite the original design of the knife, the Court of Appeals upheld the conviction.

Concealed Knives, Dirks, and Daggers - Penal Code § 12020

In California, it is illegal for any person to carry concealed, certain knives, legally described as "dirks" and "daggers," i.e., any fixed-blade knife or stabbing weapon.  Pursuant to the statute, it is illegal to carry concealed upon one's person any fixed-blade knife.  This does not include a legal (non-switchblade) pocketknife, as long as that knife is closed.  Carrying a knife in an openly-worn sheath is not concealment within the meaning of the statute.  As discussed below, however, this law may be impacted by local ordinances.

Cane Swords and other Disguised Blades - Penal Code § 20200 et seq


Any knife or blade that is disguised so as to not look like a weapon is also illegal in California.  This includes, cane swords, belt-buckle knives, lipstick case knives, air gauge knives, writing pen knives, etc.  Blades that are undetectable to metal detectors (e.g., ceramic blades) are also illegal.

Possession of Knives on School Grounds - Penal Code § 626.10


It is illegal for any person to bring or possess "any dirk, dagger, ice pick, knife having a blade longer than 2 1/2 inches, folding knife with a blade that locks into place, [or] razor with an unguarded blade . . . upon the grounds of, or within, any public or private school providing instruction in kindergarten or any of grades 1 to 12 . . ."  The law with regard to college campuses is similar, but less restrictive.  Subsection (b) of the statute provides that it is illegal for any person to bring or possess "any dirk, dagger, ice pick, or knife having a fixed blade longer than 2 1/2 inches upon the grounds of, or within, any [college or university]."

Brandishing Knives - Penal Code § 417


In California, it is illegal to brandish any deadly weapon, including knives.  The law states that it is unlawful for any person to "draw or exhibit any deadly weapon . . . in a rude, angry, or threatening manner, or . . . to unlawfully use a deadly weapon."  This does not include use of such a weapon in self defense.

Local Ordinances - Here's Where the Law Gets Messy


If the laws above seem confusing, as the saying goes, "you ain't seen nothin' yet."  Local ordinances vary from city to city, and county to county.  Worse, California courts have been inconsistent in ruling on the enforceability of these local laws.

For example, in the City of Los Angeles, it is illegal to publicly carry, in plain view, any knife, dirk or dagger having a blade 3" or more in length, any ice pick or similar sharp tool, any straight-edge razor or any razor blade fitted to a handle.  (There are certain exceptions, such as where the knife is for use in a "lawful occupation, for lawful recreational purposes, or as a recognized religious practice.") The County of Los Angeles has a similar rule, which makes it illegal to openly carry, in public, "any knife having a blade of three inches or more in length; any spring-blade, switch-blade or snap-blade knife; any knife any blade of which is automatically released by a spring mechanism or other mechanical device; any ice pick or similar sharp stabbing tool; any straight-edge razor or any razor blade fitted to a handle."  In other words, it is illegal in Los AngelesCounty to openly carry any knife with a blade of 3" or longer. 

It gets worse.  Los Angeles Code section 55.01 also makes it illegal to carry any weapon concealed on one's person.  As such, in Los Angeles, you can't openly carry a blade over 3", but you can't carry such a weapon concealed, either.

Interestingly, the Courts have held that the Los Angeles law forbidding carrying a concealed weapon is invalid.  In the 1968 case of People v. Bass, a man was arrested and charged with carrying a concealed folding knife.  The Court of Appeals overturned the conviction, holding that the Los Angeles law conflicted with the state law, and was therefore invalid.  Nonetheless, the Los Angeles law is still on the books.

What is even more interesting is that other, more recent cases completely contradict the decision in People v. Bass.  In the 1985 case of People v. Gerardoi, the defendant was charged with violating a local law of the City of Commerce that is nearly identical to the Los Angeles local law prohibiting carrying blades over 3".  On appeal, the defendant cited the Bass case, arguing that the city code was invalid.  The Gerardoi court rejected the holding of Bass, and found that the city code was valid.

Where does all this information leave us?  The short answer is, in a mess.  There are certainly things that are illegal: any switchblade with a blade 2" or longer, or concealed possession of any knife with a fixed blade.  Other knives may or may not be legal,

depending on how and where you carry them, and where you are in California.  The best this to do is to check local ordinances before deciding to carry a knife or any other weapon in California.  Better yet, think twice before carrying a knife.  As you know, some cops look for any excuse to hassle bikers.

Ride safe, and stay legal.  If either of these fail, call me!

ABOUT SY NAZIF, ESQ.
Sy Nazif is a life-long motorcyclist and an attorney who specializes in biker’s rights and representing motorcycle accident victims in California.  He is a graduate of the esteemed University of California Hastings College of Law in San Francisco, and has worked with AIM, NCOM, and the COC.  He later founded RiderzLaw.com and began his own firm, which is quickly becoming one of the leading motorcycle rights and injury firms in the state.

1-888-5-RIDERZ
This article is written for informational purposes only and is not to be construed as legal advice.

Sec. 20.10 – Weapons - Possession in Public - Prohibited

No person shall be or appear in any street, alley, sidewalk, parkway or any public place or place open to public view while carrying upon his person, or having in his immediate possession, any dangerous or deadly weapon. This section shall not be construed to duplicate prohibitions of California state statute, or to prohibit the possession of weapons expressly authorized by California state statute.

Oceanside California Knife Laws. As always I am not a lawyer and these videos are strictly for informational Purposes only if you need legal Advice Seek out A Criminal Lawyer. As always read and keep a copy of all pertaining knife laws for yourself, practice stating them so you sound confident and intelligent, you're your best advocate. Stopping the process at the initial contact is better than wining a court case after lots of legal action.

No Length Law for Folding Knives in California
 http://youtu.be/pKlXR1x9xFU

True in general, but some areas like gov buildings, airports have them but if you're smart you won't be carrying any knives into those places toavoid the hassel. For the rest of the state just remember to check out your local ordinaces and Municipal Codes they might have length laws you might need to comply with. This is just merely information to keep yourself a Legal Knife carrying Citizen of California. This video has the Laws you should know and some definitions for terms for with in the laws. Remember these videos are for strictly informational purposes only if you need legal advice seek a Criminal Lawyer.

Over View of California Knife Laws
http://youtu.be/IA54WFX5eww

An Overview of Knife Laws in California, see other videos in series for more detailed information on each law. Do watch parts 1 - 7 because they pertain to all of California, your City / County laws "add" to not "take away" from the overall California laws. Reviewing PC 12020 & PC 653k are "a must" in my opinion because they define what's legal EDC (Every Day Carry). Link, pass on or just show friends these videos, the more people know the less "bad law enforcement" can mess with legal knife carrying citizens. Remember when you travel to other parts of the state those laws pertain to you, so you must know the laws of the area you are "staying in" if you are just passing through an area it's something you can fight in court, the "pass through law" you can't expect to know and follow every municipal code in areas you are passing through. but you should and must abide by the laws in the areas you are staying in. As always I am not a lawyer and these videos are strictly for informational Purposes only if you need legal Advice Seek out A Criminal Lawyer. As always read and keep a copy of all pertaining knife laws for yourself, practice stating them so you sound confident and intelligent, you're your best advocate. Stopping the process at the initial contact is better than wining a court case after lots of legal action.

THANK YOU AGAIN , TO CHECK OUT MORE GO TO JM`S
article written by Jim March on 5/16/2002 titled,
"California Knife Laws: A Comprehensive Guide," url:
http://www.ninehundred.com/~equalccw/knifelaw.html

Ten Most Notorious Outlaw Biker Gangs...............

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OFF THE WIRE
BY: William J. Felchner
VIDEO,
http://youtu.be/CWNmCnyjUEA
Source: factoidz.com
USA - The outlaw biker gang can trace its origins to the period after World War II where returning veterans and other roadies began to organize themselves in clubs, pining for the freedom, action and nonconformity that the motorcycle offered. One of the seminal events in outlaw biker history was "The Hollister Riot," which took place over the July Fourth 1947 holiday weekend in Hollister, California, where some 4,000 motorcycle enthusiasts invaded the small town. The ensuing ruckus was later sensationalized in the July 21, 1947, issue of Life magazine, marking a famous milestone in biker history.
The Hollister Gypsy Tour, as the event was billed, included the Boozefighters, a South Central Los Angeles motorcycle club founded in 1946 by World War II vet William "Wino Willie" Forkner (1921-1997). Forkner reveled in his reputation as a biker hellraiser, and reportedly served as the inspiration for Lee Marvin's Chino character in Columbia Pictures' The Wild One (1953), which also starred Marlon Brando as bad boy Johnny Strabler, leader of the fictional Black Rebels.

Here are ten notorious outlaw biker gangs that rule the road in biker history. These are the so-called "1%ers," the bikers who operate out of the mainstream as compared to the other 99% of motorcyclists who abide by the law and norms of society. Kick start your engines and show your colors…

Hells Angels (1948-present)

Unarguably the best-known outlaw biker gang in history, Hells Angels owes its name to World War II and possibly the 1930 Howard Hughes movie of the same name. During Big Two, there did exist the United States Army Air Forces 303rd Heavy Bombardment Group (H) of the U.S. 8th Air Force which billed itself as Hell's Angels, flying B-17 combat missions out of Molesworth, England, from 1942-45.

Hells Angels was formed in the Fontana/San Bernardino, California, area on March 17, 1948 as an offshoot of the Pissed Off Bastards of Bloomington, a California motorcycle club founded in 1945 by American veterans of the air war. Other independent chapters of Hells Angels later sprouted up in Oakland, Gardena and San Francisco.

Hells Angels eventually spread its wings, with the club now sporting charters in 29 countries, including Canada, Brazil, Australia, New Zealand, the United Kingdom, Portugal, Russia, Greece, Denmark, France, Turkey and the Dominican Republic.The Hells Angels insignia is the infamous "death's head," designed by Frank Sadilek, a former president of the San Francisco chapter.

Both American and Canadian law enforcement have labeled the Hells Angels Motorcycle Club (HAMC) a crime syndicate, asserting that its members routinely engage in drug trafficking, extortion and violence. Hells Angels garnered notoriety at the Altamont Free Concert on December 6, 1969, when they were hired by the Rolling Stones to act as stage security. Mayhem ensued at the drug/alcohol fueled event that boasted of a crowd of 300,000, with four people losing their lives.

Mongols (1969-present)

The Mongols was founded on December 5, 1969 in Montebello, California, by Hispanic veterans of the Vietnam War. Reportedly denied membership in Hells Angels because of their race, the Mongols eventually branched out, currently boasting of chapters in 14 states and four foreign countries.

Law enforcement has classified the Mongols as a criminal enterprise, engaging in loan sharking, drug trafficking, racketeering, theft and murder for hire. ATF agent William Queen, using the alias Billy St. John, successfully infiltrated the Mongols in 1998, resulting in 53 Mongol convictions.

The Mongols and their hated rivals Hells Angels engaged in an infamous brawl and gunfight at Harrah's Casino in Laughlin, Nevada, in 2002. When the smoke had cleared, one Mongol and two Hells Angels lay dead on the casino floor.

Pagans (1959-present)

Lou Dobkins, a biochemist at the National Institute of Health, founded the Pagans in Prince George's County, Maryland, in 1959. By the late 1960s, the Pagans were the dominant biker club on the East Coast, riding British Triumph motorcycles (later traded in for Harley Davidsons) and sporting their distinctive patch depicting the Norse fire god Sutr wielding a flaming sword.

The Pagans currently operate in eleven states, with Delaware County, Pennsylvania, serving as their Mother chapter. American law enforcement has classified the Pagans as a criminal enterprise, engaging in a host of illegal activities, including gun running, drug trafficking, arson, methamphetamine production and distribution, prostitution, racketeering and murder for hire.

In 2002, the Pagans and Hells Angels clashed at the Hellraiser Ball in Long Island, New York, where ten people were wounded and one Pagan was allegedly shot and killed by a Hells Angels member. Three years later, the Vice President of the Hells Angels Philadelphia chapter was killed by gunfire while driving his truck on the Schuylkill Expressway, with the Pagans allegedly carrying out the hit.

Outlaws (1935-present)

The Outlaws can trace their history back to 1935 when the McCook Outlaws Motorcycle Club was formed out of Matilda's Bar on old Route 66 in McCook, Illinois. In the ensuing years, the club morphed into the McCook Outlaws, the Chicago Outlaws and the American Outlaws Association (A.O.A.). Their first out of state chapter came in Florida in 1967. In 1977, the Canadian biker gang Satan's Choice joined the Outlaws franchise, making it the first chapter outside of the United States. Today, the Outlaws are active in some 14 states, with international chapters in the United Kingdom, Australia, France, Germany, Sweden, Thailand, Norway, Poland, the Philippines, et al.

The Outlaws sport a distinctive patch comprised of a skull and crossed pistons. Their official motto, adopted in 1969, is "God forgives, Outlaws don't."

Law enforcement has categorized the Outlaws as an organized crime syndicate, engaging in drug trafficking, murder, extortion and prostitution. The Outlaws have had their run-ins with police and other biker gangs. In 2007, Outlaws member Frank Rego Vital was shot and killed outside the Crazy Horse Saloon in Forest Park, Georgia, by two Renegades motorcycle club members who had reportedly acted in self-defense.

Bandidos (1966-present)

The Bandidos was founded by Marine Corps and Vietnam War veteran Don Chambers in San Leon, Texas, in 1966. The club's official motto is "We are the people our parents warned us about," with a big Mexican in sombrero brandishing a machete and pistol adorning the club's distinctive patch. The Bandidos currently boast of 104 chapters in the United States, along with international chapters in Germany, Australia, Denmark, France, Italy, Spain, Sweden, Norway, Malaysia, Indonesia, Thailand, Singapore, Costa Rica, Belgium and the Channel Islands.

Law enforcement has classified the Bandidos as an organized crime syndicate, engaging in murder, drug trafficking, money laundering, extortion, gun running and witness tampering. From 1994 to 1997 the so-called "Great Nordic Biker War" was waged in Scandinavia pitting Bandidos versus Hells Angels in a bloody turf war that resulted in eleven murders. Vagos (1965-present)

Originally called the Psychos, Vagos was formed in Temescal Valley, California, in 1965. The club's distinctive green/red patch pictures the Norse god Loki straddling a motorcycle. Vagos currently operates mainly in the southwestern United States and northern Mexico.

Both the FBI and the ATF consider Vagos an outlaw biker gang, engaging in drug trafficking, gun running, auto theft, money laundering and murder. In 2002, however, Vagos members turned in the estranged wife of a Pomona, California, police detective who had attempted to hire a Vagos hit man to murder her husband.

Law enforcement has successfully conducted several undercover investigations of Vagos and their illegal activities. In 2004, authorities arrested 26 Vagos members/associates and seized $125,000 in cash, drugs and weapons.

Pennsylvania Warlocks (1967-present)/Florida Warlocks (1967-present)

The Pennsylvania Warlocks was founded in Philadelphia in February 1967. The club's distinctive patch features the Harpy, the legendary winged beast from Greek mythology. The Pennsylvania Warlocks boast of chapters in New Jersey, Ohio, Illinois, Florida, Minnesota and Massachusetts. The Pennsylvania Warlocks have been linked to organized crime and methamphetamine production and distribution.

The Florida Warlocks was founded by U.S. Navy veteran Tom "Grub" Freeland in Orlando, Florida, in 1967. The club's logo is a blazing eagle while their official motto is "To find us you must be good. To catch us…you must be fast. To beat us…you must be kidding!" The Florida Warlocks have chapters in South Carolina, Virginia, West Virginia, New York, the United Kingdom and Germany. The Florida Warlocks were successfully infiltrated by the ATF in 1991 and again in 2003, with convictions for drug and weapon charges resulting from the latter.

Sons of Silence (1966-present)

The Sons of Silence was founded in Niwot, Colorado, in 1966. The club sports a distinctive patch featuring the American Eagle superimposed over a large "A" – highly reminiscent of the Anheuser-Busch logo. The gang's official motto is "Donec mors non separat" – Latin for "Until death separates us."

The Sons of Silence boast of chapters in Illinois, Wyoming, Arkansas, Florida, Indiana, Kansas, Minnesota, Kentucky, North Dakota, Mississippi and Germany. The Sons of Silence have been implicated in drug trafficking and weapons violations.

Highwaymen (1954-present)

The Highwaymen was established in Detroit, Michigan, in 1954. The club's distinctive patch features a winged skeleton sporting a leather jacket, motorcycle cap and the black and silver colors. "Highwaymen forever, forever Highwaymen" serves as the gang's official motto.

The Highwaymen currently have chapters in Michigan, Tennessee, Florida, Kentucky, Ohio, Indiana and Norway. The Highwaymen Motorcycle Club has been the subject of intense law enforcement scrutiny through the years. In 2007, the FBI arrested 40 Detroit Highwaymen members/associates on a variety of charges, including drug trafficking, theft, racketeering, insurance fraud, police corruption and murder for hire.

Gypsy Joker (1956-present)

The Gypsy Joker was founded in San Francisco, California, on April 1, 1956. The club's official patch features a grinning skull. Forced out of San Francisco by Hells Angels, the Gypsy Joker headed north to Oregon and Washington state in the late 1960s.

The Gypsy Joker has some 35 chapters worldwide, including active clubs in Australia, Germany, South Africa and Norway. The club is especially high profile in Australia, where in 2009 five Gypsy Jokers engaged in a drug-related shootout with a rival "bikie" gang (as they are called Down Under) in Perth.

Ten More Notorious Outlaw Biker Gangs

Here are ten more infamous biker gangs, along with where established and years active.

•Free Souls (Eugene, Oregon, 1968-present) •The Breed (Asbury Park, New Jersey, 1965-present) •Rebels (Brisbane, Australia, 1969-present) •Grim Reapers (Calgary, Canada, 1967-1997) •Iron Horsemen (Cincinnati, Ohio, mid-1960s-present) •The Finks (Adelaide, Australia, 1969-present) •Brother Speed (Boise, Idaho, 1969-present) •Devils Diciples (Fontana, California, 1967-present) •Solo Angeles (Tijuana, Mexico, 1959-present) •Diablos (San Bernardino, California, 1964-present) About William J. Felchner William J. Felchner's many feature articles have appeared in such periodicals as True West, Hot Rod, Movie Collector's World, Sports Collectors Digest, Persimmon Hill, Big Reel, Corvette Quarterly, Old West, Antiques & Auction News, Storyboard, Goldmine, Autograph Collector, Warman's Today's Collector, The Paper & Advertising Collectors'
Frontier Times, Television History, Illinois and Military Trader.

Babes of the Day - This is 18 and older. Rest assured I will offend you and rest assured I don't give a fuck! If you don't like crude hum or and think you will report me don't like my page. For those with the ability to laugh and take a joke welcome.

Bikers and Politics

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OFF THE WIRE
BY: Luke Short
Source: isurfhopkins.com

HOPKINS COUNTY, KY—In recent political ads funded by incumbent Hopkins County Attorney candidate, Todd P’Pool, opposing candidate and Nortonville City Attorney, John C. Whitfield, is portrayed as the member of a potentially “dangerous” biker club called the Iron Order.

To find out more on these issues, iSurf News contacted both P’Pool and Whitfield to get their sides of the story.

“John Whitfield is the organizer of the Iron Order Motorcycle Club, LLC nationwide. It’s not just one small, local clubhouse,” said P’Pool. “You can look at the Kentucky Secretary of State website and you can look at organization number 0750057, and that will show you that he is the organizer of the Iron Order Motorcycle, LLC for the entire nation.”

After reviewing the specific portion of the KY State Secretary’s website P’Pool is referring to, which can be found at

https://app.sos.ky.gov/ftshow/%28S%28233zdf551tohxi55b4xcaq2z%29%29/default.aspx?path=ftsearch&id=0750057&ct=06&cs=99999

, iSurf News found that John C. Whitfield is listed alongside 4 other Organizers in the “Initial Officers at time of formation” category.

P’Pool went on to reference the Iron Order’s website as well, listing off several of the officers’ names—which include monikers like, “CGAR,” “QBALL,” “RAINMAN,” and more— and said that, “The ‘SHARK’ is our very own John Whitfield of Hopkins County.”

“So far, there’s no problem,” said P’Pool. “You’ve just got a guy who wants to have a nickname and ride around on a motorcycle. The problem comes in when you Google ‘Iron Order Jessup, Georgia,’ and you find out that their members have been arrested for unlawful acts of criminal street gangs; they were in a bar fight, shots were fired, members of the Iron Order have been arrested for criminal street gang activity. The problem arises when you Google ‘Iron Order Virginia Pagans,’ and you see where a member of the Pagan motorcycle gang was fatally shot by the Virginia State Police tactical team when the ATF were trying to execute a federal search warrant—he was a known meth dealer. The Iron Order attended the funeral and actually rode with the Pagans in honor of the fallen meth dealer who was shot and killed by ATF agents when they tried to execute a federal search warrant.”

“There’s a further problem when members of law enforcement in Hopkins County receive Officer Safety alerts, because the Outlaws have declared war against the Iron Order,” said P’Pool. “The Outlaws are on the FBI watch-list, the Pagans are on the FBI watch-list, and I have in my hands an Officer Safety alert that tells our local officers to be on the lookout because the Outlaws declared war on the Iron Order—and the ATF feels that this is a credible threat. This was issued back in December of ’09. The month before my opponent filed for County Attorney, the Outlaws declared war on the Iron Order. We received that intelligence from the Oklahoma Highway Patrol’s criminal intelligence analyst. I contacted the Oklahoma Highway Patrol and they did verify that they issued this Officer Safety alert. Why would our local officers receive an Officer’s Safety Alert here in Hopkins County? It’s because John Whitfield brought the Iron Order to downtown Madisonville, and that puts officers at risk, because of this kind of activity.”

iSurf News acquired a copy of the above mentioned Officer Safety alert, which states that it was issued by an Oklahoma Highway Patrol Criminal Intelligence Analyst, B. Diane Hogue, on December 18th, 2009. What follows is a direct transcription of the main body of information found in this particular alert.

“Subject: Officer Safety—Outlaw Motorcycle Gangs
Please disseminate to OHP law enforcement personnel..Officer Safety Issue.

The Outlaws have declared war against the Iron Order MC. The Outlaws and Bandidos have been helping each other the last year, and in this recent incident the Bandidos were with the Outlaws when this proclamation was made. The importance to this in Oklahoma is the Iron Order has several police officers that are members and this may spread to other motorcycle clubs that are law enforcement strong. Oklahoma has a large Bandido population in the southern part of the state and the Outlaws have been in OKC, Ardmore, as well as SE Oklahoma and Tulsa. In the last 24 hours there have been incidents involving those clubs. Further, the Hells Angels (whom we have only a few known members in Oklahoma) have shot and killed 3 officers in recent weeks throughout the US.”

In addition, the alert mentions that the ATF “feels that this is a credible threat.”

Though iSurf News has attempted to contact the OHP Headquarters to verify the accuracy of the alert and to find out any additional information with regards to Hopkins County, as of this report, the OHP has not responded to our inquiries.

P’Pool also mentioned that, “Last month, we had a stand-off here in Hopkins County with a boy who is not an official member of the Outlaws, but his father was an official member of the Outlaws, and he [the boy] was absolutely part of what’s called a ‘feeder gang’—the Double Pistons, I think—out of Clarksville, TN.”

“So all of this is connected,” said P’Pool. “It’s dangerous. I support responsible motorcycle ownership, I have no problem with people who ride motorcycles, but I do have a problem with gang colors, nicknames, and criminal activity. And I have a serious problem when an individual wants to be a prosecutor, to have access to sensitive government information, and he runs in these circles. That’s dangerous.”

“The local Iron Order chapter does have a meth dealer who was convicted and he is a member of the local club,” said P’Pool. “If you look in the HopNMad Chapter, you’ll see Mike ‘Lollipop’ Melton, who does have meth charges, was arrested for trafficking methamphetamine, and pled guilty to the lesser charge of possession of methamphetamine. He’s displayed throughout the website here at the HopNMad Chapter. And if you look at their photographs, you can see liquor bottles in there, too. That’s where they party. It’s where they party, and, quite frankly, if you’re consuming alcoholic beverages on a place of business, then you’re presumed to be selling alcohol, and you’re supposed to have a liquor-license. That’s in the ABC Law. So if they are serving alcohol in there, which I believe they are, they are in violation of the law.”

After speaking with P’Pool, iSurf News contacted Hopkins County Attorney candidate, John C. Whitfield, to obtain his response to the allegations mentioned above.

In regards to the Officer Safety alert and the Outlaw’s “declaration of war against the Iron Order,” Whitfield stated that, “It’s an absolute fabrication. What you’re talking about was a bogus alert from one of the outlaw clubs—I think it was The Outlaws themselves—that made its way to the ATF. It has no credibility at all; it’s bogus. In fact, one of the guys in our club is an ATF agent, and so we called him at Oklahoma and told him to check on this— and this has been a year ago—and he found it out to be non-credible. That’s the truth.”

In explaining what the Iron Order motorcycle club is all about, Whitfield stated that, “The Iron Order is the largest, law-abiding club in the country. It was started by a former secret-service agent in 2004. It’s based out of Louisville, but it’s all over the country now. More than half of our guys are military or law enforcement. We have doctors, a lawyer—I’m the only lawyer—we’ve got professionals, CPAs, and we have working ‘Joes’ too, that just have nothing else better to do than to ride bikes. But the goal of the club was, and is, to try to change the image of some of these outlaw motorcycle clubs. The Outlaws, Pagans, Hell’s Angels—they call them ‘one-percent’ clubs—and those are ‘bad guys.’ There are a lot of people that we have found that like to ride Harley’s, that enjoy riding Harley’s, and didn’t really have anywhere to go because it was the ‘one-percent’ clubs or nothing really. You had Christian motorcycle groups, which were great, but there was a pretty good niche for people wanting to do this kind of thing, so that’s how the club started; that’s how it evolved. I got involved with it a couple of years ago and I developed what’s called, ‘The Division of Legal Affairs,’ that deals with making sure that the club remains lawful and that all the legal aspects of it are taken care of.”

“We have what’s called the Hopkins County-Madisonville ‘HopNMad’ chapter of the Iron Order. It’s right down here on Franklin St. next to the courthouse,” said Whitfield. “It’s probably the most ‘white bread’ biker place you’ve ever seen. We’ve got a pool table in there, it’s clean, we’ve got a kitchen upstairs, and on Friday nights it is open and we have families come in and little kids. We had a Nintendo Wii Bowling Tournament during April last year for Big Brothers-Big Sisters. So we had all our guys down there playing Wii Bowling—I mean, that’s the kind of club this is. A couple of weekends ago, we went to the Taylor Patterson Poker Run, and we were the only bikers that showed up. We donated money for that. One of the guys from the HopNMad chapter is serving in Afghanistan right now, too. Most of our Board is made up of military guys as well. So this is the kind of club he [P’Pool] is kickin’ on.”

“I’m on the International Board of the Iron Order because I’m a lawyer and I can handle things that need to be handled,” said Whitfield of his involvement with the club. “We don’t permit felons in the club and we’re the largest law-abiding motorcycle club that wears a 3-piece patch in the country. I’m on the Board of Directors for the Iron Order—we have a president, we have regional directors, and if you get on the website you’ll see all of this—and all the guys on the website are military and one of them is a doctor. What I did here is, we had to organize the local HopNMad chapter, and so we needed to prepare corporation papers—they call them LLC papers because this is a Limited-Liability Corporation—so I drew them up for the HopNMad chapter incorporated here in Madisonville so that we had legal protection. It’s like any company, and we’re non-profit. That’s it.”

In response to P’Pool’s statement that the Iron Order’s presence in Madisonville could pose a threat to our local law enforcement, Whitfield stated that, “Let me tell you something. I’m a grandfather, OK. I take my 4 year-old grandchild down to the clubhouse all the time. I mean, it’s like ‘Happy Days.’ It’s not anything like what you would consider a ‘biker bar.’ There are kids in there all the time. To say it’s a threat is absolutely incredible. You ask any of the police—we have an unbelievable relationship to the police. We’re right next door to the fire department, we’re right next door to the police department, and we get along with them fine. We’ve no issues at all. In fact, as I told you, most of our guys are law enforcement or military throughout the country.”

Replying to the criminal incidents and questionable behavior mentioned by P’Pool, both of which he stated involved members of the Iron Order (occurring in both Virginia and Georgia), Whitfield stated that, “There was a guy that was in the Pagans. He was shot and killed, and that was in Virginia. I think it was his uncle that was friends with one guy in our club, who happened to be the doctor I was telling you about, who is also an ornate minister out of Louisville. The uncle and my guy—the doctor—were best friends. So the Iron Order guy drove to Virginia to attend the funeral of this fellow. That’s it. He went to a funeral of his best friend’s nephew.”

“Let me tell you about what happened in Jessup, Georgia,” said Whitfield. “I went down there when this happened to make sure I knew what was going on. 5 or 6 of our guys were in a bar, and there was another club that they call a ‘one-percent’ club—these national ‘one-percent’ clubs, like the Pagans, Outlaws, and the Bandidos, all have these ‘support’ clubs that are associated with them—and one of these associated clubs jumped our guys in a bar and beat 2 of our guys down. They hurt our guys pretty bad. That’s what he’s [P’Pool’s] talking about there. They just arrested everybody. They’re getting ready to dismiss the charges against my guys, because they didn’t do anything wrong. I went down there and saw it and talked to the prosecutors and the lead investigator.”

In regards to what could have prompted the altercation, Whitfield stated that, “The Iron Order is not liked by the ‘one-percent’ world. The Iron Order is not liked by these outlaw motorcycle clubs because we’re law-abiding and we let everybody know we’re law abiding. We don’t break the law, we’re getting bigger, and it’s a threat to some of these outlaw clubs. We’re the anti-outlaw motorcycle club. We provide an outlet for guys that want to ride, have fun, and wear a 3-piece patch. When you wear a 3-piece patch, it’s kind of a big deal in the motorcycle world, and these other outlaw clubs say that you have to have permission from them to wear a 3-piece patch, but we don’t; we don’t ask permission from anybody, we just do it. And because we’re law-abiding, and we’re full of cops, a lot of the outlaw clubs don’t like us—they just hate ‘cop clubs’ and that’s what we are. So, as a result, every now and then, you’re going to have little issues, and that was one of them in Jessup. This had nothing to do with us here in Madisonville.”

Whitfield also rebuked allegations that a felon, Mike “Lollipop” Melton, was a member of the Iron Order—who P’Pool also stated had been convicted of methamphetamine possession.

“He’s not in the Iron Order,” said Whitfield. “We call him ‘Lollipop’—his name is Mike Melton, he’s a great guy, and he works at J-Lock. He had an issue with the law in the past and he pled guilty to a felony, but he’s not a member of the Iron Order. We know him. I know who he is—he’s a friend of mine—but he’s not in the Iron Order, because he can’t get in. We don’t like drug dealers, and we don’t let felons in. We don’t let them in—period.”

On the topic of alcohol consumption within the HopNMad Chapter’s headquarters in Madisonville, which P’Pool said he believed was occurring without the acquirement of a liquor-license, Whitfield said that, “I don’t have any kind of clue what he’s talking about. Do we serve alcohol without a liquor-license? No, sir.”

In regards to the nickname, “Shark,” Whitfield stated that, “I’m kind of proud of that actually. I tell you what, it’s strange, because every now and then, these guys will call the office and say, ‘Is Shark there?’, and it took the girls a while to figure out who ‘Shark’ was. Now they give me grief about it. It’s on my bike, too.”

“To say that we are a threat to the community is an absolute joke,” said Whitfield. “Have you ever heard of a guy named Bob Saget? Bob Saget was the dad on ‘Full House’ and he was the host on ‘America’s Funniest Home Videos.’ Well, he’s got a new reality show coming out called, ‘Strange Days,’ that will be on A&E, and the whole premise is to put Bob in a funny situation to see how he reacts. Well, they ended up needing a motorcycle club, so they contacted us. So we filmed in February, leaving from Louisville and going all the way to Bike Week in Daytona—a whole week with Bob Saget—and that episode is going to be aired December 1st on A&E. It’s going to have me in it, the president of our local chapter, Ronnie Hayes, and I’ve seen the take and it’s really funny. It’s just about how goofy we are. I mean, we’re going to be on a national TV show on December 1st with Bog Saget—the dad on ‘Full House’ and probably one of the biggest nerds that ever lived. So if that’s going to happen, you tell me how in the world we’re going to be a threat to anybody. They chose us. These producers weren’t going to go to a ‘one-percent’ club, but they went to us because we’re a law-abiding military-cop club. In fact, we made Bob an honorary member. So Bob is an honorary member of the Iron Order.”

“We’re not anything close to what P’Pool tries to make us out to be,” said Whitfield. “It’s a desperate move.”

When, and if, more information arises in regards to this matter, iSurf News will bring it to you as soon as possible.

Luke Short
iSurf News

USA - Quick summary of knife laws

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OFF THE WIRE

by Carl Donath
After following rec.knives for a while, it became obvious that a quick summary of knife laws would be handy. Here's what little I've been able to glean from my reading.
My goal is to find the clear portion of what is flat-out legal and easily summarized. I realize most states confuse the issue unmercifully; I'll let others figure out how to push the limits.
WARNING: This document is created from hearsay and whatever laws I could find. For legal advice, ask a lawyer. I could be lying. I only provide this to try to slightly improve the general lack of information on this subject. YOU are responsible for your own actions. If you don't know exactly what the laws are for any state or locale you are in, GO FIND OUT. (http://www.ncsl.org/public/sitesleg.htmis a good start, containing pointers to all state legislative sites.) I haven't updated this for a while, so consider it a cursory guide.

Explaination

State (hyperlink goes to detailed explaination)
  • Summary:

  • Basically, I want to answer the question "I'm flying to state X tomorrow, so which knife can I take?"
  • Max length:

  • Size limit, measured the most unpleasant way possible. Some may permit longer in certain cases, but I won't suggest anything longer if it's in a gray area.
  • Specifically illegal:

  • Specific styles which are explicitly forbidden.
    Switchblade= Push a button/lever, it does the rest.
    Gravity knives = Opened by gravity or centrifigual force. Butterfly knives (balisongs) included.
  • Relevant laws:

  • A quick pointer to roughly where the relevant laws are (ex. Penal Code 642)
  • Quirks:

  • Dark humor points (ex: a 1" lockback in a pocket is illegal, but a 15" Bowie swinging free is ok)
  • Local restrictions:

  • City/county restrictions.
BTW So many places forbid sharp things in schools that this sentence is the only place I'll mention this: assume posession of knives in schools - even colleges - is illegal.
Use this as guidance: kids have been suspended for mere posession of nail clippers.


US Knife Law Summary

  • Ballistic knives (automatic blade throwers) are prohibited.
  • Switchbladesmay not be transported/mailed across state lines unlessthe recipient intends to use it for military use.
  • Possessing a knife in a federal facility is prohibited unless it is a pocket knife with blade under 2.5".

State Knife Law Summaries

Arizona
  • Summary: Generally clear. Illegal to carry "deadly weapon, (except a pocket knife) concealed."
  • Max length: None apparent.
  • Relevant laws: ARS book
California
  • Summary: Anything capable of ready use as a stabbing weapon is illegal. All concealed knives are a felony (except non locking folders).
  • Max length: chaotic
  • Specifically illegal: Switchblades, gravity knives, exotic conceal methods (pen, lipstick, whatever)
  • Relevant laws: PC 653K, PC 12020(24), California Laws, Commentary (apparently removed - someone know where?)
    • Note that interpretations by cops and judges are wildly varied. Police have actually told law-abiding citizens to break the concealment laws, and a judge has deemed a blunt-point knife (Spyderco Mariner) a stabbing weapon.
  • Quirks: Pens may be illegal (potential stabbing weapon).
  • Local restrictions:
    • Los Angeles
      • Three inch limit for open carry without a good explanation.
Conneticut
  • Summary: Sounds normal.
  • Max length: Cutting edge under 4 inches
  • Switchblades: Are legal to carry with a Dangerous Weapons Permit (DWP) only. Good luck trying to find a police station that has an application.
  • Gravity knives: Same
  • Relevant laws:
  • Local restrictions: Some police chiefs don't want to give out DWP's
Florida
  • Summary: A "common pocketknife" is OK. All "concealed weapons" (knives included) require a license.
  • Max length: None apparent.
  • Relevant laws: Chapter 790
Georgia
  • Local restrictions:
    • Atlanta: A blade over 3" that LOCKS is illegal.
Indiana
  • Summary: Generally OK.
  • Max length: None apparent.
  • Specifically illegal: automatics & throwing stars.
  • Relevant laws: Statutes mentioning "knife"
Mississippi
  • Summary: OK for "normal" knives. Don't try to conceal any bowie, dirk, switchblade or butcher knife.
  • Max length: None apparent.
  • Specifically illegal: none apparent.
  • Relevant laws: 97-37-*
  • Quirks: Threatening actions with a knife in the presence of less than three people may be acceptable.
Missouri
  • Summary: any folder 4" or less is OK.
  • Max length: 4"
  • Relevant laws: State Laws (search for "knife")
Maryland
  • Summary: "Penknives" are OK. Anything else is borderline illegal and may require a concealed weapon permit.
  • Max length: None apparent.
  • Relevant laws: MD Statues Crimes and Punishments § 36, § 36A-O
  • Quirks: You may carry a "weapon as a reasonable precaution against apprehended danger", but it's up to a tribunal to decide the reasonableness/appropriateness of posession.
  • Local restrictions:
    • Cecil, Anne Arundel, Talbot, Harford, Caroline, Prince George's, Montgomery, St. Mary's, Washington, Worcester, Kent, and Baltimore Counties have special prohibitions regarding children under 18 carrying knives. See § 36(a)(3).
Nebraska
  • Summary: Nothing over 3.5"
  • Max length: 3.5"
    • A longer blade maybe legal, but it's subject post-fact to a judge's decision.
  • Relevant laws: Statutes mentioning "knife"
    • Statutes may refer only to concealed knives.
  • Quirks:
    • A "knife" is defined as having a blade over 3.5". A pocketknife under 3.5" is not a knife.
  • Local restrictions:
    • Linconln
      • Switchblades are illegal.
New Jersey
  • Summary: General folders OK. Single-edged fixed blades may be.
  • Max length: Under 18 may not possess knife with 5" or longer blade, or 10" or longer overall. No other apparent limitation.
  • Specifically illegal: gravity knife, switchblade knife, dagger, dirk, stiletto, or ballistic knife "without any explainable lawful purpose" (i.e. an ill-defined exemption). Manufacturers and sellers are not exempt.
  • Relevant laws: 2C:39-3.e 2C:39-9.d 2C:39-9.1 (Statutes, search for "knife" or "knives")
New York
  • Summary: If it looks like a weapon, it's illegal.
  • Max length: 6" (?)
  • Specifically illegal: Switchblades and gravity knives unless hunting or fishing with permit
  • Relevant laws: Penal law
  • Local restrictions:
    • New York City
      • Must be under 4"
Nevada
  • Summary: Generally OK.
  • Max length: None apparent.
  • Specifically illegal: switchblades, belt-buckle knives
  • Relevant laws: NRS 202
Ohio
  • Specifically illegal: switchblade, springblade knife, gravity (butterfly) knife, or similar weapon;
  • Relevant laws: Search Statutes for "knife"
Rhode Island
  • Summary: 3" or less OK. Don't posess anything "designed to cut and stab another".
  • Max length: 3" measured from where the handle ends, not where the sharpened edge begins.
  • Specifically illegal:
    • Posession of a dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to cut and stab another.
    • Concealed carry upon one's person of the above-mentioned instruments or weapons, or any razor, or knife of any description having a blade of more than 3".
  • Relevant laws: Title 11 Criminal Offenses § 11-47-42
  • Quirks: Children under 18 may purchase the above weapons with written parental permission.
Tennessee
  • Summary: Folders under 4" are OK.
  • Max length: 4"
  • Specifically illegal: Switchblades, gravity knives (probably)
  • Quirks: Fixed blades are probablya no-no.
Texas
  • Summary: Folders under 5.5" OK.
  • Max length: 5.5"
  • Specifically illegal: Switchblade, throwing knives, daggers (in general), bowie knives, swords and spears.
  • Relevant laws: Penal Code 46
  • Quirks: The one state people associate with Bowie knives explicitly forbids them.
Virginia
  • Summary: Don't conceal a dirk or bowie knife. Don't take a dangerous weapon (esp. bowie knife or dagger) to church.
  • Max length: None apparent.
  • Specifically illegal: Switchblades.
  • Relevant laws: 18.2-308, search statutes for knife or knives.
  • Quirks: 3.1-370: your knife must be cleaned daily.
Washington
  • Summary: Anything over 3" is in a gray area.
  • Max length: 3"
  • Specifically illegal: switchblade, springblade knife, gravity (butterfly) knife, concealed dagger/dirk
  • Relevant laws: Statutes mentioning "knife"
Wisconson
  • Relevant laws: 134.71 (1)(a)9, 134.71 (1)(g)1, 134.71 (1)(h)1  (relating to pawn brokers), 941.24 (switchblades)

Canada
  • Summary: Careful; the country is getting antsy about weapons.
  • Specifically illegal: a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife.
  • Relevant laws: Annual Statutes Of Canada, 1995 Chapter 39 (Bill C-68)

Airlines
Summary: No knives or sharp instruments of anykind.

Know Your Rights When Dealing With Police Officers

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A Police Officers Worst Enemy Is A Well Informed Citizen Who Knows Their Rights!
 
 Police officers hate to hear these words:
"Am I free to go?"
"I don't consent a search."
"I'm going to remain silent."
When a Police Officer Stops You
  To stop you a police officer must have a specific reason to suspect your involvement in a specific crime and should be able to tell you that reason when you ask. This is known as reasonable suspicion. A police officer usually will pull you over for some type of "traffic violation," such as speeding or maybe not using your blinker. Throwing a cigarette butt or a gum wrapper out your car window is reason enough for the police to pull you over, ticket you for littering and start asking you all sorts of personal questions.
Your Rights During a Traffic Stop. Top Five (5) Things to Know About Protecting Yourself from the Police:
 #1 - Safety. The first thing is your safety! You want to put the police officer at ease. Pull over to a safe place, turn off your ignition, stay in the car and keep your hands on the steering wheel. At night turn on the interior lights. Keep your license, registration, and proof of insurance always close by.
 Build a trust with the police officer be a "good citizen" be courteous, stay calm, smile and don't complain. Show respect and say things like "sir and no sir." Never bad-mouth a police officer, stay in control of your words, body language and your emotions. "All this takes practice, try practicing with a friend." The idea is to get the police officer to understand that you're just an average ordinary citizen and let you get on your way down the road. Never touch a police officer and don't run away!
 #2 - Never Talk To A Police Officer. The only questions you need to answer is your name, address and date of birth and nothing else! Instead of telling the police officer who you are, simply give him your drivers license or I.D. card. All the information the police officer needs to know about you can be found on your drivers license. Don't volunteer any more information to the police officer, if he ask you any other questions politely say "Am I free to go?" and then don't say another word.

 #3 -
I'm Going to Remain Silent. The Supreme Court has made a new ruling that you should Never Talk to a Police Officer without an attorney, but there's a CATCH! New Ruling  Before you're allowed NOT to talk to a police officer, you must TELL the police officer "I'm Going to Remain Silent" and then keep your mouth shut!(How can you be falsely accused and charged if you don't say anything?) Anything you say or do can and will be used against you at any time by the police.
 #4 - Just Say NO to Police Searches! If a police officer didn't need your permission to search, he wouldn't be asking. Never give permission to a police officer to search you, your car or your home. If a police officer does search you, don't resist and keep saying "I don't consent to this search."

 #5 -
"Am I Free to Go?" As soon as the police officer ask you a question ask him "Am I free to go?" You have to ask if you're "free to go," otherwise the police officer will think you are voluntarily staying. If the police officer says that you're are being detained or arrested, say to the police officer"I'm Going to Remain Silent"

Anything You Say Can And Will Be Used Against You!
 Police officers need your permission to have a conversation, never give it to them!
 Never voluntarily talk to a police officer, there's no such thing as a "friendly chat" with a police officer. The Supreme Court has recently ruled that you should NOT talk to a police officer without a lawyer and you must say "I'm going to remain silent." It can be very dangerous to talk to a police officer or a Federal Agent. Innocent people have talked to a police officer and ended up in jail and prison, because they spoke to a police officer without an attorney.
 Police officers have the same right as you "Freedom of Speech," they can ask you anything they want, but you should never answer any of their questions. Don't let the police officer try and persuade you to talk! Say something like "I'm sorry, I don't have time to talk to you right now." If the cop insists on talking to you, ask him "Am I free to go?" The police officer may not like when you refuse to talk to him and challenge you with words like, "If you have nothing to hide, why won't you speak to me? Say again "I told you I don't have time to talk to you right now, Am I free to go?" If you forget or the police officer tricks you into talking, it's okay just start over again and tell the police officer "I'm going to remain silent."
 The Supreme Court has ruled that if a police officer doesn't force you to do something, then you're doing "voluntarily." That means if the police officer starts being intimidating and you do what he ask because you're "afraid," you still have done it voluntarily. (Florida v. Bostick, 1991) If you do what the police officer ask you to do such as allowing him to search your car or answer any of his questions, you are 'voluntarily' complying with his 'requests.'So don't comply, just keep your mouth shut unless you say "Am I Free to Go?" or "I don't consent to a search."
 You have every right NOT to talk to a police officer and you should NOT speak to a police officer unless you have first consulted with a lawyer who has advised you differently. Police officers depend on fear and intimidation to get what they want from you. Police officers might say they will "go easy" on you if you talk to them, but they're LIARS! The government has made a law that allows police officers to lie to the American public. Another reason not to trust the police! So be as nice as possible, but stand your ground on your rights! Where do some of your rights come from? Read the Fourth and Fifth Amendment of the U.S. Constitution. 


Traffic Stops and Your Rights
  First of all keep your license, registration and proof of insurance in an easily accessible place such as attached to your sun visor. The less time it takes for you to get to these items, the less time the officer has to look through your windows and snoop. When pulled over by a police officer stay in the car, turn on the cab lights and keep your hands on the steering wheel. Sit still, relax and wait for the officer to come to you. Any sudden movements, ducking down, looking nervous or appearing to be searching for something under your seat is dangerous! Just sit up naturally be still and try to put the officer at ease."
 Police officers like to ask the first question and that usually is, "do you know the reason I pulled you over?" The police officer is trying to get you to do two things, admit that you committed a traffic violation and to get you to "voluntarily" start a conversation with him.Remember the police officer is not your friend and should not be trusted! The only thing you should say is "I'm going to remain silent and am I free to go?"
 The police officer might start asking you personal questions such as "where are you going, where have you been and who did you see, ect." At that point it's the perfect time to exercise your rights by asking the police officer "AM I FREE TO GO?" There is NO legal requirement that American citizens provide information about their comings and goings to a police officer. It's none of their damn business! Keep asking the police officers "AM I FREE TO GO?" You have to speak up and verbally ask the police officer if your allowed to leave, otherwise the courts will presume that you wanted to stay and talk to the cops on your own free will.
 Passengers in your vehicle need to know their rights as well. They have the same right not to talk to a police officer and the right to refuse a search "unless it's a 'pat down' for weapons." The police will usually separate the passengers from each other and ask questions to see if their stories match. All passengers should always give the same answer and say, "I'm going to remain silent and am I free to go?" Remember you have to tell the police officer that you don't want to talk to him. It's the law 
 How long can a police officer keep you pulled over "detained" during a traffic stop? The Supreme Court has said no more than 15 minutes is a reasonable amount of time for a police officer to conduct his investigation and allow you to go FREE. Just keep asking the police officer "AM I FREE TO GO?"
 A good time to ask  "AM I FREE TO GO,"  is after the police officer 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 says the U.S. Supreme Court. There's no law that requires you to stay and talk to the police officer or answer any questions. After you have signed the ticket and got your license back you may roll up your window, start your car and leave. If you're outside the car ask the police officer, "AM I FREE TO GO?" If he says yes then get in your car and leave.


Car Searches And Body Searches
Remember the police officer wouldn't be asking you, if he didn't need your permission to search! "The right to be free from unreasonable searches is one of America's most precious First Liberties."
  Just because you're stopped for a traffic violation does NOT allow a police officer to search your car. However if you go riding around smoking a blunt and get pulled over, the police officer smells marijuana, sees a weapon or drugs in plain view he now has "probable cause" to search you car and that's your own stupid fault!
 Police officers swore an oath to uphold the U.S. Constitution and not to violate your rights against unreasonable search and seizure Fourth Amendment.  Denying a police officers request to search you or your car is not an admission of guilt, it's your American right! Some police officers might say, "if you have nothing to hide, you should allow me to search." Politely say to the police officer "I don't consent to a search and am I free to go?"
 The police officer is allowed to handcuff you and/or detain and even put you in his police car for his safety. Don't resist or you will be arrested! There's a big difference between being detained and being arrested. Say nothing in the police car! Police will record your conversation inside the police car, say nothing to your friend and don't talk to the police officers!
 If you are arrested and your car is towed, the police are allowed to take an "inventory" of the items in your car. If anything is found that's illegal, the police will get a warrant and then charge you with another crime.


Police Pat Downs...
  For the safety of police officers the law allows the police to pat down your outer clothing to see if you have any weapons. If the police officer feels something that he believes is a weapon, then he can go into your pockets and pull out the item he believes is a weapon.
 A police officer may ask you or even demand that you empty your pockets, but you have the right to say "NO, AM I FREE TO GO?" There's NO law that requires you to empty your pockets when a police officer "ask you." The only time a police officer should be taking your personal property out of your pockets is after you have been arrested.
  
If a Police Officer Knocks at Your Door at 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. "If the police have a warrant they won't be knocking, they'll be kicking in your door!" There is NO law that requires you to open your door to a police officer.*  Don't open your door with the chain-lock on either, the police will shove their way in. Simply shout to the police officers "I HAVE NOTHING TO SAY" or just don't say anything at all.
 Guest and roommates staying in your home/apartment/dorm need to be aware of their rights specially "college students" and told not to open the door to a police officer or invite police officers into your home without your permission. Police officers are like vampires, they need your permission to come into your home. Never invite a police officer into your home, such an invitation not only gives police officers an opportunity to look around for clues to your lifestyle, habits, friends, reading material, etc;  but also tends to prolong the conversation.

 
If you are arrested outside your home the police officer might ask if you would like to go inside and get your shoes or a shirt? He might even be nice and let you tell your wife or friend goodbye, but it's a trick! Don't let the police officer into your house!
 Never agree to go to the police station if the police want to question you. Just say, "I HAVE NOTHING TO SAY."
 * In some emergency situations (for example when a someone is screaming for help from inside your home, police are chasing someone into your home, police see a felony being committed or if someone has called 911 from inside your house) police officers are then allowed to enter and search your home without a warrant.  
 Children have rights also, if you're under 18 click here. If your children don't know their rights and go talking to a teacher, school principal, police officer or a Federal agent without an attorney could cost your family dearly and change the lives of your family forever!  
If a Police Officer Stops You On The Sidewalk...
 NEVER give consent to talk to a police officer. If a police officer stops you and ask to speak with you, you're perfectly within your rights to say to the police officer "I do not wish to speak with you, good-bye. "New Law  At this point you should be free to leave. The next step the police officer might take is to ask you for identification. If you have identification on you, tell the officer where it is and ask permission to reach for it. "Some states you're not required to show an I.D. unless the police officer has reasonable suspicion that you committed a crime." Know the laws in your state!
 The police officer will start asking you questions again, at this point you may ask the officer "Am I Free to Go?" The police 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. Just ask "Am I Free to Go?"
  Police officers need your permission to have a conversation, never give it to them. There is NO law that says you must tell a police officer where you are going or where you have been, so keep your mouth shut and say nothing! Don't answer any question (except name, address and age) until you have a lawyer.

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. You always have the right not to talk or answer any questions a police officer ask you. Just tell the police officer "I'm going to remain silent."
  Under the
Fourth Amendment of 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's more likely than not that a crime has occurred and that if a search is conducted it is probable that the police officer will find evidence of the crime. This is called "probable cause."

  Police may use first hand information or tips from an informant "
snitch" to justify the need to search your property or you. If an informant's information is used, the police must prove that the information is reliable under the circumstances to a judge.

  Here's a case when police officers took the word of a "
snitch," claiming he knew where a "drug dealer" lived. The police officers took it upon themselves to go to this house that the snitch had "picked at random" and kick in the door at 1:30 in the morning ,without obtaining a search warrant from a judge. 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.  Read How Police In Texas Are Allowed to Murder Innocent People and Get Away With It

Can We Trust Police Officers?
  Are police officers allowed to lie to you? Yes the Supreme Court has ruled that  police officers can lie to the American public. Police officers are trained at lying, twisting words and to be manipulative. Police officers and other law enforcement agents are very skilled at getting information from people. So don't try to "out smart" the police officer or try being a "smooth talker" because you will loose! If you can keep your mouth shut, you just might come out ahead more than you expected.
  Teach your children that police officers are not always their friend and police officers must contact a parent for permission before they ask your child any questions. Remember police officers are trained to put you at ease and to gain your trust. Their job is to find, arrest and help convict a suspect and that suspect is you!
 The federal government created a law that says citizens can't lie to Federal Agents and yet the government can lie to American Citizens. Makes perfect since doesn'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 wanting to learn your habits, opinions, and affiliations of other people not suspected of wrongdoing. Don't try to answer a police officers questions, it can be very dangerous! You can never tell how a seemingly harmless bit of information that you give to a police officer might be used and misconstrued to hurt you or someone else. Keep in mind that lying to a federal agent is a crime. "This why Martha Stewart went to prison, not for insider trading but for lying to a Federal Agent."
 Police officers may promise shorter sentences and other deals for statements or confessions from you. The police cannot legally make deals with people they arrest, but they can and will lie to you. 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.

Lies That Police Officers Use To Get You To Talk...
 There are many ways a police officer will try to trick you into talking. It's always safe to say the Magic Words: "Am I free to leave, if not I'm going to remain silent and I want a lawyer."
 The following are common lie's the police use when they're trying to get you to talk to them:
*  "You will have to stay here and answer my questions" or "You're not leaving until I find out what I want to know."
*  "I have evidence on you, so 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."
* "Your friend has told his side of the story and it's not looking good for you, anything you want to say in your defense?"
 
If The Police Arrest You...
 
"I DON'T WANT TO TALK UNTIL MY LAWYER IS PRESENT"
* Don't answer questions the police ask you, (except name, address and age)until you have a lawyer.
* Even if the police don't read your Miranda Rights to you, refuse to say anything until your lawyer/public defender arrives. If you "voluntarily" talk to the police , then they don't have to read your Miranda Rights.
* If you're arrested and can not afford an attorney, you have the right to a public defender. If you get a public defender always make it clear to the judge that the public defender is not representing you, but merely is serving as your counsel.
* Do not talk to other jail inmates 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, 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 and say nothing else!

COMMENT
Yesterday, when I was discussing this law with a group, a citizen asked "If you have nothing to hide, why not comply with the officer?" I answered with a sime question: "If the police have no probably cause, why are they intruding into my life?"
When did government intrusion become patriotic or accepted? For heaven's sake, this country was founded on the government staying out of our lives.
Lawyer Motorcycle Association
If a police officer demands that you produce identification, that demand is not a valid.
In The Hiibel case, the US Supreme Court (highest court in the land) specifically interprets Nevada's "Duty to Identify" statute (NRS 171.123) and ruled:
"It apparently does not require him to produce a driver's license or any ...other documentation. If he chooses either to state his name or communicate it to the officer by other means, the statute is satisfied and no violation occurs." Hiibel v Sixth Judicial Court of Nevada, 542 US 177 (2004)
Please note: the driver of a vehicle is required to produce a driver's license under a different law (but NOT the passenger)
 COMMENT`
Don’t kill a cop. You will lose in Court. Enjoy life, get even as a juror (providing you’re eligible for jury service) and vote not guilty no matter what the evidence shows.
Slapstick and Pig,
If driving or riding and you have been pulled over, turn over your license, registration and insurance when asked. If cop starts asking ANY questions simply ask “am I free to leave?” If cop says “yes” then leave. If cop says “no” then say I “want a lawyer.” And continue to remain silent!
If walking down street and cop detains you in any way ask if you are free to go about your business. If cop says no then request a lawyer and remain silent. You do NOT have to take off your glasses, hat, do-rag, whatever … You do NOT have to turnover your cell phone. Do NOT allow a cop to search you or your house, car, bike, etc. without a warrant. When the cop does search without a warrant in violation of your Constitutional Rights immediately file a complaint against that cop. Immediately! Go to the cops station/division and file that complaint.
Cops put paper on us, we put paper on them. That simple.
And ALWAYS password protect your cell phone. Cops can search your cell phone in many instances without a warrant. Remain silent and don’t give up the password.
All of the above aggravates the shit out of cops. I know, I have done it many times.


Rusty Coones and Rodrigo Requejo Are Hell Raisers

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