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InvisibleJawofmalak
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Registered: 07/21/08
Posts: 443
Dealing with the Police (FAQ)
    #10033796 - 03/24/09 04:31 PM (15 years, 8 days ago)

After having been around the block a while, I've seen a lot of people get in a lot of trouble over completely avoidable situations. And the reason is because people just don't know their rights. They assume that the police are there to help you and tell the truth.

So in order to save people some trouble, I've decided to write a little guide on what to do and not do when confronted by the police in a vehicle and at your home. Always keep in mind that state law varies, but constitutional law is the same.

1. Do not talk to the police, EVER.


When your in a group the police will try to entice you into incriminating yourself. they will say thing like, "we'll go easy on you in you just tell us who's it is." and the such. DO NOT BELIEVE THEM. The police are allowed to lie to you in order to extract the truth from you. They themselves have no say in your sentence, they only enforce the law.

This is especially important when in a group. If you are in an open area (room or the such), and marijuana is found on the floor, depending on your state you may all be able to get off. The reason is because many states have what is called "constructive possession" judicial rulings. Which basically means that a contraband substance must be in someone's direct dominion and control (in a pocket, wallet, drawer or the such) and they must have direct knowledge about the substance in order to be prosecutable. The only way they can know you have direct knowledge is if you tell them.

Always remember that you have a fifth amendment right against self-incrimination. And there's a reason that it's there. A prosecutor's job is not to find out who is innocent or guilty, it is his job to prosecute. Anything you say CAN AND WILL BE USED AGAINST YOU. Notice it doesn't say "can also help you". It can only hurt you. So avoid talking to the police and try to get in contact with an attorney immediately.

2. Never consent to a Search


If a police officer ever asks if he can search your car or person, always SAY NO. Even if you think that there is nothing contraband in your car or on your person, you never know exactly what you may have on you. In some states having so much as a stem is prosecutable. In some cases, police have even been known to plant evidence.

Again this is one of those things that can only hurt you. If they search your car it does not help you in any way. The only thing that can happen is either nothing (which would have happened anyway if you would have said no), or some contraband is found and you are arrested. Remember there is a thing called the 4th amendment, and you do not have to give your consent to a search, for any reason. And if the police barge into your car anyway, you can use your objection to a search as grounds for throwing out evidence.

Also, many times police officers will try to use what they call "implied consent" in order to search you or your car. They will tell you they are going to search your car, and wait. If you say nothing they will assume you have given consent and search your car. If they do this make sure to tell them that you have not given consent to a search.

3. Got out of there as fast as possible.

Many times the police will try and hold you as long as possible in order to get either you or one of your friends to crack. Or they may be stalling for a drug smelling dog to show up. There is a time limit for which a police officer can hold you (varies by state). Remind the police officer of this by asking him/her, "Am I being detained?" If he answers no, then he has to let you go within a certain time limit, and if he answers yes then he's just preparing to arrest you.

4. Never allow the police inside your house.

If the police see suspicious activity, they have probable cause to search your home. So always make sure to close all curtains so the police cannot plainly see what is going on in your home. If you are having a party and the police appear, do not let them inside of your home. Remember, your home is your kingdom, and no one may enter it without your permission. So always say no if they ask to come inside. And also make sure to not leave the door wide open so they can see what is plainly going on inside. Crack the door open and meet the police officers outside.

These are simple things that every citizen should know. The police are not omnipotent, and have severe restrictions on what they can do. By following these simple things, you can avoid a lot of trouble and headache. So just remember, the police are not your friend. Their job is to arrest people, not to find innocent people.


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Believe nothing, no matter where you read it, or who said

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InvisibleCameron
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Registered: 10/31/07
Posts: 4,437
Loc: Canada
Re: Dealing with the Police (FAQ) [Re: Jawofmalak]
    #10034273 - 03/24/09 05:45 PM (15 years, 8 days ago)

Good advice. :thumbup:

Though, I'm not sure about 'never' talking to the police. On my last birthday, a few friends and I were getting out of a show downtown. We sat down for a minute in a secluded alleyway to smoke a bowl, and a police van pulled up beside us minutes later. I hid the bowl, and they didn't ask about it, but one of my friends had an open beer, and the cops saw it.

We answered their questions plainly and honestly: we just got out of the symphony; we don't have criminal records; and we're not stirring up trouble. And they let us go with a warning. They dumped our half a beer, but whatever -- no ticket, no trouble.

If we had simply refused to speak with them, things probably would have gone down differently. :shrug:

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InvisibleJawofmalak
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Registered: 07/21/08
Posts: 443
Re: Dealing with the Police (FAQ) [Re: Cameron]
    #10035270 - 03/24/09 08:14 PM (15 years, 8 days ago)

If they weren't interested in the weed than whatever. But if a cop comes up to you questioning you, then that's something different. I got arrested for knowing my rights, but knowing my rights got all the charges dropped.


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Believe nothing, no matter where you read it, or who said

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OfflineNewbieS
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Registered: 07/18/04
Posts: 24,715
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Re: Dealing with the Police (FAQ) [Re: Jawofmalak]
    #10035302 - 03/24/09 08:19 PM (15 years, 8 days ago)

Thank you for this.  I hate hearing people openly giving police contraband because they said they'd "go easy".

I always feel weird about not letting police inside.  I live with my dad and our living room looks like an old person's home.  It's very neat, together, and non conspicuous so I don't think they'd want to venture further but god forbid they did I'd be FUCKED.  I feel so god damn guilty when I shut the door behind me and step onto the porch to talk.  One time they asked to speak to my Dad so I told them to wait outside while I went in to get him.  This doesn't happen a lot at all, but when it does I just feel like they smell the guilt when I make them stay outside.  :lol:

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InvisibleJawofmalak
Friendly Stranger

Registered: 07/21/08
Posts: 443
Re: Dealing with the Police (FAQ) [Re: Newbie]
    #10035396 - 03/24/09 08:33 PM (15 years, 8 days ago)

They can smell the guilt and remember it all the way back to the cop car. Our benign human nature is just to trust people, but the police are just out to fuck you. it's their job. So don't feel guilty, it's your right not to let them in.


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Believe nothing, no matter where you read it, or who said

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InvisibleJawofmalak
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Registered: 07/21/08
Posts: 443
Re: Dealing with the Police (FAQ) [Re: Jawofmalak]
    #10035412 - 03/24/09 08:35 PM (15 years, 8 days ago)

I'm not being arrogant or anything, but I think this should be a sticky somewhere. Seen too many noobs do the same stupid shit.


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Believe nothing, no matter where you read it, or who said

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Offlinehomesqueeze
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Registered: 08/11/08
Posts: 667
Loc: Flag
Last seen: 7 years, 5 months
Re: Dealing with the Police (FAQ) [Re: Newbie]
    #10035419 - 03/24/09 08:35 PM (15 years, 8 days ago)

I hate the police. I had one blatantly violate my rights when he opened my front door to talk to my roommates and I about our tree that fell over onto a parked car.  I was sleeping at the time, and one of my roommates was there, but he usually doesn't open the door unless he knows who it is.

Thanks for the facts.

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OfflineNewbieS
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Registered: 07/18/04
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Re: Dealing with the Police (FAQ) [Re: Jawofmalak]
    #10035433 - 03/24/09 08:37 PM (15 years, 8 days ago)

Before it's stickied it should contain a LOT more info.  Post some links to those cop video torrents (Busted, etc..)  Maybe some links to state laws.  That first post should be beefed up a bit more but I do agree we need a sticky somewhere.

PS.  There's already some stickies in the Safety and Security forum but a guide is def. necessary.

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InvisiblePolk_Audio3
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Registered: 02/16/09
Posts: 7,163
Loc: Amsterdam
Re: Dealing with the Police (FAQ) [Re: Newbie]
    #10035466 - 03/24/09 08:42 PM (15 years, 8 days ago)

Good advice for real man! If I get pulled over and I know there is nothing in the car and he happens to ask to search it I just do it for the hell of it. I always have problems with the law but, I don't hate them they are just doing there job. Hell a city police lives next to me! he is cool though.


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InvisibleJawofmalak
Friendly Stranger

Registered: 07/21/08
Posts: 443
Re: Dealing with the Police (FAQ) [Re: Newbie]
    #10035486 - 03/24/09 08:44 PM (15 years, 8 days ago)

You're right. I'll update this thing regularly, and hopefully get a pretty good guide. I'm from Florida, and know the law pretty well here. I got arrested and it kinda "sparked" my interest to say the least.


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Believe nothing, no matter where you read it, or who said

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