Just Say No . . . to Cops

Yesterday, I had another personal encounter with the FedGov’s Occupation Army — a not so bright youngster from the uS Border Patrol. Stand by for the write-up to be forthcoming (hopefully) later today. — jtl, 419

By  via Eric Peters Autos

Few of us like to interact with cops – like scabies, they are best avoided entirely. But when do you have a choice – and when don’t you have a choice about interacting with a costumed enforcer? When are you legally required to identify yourself? To produce ID? Laws vary, state to state, but here are some general things to know:cop 1

* The (so-called) “consensual” interaction –

This generally applies to pedestrians and so on – people out in public, but not operating a motor vehicle.

A cop may  – like anyone else – approach you at any time and ask you questions. He is not required to have “reasonable suspicion” a crime has been committed – much less “probable cause” suggesting that a crime has been committed.

Most people – because they have been taught to defer to people wearing state-issued costumes – will answer a cop’s questions, even though they would rather not – and probably would not have, if the person asking were just an ordinary citizen as opposed to a costumed enforcer. They feel pressured. Some will show their IDs, if asked – and even grant permission to let the cop rifle through their possessions.

Arguably, all of this is less than consensual, real-world-wise, if not legally speaking. Because it can be intimidating to find yourself face to face with one of the state’s costumed (and armed) enforcers. Absent the costume (and the gun) you might be inclined to tell the person to piss off and leave you the hell alone.

However, you are not legally obliged to provide your ID, or even tell the cop your name – much less answer the cop’s questions – if the encounter is “consensual.”

Unless the cop has some legally valid reason for detaining you (more on this in a minute) you have every legal right to simply walk away. And that’s how you determine whether the encounter is, in fact, consensual. By asking him a question:  Am I free to go?

The cop will either say yes – or no. If yes, that’s it. Walk away.

If the answer is no, then you are being detained.

Very important:  Always ask the question – am I free to go? – and get an answer. Because if you don’t – and just walk away –  the cop could claim later on that you “ignored a lawful order” (or “resisted”) and might escalate the situation in a way you will not like.

You want things crystal clear and openly stated – with no room for misinterpretation. If at all possible, turn on a recording device the moment you are faced with a costumed enforcer.200380196-001

* Detention (Terry stop) –

This is the step preceding arrest. The cop has (or claims) a “reasonable suspicion” that some specific violation of law has occurred (or is about to occur) and has temporarily detained you for purposes of further investigation. As a practical matter, all traffic stops are Terry stops – named after a landmark Supreme Court case.

While you still do not have to answer any questions (Fifth Amendment) in several states you are legally obligated to state your name if asked and (if you are operating a motor vehicle) provide a driver’s license verifying your identity. In some situations – state laws and circumstances vary – the cop may demand that you exit your vehicle and pat you down/perform a cursory search of your vehicle.

Even so, you should always clearly state that you do not consent to any searches. This may help you in court if it is determined the stop itself was not legally justified.

Also: You are not legally obligated to carry a government ID on your person if you are not operating a motor vehicle on public roads – e.g., walking down the street.

Having stated your name – or provided your ID, if in a motor vehicle – you should once again ask: Am I free to go?

Now it is up to the cop whether to proceed to the next step – arresting you.cop 3

* Arrest –

Arrest means you have been  formally charged with an offense – and are being taken into custody.

Probable cause that a specific crime has been committed is the legal standard here. Usually, the cop will literally say, “you are under arrest” – and then cuff you. Once formally arrested, the cop has the legal authority to thoroughly search your person as well as any belongings and your vehicle, etc. Even so, do not give consent – unless you wish to consent to a search.

If the cop tells you he’s arresting you, ask him to specify the charge(s) and then zip it. Nothing you say to the cop at this point will result in him taking off the cuffs (much less letting you go on your way). Once formally charged and arrested, you will be taken into custody.  If the cop tries to question you further, tell him – politely – that you won’t be answering any questions.

Repeat, if need be.

If the cop won’t say “you are under arrest” – and has not handcuffed you – continue to ask: Am I free to go? Repeat this until you are either allowed to proceed on your way or taken into custody.

Throw it in the Woods?

* Disclaimer: I am not an attorney and the above info is provided as a general guide only. Consult the laws in your particular state.

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About Land & Livestock Interntional, Inc.

Land and Livestock International, Inc. is a leading agribusiness management firm providing a complete line of services to the range livestock industry. We believe that private property is the foundation of America. Private property and free markets go hand in hand—without property there is no freedom. We also believe that free markets, not government intervention, hold the key to natural resource conservation and environmental preservation. No government bureaucrat can (or will) understand and treat the land with as much respect as its owner. The bureaucrat simply does not have the same motives as does the owner of a capital interest in the property. Our specialty is the working livestock ranch simply because there are so many very good reasons for owning such a property. We provide educational, management and consulting services with a focus on ecologically and financially sustainable land management that will enhance natural processes (water and mineral cycles, energy flow and community dynamics) while enhancing profits and steadily building wealth.
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3 Responses to Just Say No . . . to Cops

  1. Brian Patrick Corcoran says:

    Jimmy,             Isn’t it time we stopped fucking around with these pricks?  Wouldn’t it not be better, the next time we are “stopped” or “detained” over bullshit, to just pull out a 45 semi auto and empty a clip into them?  If enough people did this maybe they would get the message.  That is how I think we should say “NO” to cops.  

    ________________________________

    Like

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