OFF THE WIRE
"I WILL NOT TALK UNTIL I HAVE A LAWYER!"
Police officers hate to hear these words:
"Am I free to go?"
"I'm going to remain silent."
"I don't consent to a search."
You have rights during a traffic stop or during any police encounter. Learn what your rights are and use them!
1. Your Safety -Start by putting 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 light. Keep your license, registration and proof of insurance close by like in your "sun visor."
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. Keep your hands where the police officer can see them. Never touch a police officer and never run away!
2. Never Talk To A Police Officer -The only questions you need to answer is your name, address, date of birth, sometimes your social security number but NOTHING else! "In some states you can refuse to give your I.D. card to a police officer, know the laws of your state." Instead of telling the police officer who you are, give him your driver's license or your I.D. card. All the information the police officer needs to know about you, can be found on your i.d. card or drivers license. If you can keep your mouth shut, you just might come out ahead more than you expected.
I'm Going to Remain Silent- The Supreme Court says you should never talk to a police officereven if you're not under arrest, without an attorney. The Supreme Court ruled you must speak up and SAY to the police officer "I'm going to remain silent" and then keep your mouth shut even if you're not under arrest. How can you be falsely accused and charged with a crime, if you don't say anything? Never talk to a police officer before or after you get arrested. Anything you say or do, can and will be used against you at anytime by the police.
3. Just Say NO to Police Searches! -If a police officer didn't need your permission to search you, he wouldn't be asking you. Never give permission for a police officer to search you, your car or your home. If a police officer does search you, don't resist and just keep saying "I don't consent to this search."
4.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 that you're voluntarily staying around to talk with him. If the police officer says that you're being detained or arrested tell the police officer, "I'm going to remain silent."
4.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 that you're voluntarily staying around to talk with him. If the police officer says that you're being detained or arrested tell the police officer, "I'm going to remain silent."
Anything You Say Can And Will Be Used Against You!
Silence is not an admission of guilt and can't be used against you in court.
Police officers will be videotaping or audio recording you and this is why you must NEVER talk to the police officer. You have every right NOT to talk to a police officer and you should NOT talk to a police officer unless you have first consulted with a lawyer and the lawyer has advised you differently. Police officers depend on fear and intimidation to get what they want from you and this includes giving up your rights. The government made a law that allows police officers to lie to American citizens. That's another reason not to trust the police or the Federal government.
Never voluntarily talk to a police officer, there's no such thing as a "friendly chat." Let the police officer do all the talking and you stay silent. The Supreme Court has recently ruled that you should NOT talk to a police officer if you have NOT been arrestedand you must say out loud "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 all because they spoke to a police officer without an attorney.
Police officers have the same right as you, "Freedom of Speech." Police may 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 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 anything to hide, why won't you speak to me? Say to the officer 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 it "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."
Be as nice as possible to the police officer, 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
Keep your license, registration and proof of insurance in an easily accessible place, like your sun visor. When pulled over by a police officer stay in the car, turn on the interior 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 could get you shot.
Don't forget during traffic stops the police are videotaping you, this is why you must NOT talk to the police officer. Police officers like to ask the first question and that's usually, "do you know why I stopped you? Do you know how fast you were going?" 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 need to say is "I'm going to remain silent or 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's NO legal requirement that American citizens provide information about their comings and goings to a police officer. It's none of the police officers damn business! Keep asking the police officer "AM I FREE TO GO?" You have to speak up and verbally ask the police officer if you're allowed to leave, otherwise the courts will assume that you wanted to stay and talk to the police officer 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 made mention that no more than 15-20 minutes is a reasonable amount of time for a police officer to conduct his investigation and allow you to go FREE on your way. But you have to keep asking the police officer "AM I FREE TO GO?"
During a traffic stop 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 the 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."
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, am I FREE to go?"
For the safety of police officers the government 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 tells you to do so. The only time a police officer are allowed to be taking your personal property out of your pockets is after you have been arrested.
The police officer is allowed to handcuff you and/or detain you in his police car. 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 be recording your conversation inside the police car, say nothing to your friend and don't talk to the police officers inside the car!
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 illegal in your vehicle, the police will get a warrant from a judge and then charge you with another crime.
Don't Open Your Door At Home If A Police Officer Knocks!
If the police knock on your door at home, there's no law that says you have to open your door to police officers. "Don't worry if they do have a search warrant, they'll kick down your door before they knock." * 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, police officers 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 told of their rights and not to open the door to a police officer or invite police officer into your home without your permission. Police officers are like vampires, they need your permission to come into your home.
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 allowed to enter and search your home without a warrant.
Teenagers have rights also, if you're under 18 click here. If your children don't know their rights and they go talking to a teacher, school principal, police officer or a Federal agent without an attorney, it could cost your family dearly and change the lives of your family forever!
Dealing With a Police Officer In Public
NEVER give consent to a police officer and allow for a conversation to start. If a police officer stops you and ask to speak with you, you're perfectly within your rights to say "I do not wish to speak with you," then say good-bye. At this point you should be free to leave, but the police officer might ask for your identification. If you have identification on you, tell the officer where it's at and ask permission to reach for it. "In 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 of your state!"
The police officer might start asking you questions, 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 don't have to answer this question either.
Police officers need your permission to have a conversation. There is NO law that says you have 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 questions (except name, address and age) until you have a lawyer.
Police officers need your permission to have a conversation. There is NO law that says you have 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 questions (except name, address and age) until you have a lawyer.
Probable Cause
A police officer has no right to detain you unless there exist reasonable suspicion that you have 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 might 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 generally must show that it's more likely than not that a crime has occurred and that if a search is conducted it's 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 several police officers took the word of a "snitch," claiming he knew where a "drug dealer" lived. Corrupt police officers in Houston Texas took it upon themselves to go to this house that the snitch had "picked at random" and the officers kicked in the front door at 1:30 in the morning. Police never bothered to get a warrant from a judge. The aftermath was... Police Officers In Texas Are Allowed to Murder Innocent People and Get Away With It
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 generally must show that it's more likely than not that a crime has occurred and that if a search is conducted it's 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 several police officers took the word of a "snitch," claiming he knew where a "drug dealer" lived. Corrupt police officers in Houston Texas took it upon themselves to go to this house that the snitch had "picked at random" and the officers kicked in the front door at 1:30 in the morning. Police never bothered to get a warrant from a judge. The aftermath was... Police Officers In Texas Are Allowed to Murder Innocent People and Get Away With It
Should We Trust Police Officers?
Are police officers allowed to lie to you? Yes the Supreme Court has ruledpolice officers can lie to the American people. Police officers are trained at lying, twisting words and being manipulative. Police officers and other law enforcement agents are very skilled at getting information from people. So don't try to "out smart" a police officer and don't 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 they must call a parent for permission before they're allowed to talk to police officer. Remember police officers are trained to put your child at ease and build trust. A police officers job is to find, arrest and help convict a suspect and that suspect could be your child!
Although police officers may seem nice and pretend to be on your side theywant 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. Also keep in mind that lying to a federal agent is a Federal crime. "That's why Martha Stewart went to prison, not for insider trading but for lying to a Federal Agent."
Lies Police Officers Will Say To Get You to Talk
There'smany ways a police officer can LIE and trick you into talking. It's always safe to say the Magic Words: "Am I free to leave? 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:
* "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." (Police can fabricate fake evidence to convince you to tell them what they want to know.)
* "You're not a suspect, were simply investigating here. Help us understand what happened and then you may leave."
* "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 tell me?
If The Police Arrest You
"I WILL NOT TALK UNTIL I HAVE A LAWYER!"
* Don't answer any questions the police ask you, (except for your name, address and age.) Any other questions the police officer ask you, just say I want to talk to my lawyer.
* Police officers don't always have to read to you the Miranda Rights after you've been arrested. If you "voluntarily" talk a police officer, the police officer doesn't have to read your Miranda Rights. Talking to a police officer at anytime can be very dangerous!
* Never 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 you choose. The police can't listen to you your phone call if you're talking to your lawyer.
* The longest you can be held in jail is 72 hours. If you get arrested on a 3 day weekend you may not see the judge until Tuesday morning. Otherwise youwill usuallyget out of jail in 4 to 24 hours if you can make bond.
* If you're on probation or parole tell your P.O. you've been arrested and say nothing else to him!