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browndustin
dustybuddy
Registered: 10/03/03
Posts: 2,957
Last seen: 9 years, 10 months
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What to say to cops?
#4333681 - 06/24/05 07:20 PM (18 years, 9 months ago) |
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What do you guys think you'd say if you were smoking up in a car, perhaps you've got a small pipe and maybe a couple rollies somewhere, and a cop comes and taps on your window?
Now, he can bust you or your friends for a DUI, paraphernalia, and possession possibly with the intent to sell. This is all in regards to a small amount of cannabis, say an 1/8th of nice weed.
What would you do?
This is heavily dependent on where you live, so feel free to branch off and run on tangents if you will. I'd like to know how others would handle this situation. Would you fess up? Deny a search? Stay completely silent? Or compliant?
For me, living in British Columbia Canada I'd obviously say with variables taken into account, I typically comply. If a cop asks if I'm high, I may or may not admit to it as I'm great at hiding it. When a cop's relaxed, which is almost every time I run into one, they don't even bother asking if I have weed.
One time I got busted smoking in a car with a buddy. Parked for way the hell too long, had some metallica blaring, was airing the car out from smoking a pin of the smallest joint, but was so incredibly stoned. The best weed my friend and I had ever come across had seriously knocked us off our asses so hard, and we got busted. My friend had a cheap scale in the car, and we accidentally confessed to having weed... we had some shitty bunk in the car that we gave, and the cops were about to leave, but my friend told them there was more (The extremely good bud) and they took that too and didn't even say too much. We'd then sobered up enough to realize we could have completely denied everything and got off clean after handing over the bunk.
I was completely compliant that time as a female cop came and she was a huge bitch. The other cop just wanted to leave to bust up a party somewhere, but the lady cop was being a huge bitch. The other cop kept on asking to leave, but she wouldn't budge. She took my license and asked for my parents phone number... bitch. Threatened to arrest me, I wasn't up for it so I just gave it to her even though I wasn't living at home at the time. She kept threatening to phone (at 3am) and I begged her to just call in the morning as they had probably just went to bed due to their shifts, but she kept getting in my face. I just backed right down and took it up the ass from there, she ranted and raved until the other cop almost forcefully dragged her away.
Nothing ever happened, and afaik I don't have anything on my record if I even have one... in most cases, I just play things "not like a dumbass" and the cops respect me as I do them. I'd like to know what you guys would do in this hypothetical situation. Any tips? I don't run into cops that often, but I'm usually the one who sparks a conversation with them because it's just in my nature, stoned or not.
Looking forward to hearing some feedback, preferably from people not from Canada!
-------------------- When the stress burns my brain it's like acid raindrops maryjane is the only thing that makes the pain stop
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lardnar
Pu Pu Platter
Registered: 06/15/05
Posts: 703
Loc: Behind what appears
Last seen: 17 years, 1 month
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Re: What to say to cops? [Re: browndustin]
#4336339 - 06/25/05 03:21 PM (18 years, 9 months ago) |
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I *never* consent to a search
KNOW YO RIGHTS
EDIT: This includes when I am totally sober and the car is perfectly clean
-------------------- If your soul is sence this life is lost ...
Edited by lardnar (06/25/05 03:22 PM)
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DieCommie
Registered: 12/11/03
Posts: 29,258
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Re: What to say to cops? [Re: lardnar]
#4336401 - 06/25/05 03:35 PM (18 years, 9 months ago) |
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I have also refused searces when sober and with a clean car.
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faslimy
Dead Man
Registered: 04/04/04
Posts: 3,436
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Re: What to say to cops? [Re: browndustin]
#4336904 - 06/25/05 06:00 PM (18 years, 9 months ago) |
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never give your name
ask the cop to proove he or she has jurisdiction over you.
ask them to site the statute in the law which they are using against you
ask them for the contract between you and the government giving them authority over you
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frabuno
tiras gadol
Registered: 05/30/05
Posts: 34
Loc: the hood yo
Last seen: 17 years, 3 months
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Re: What to say to cops? [Re: faslimy]
#4339909 - 06/26/05 05:53 PM (18 years, 9 months ago) |
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the pigs will try to intimidate you into giving up your rights, but don't let them,
check this out: http://www.erowid.org/freedom/police/police_consent1.shtml
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browndustin
dustybuddy
Registered: 10/03/03
Posts: 2,957
Last seen: 9 years, 10 months
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Re: What to say to cops? [Re: frabuno]
#4339950 - 06/26/05 06:08 PM (18 years, 9 months ago) |
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Yeah I've had cops imply that they're going to search the car, and just wait.... I knew it was open ended, just waiting for me to say "mhm..." and step out. But fuck that. I asked if we were under arrest and going to the station to get a search warrant filled out, and reiterated on my rights and asked which sorts of procedures would be happening, et al. The cop kind of just stopped, realized he was a fuck headed pig (Don't get me wrong, I have the utmost respect for cops but he was a fucking pig).
They backed down and said they'd call our parents, as they usually do even though we all lived on our own, and left.
If I ever run into a sketchy situation with them, I ask what's going to happen, why and what they're doing, and to ask about my rights. If any cop ever fucked up or did something retarded, then I wouldn't stand for it. They usually back down because they realize they're going to get in heaps of shit. Otherwise, in about every single instance, the cops I've met haven't really gotten to this point and have given me a lot of respect. I like the cops in BC. I actually feel protected and not violated. It's always newbie cops, female cops, or the occasional prick.
-------------------- When the stress burns my brain it's like acid raindrops maryjane is the only thing that makes the pain stop
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SoopaX
Criminal DrugAnalyst
Registered: 11/12/04
Posts: 1,690
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Re: What to say to cops? [Re: browndustin]
#4347530 - 06/28/05 05:07 PM (18 years, 8 months ago) |
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The ACLU and dancesafe.org produced a video called "Busted" that tells you your rights as a citizen. I think that the kid in the video who does what they advise as the "Right thing" still acts kinda like a prick. Be friendly with them, don't act sketchy or act nervous, if you have friends with you, make sure that you are all going to answer the question "What are you doing tonight" (or "where have you been/are you going") the same way. Discrepancies like that set cops internal alarms off. Cops don't have the right to just search your car, so if they are ASKING permission, it means that they don't have the requisite probable cause to go through your shit. Always, always refuse a search of your car, politely but firmly. I'm good at talking to people and I've used a few excuses, but the one that works the best goes something like this "Most of the men in my family are in the military, and I just won't give up one of the Constitutional Rights that they are sworn to protect, I'm also in kind of a hurry." Watch the video to hear the rest, it's pretty good shit.
-------------------- Jackie Treehorn treats objects like women, man
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SoopaX
Criminal DrugAnalyst
Registered: 11/12/04
Posts: 1,690
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Re: What to say to cops? [Re: faslimy]
#4347540 - 06/28/05 05:10 PM (18 years, 8 months ago) |
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Quote:
faslimy said: never give your name
ask the cop to proove he or she has jurisdiction over you.
ask them to site the statute in the law which they are using against you
ask them for the contract between you and the government giving them authority over you
Going with the "piss the cop off" plan might not work. Maybe try a firm, polite assertation of your rights and let that be that.
-------------------- Jackie Treehorn treats objects like women, man
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joeythecatch
Stranger
Registered: 08/26/04
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Re: What to say to cops? [Re: browndustin]
#4350293 - 06/29/05 11:31 AM (18 years, 8 months ago) |
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The most important thing to remember is that you don't have to say anything. You always have the right to remain silent. If you're driving, you do have to show the officer your ID upon request. For passengers that varies from state to state, but the best thing to do if you're going to smoke in a car is just not take an ID with you if you're not driving, unless there's some pressing reason that you'll need it at some point while you're out. Some states allow the police to do an "over the clothes" patdown for weapons when they're out patrolling after dark, but they can't even ask you to take something out of your pocket unless there's a reason for them to believe it might be a weapon. The specifics of how those searches work, I'm sure, also vary from state to state.
By far the most important thing to remember is that you don't have to say anything, and there's rarely a good reason that you should. You don't have to consent to a search of your vehicle if the officer asks. If the officer smells weed in the car (i.e., you've just been smoking and the haze hasn't even dissipated yet), then in most cases they can do a search, but that's why smoking in your car is a needless risk, as there are plenty of other places that you'd be safer.
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Sycronica
Seeker
Registered: 06/15/05
Posts: 376
Loc: Inside my head
Last seen: 18 years, 6 months
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Quote:
The most important thing to remember is that you don't have to say anything. You always have the right to remain silent. If you're driving, you do have to show the officer your ID upon request. For passengers that varies from state to state, but the best thing to do if you're going to smoke in a car is just not take an ID with you if you're not driving, unless there's some pressing reason that you'll need it at some point while you're out. Some states allow the police to do an "over the clothes" patdown for weapons when they're out patrolling after dark, but they can't even ask you to take something out of your pocket unless there's a reason for them to believe it might be a weapon. The specifics of how those searches work, I'm sure, also vary from state to state.
By far the most important thing to remember is that you don't have to say anything, and there's rarely a good reason that you should. You don't have to consent to a search of your vehicle if the officer asks. If the officer smells weed in the car (i.e., you've just been smoking and the haze hasn't even dissipated yet), then in most cases they can do a search, but that's why smoking in your car is a needless risk, as there are plenty of other places that you'd be safer.
Good stuff
-------------------- Think for yourself. Question authority. Forgiveness is the ultimate sacrifice. You can fool some people sometimes, but you can't fool all the people all the time.
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discoabe
Stranger
Registered: 03/26/04
Posts: 674
Loc: Nevada
Last seen: 18 years, 6 months
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Re: What to say to cops? [Re: faslimy]
#4351041 - 06/29/05 02:52 PM (18 years, 8 months ago) |
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Quote:
faslimy said: never give your name
That will work great if you want to goto jail. In the US the only thing you have to tell an officer is your name.
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SoopaX
Criminal DrugAnalyst
Registered: 11/12/04
Posts: 1,690
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Re: What to say to cops? [Re: SoopaX]
#4351044 - 06/29/05 02:52 PM (18 years, 8 months ago) |
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One of my friends thinks hes the smartest man ever, he said if HE ever got pulled over and the cop wanted to search, he'd say "OK, but if you search, you are going to search the ENTIRE car and you are going to put everything back just as you found it" assuming that hte cop wouldn't do it. I told him whata stupid idea that was to tempt the cop and insult him at the same time. He, of course, is never wrong. Then he got pulled over in NC coming back from Florida, said this, and the cop searched his car and found three ounces of cocaine.
JUST SAY NO TO ILLEGAL SEARCH AND SEIZURE
-------------------- Jackie Treehorn treats objects like women, man
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newuser1492
Registered: 06/12/03
Posts: 3,104
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Re: What to say to cops? [Re: discoabe]
#4351360 - 06/29/05 04:01 PM (18 years, 8 months ago) |
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That will work great if you want to goto jail. In the US the only thing you have to tell an officer is your name.
That's not exactly true. The Hibel case decided that it was up to States to decide if a person must identify themself or not.
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faslimy
Dead Man
Registered: 04/04/04
Posts: 3,436
Last seen: 8 years, 3 months
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Re: What to say to cops? [Re: newuser1492]
#4352347 - 06/29/05 08:01 PM (18 years, 8 months ago) |
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you don't have to do anything until they proove they have the right to
ask the cop to site the statute (they usually can't)
as soon as you hand over ID or give your "name" you are contracting with the officer and giving him durisdiction. Just as when you go to court and state your name you are contracting with the court to say you are liable for any of their laws and held surety for your "name" which is the only thing breaking the law, you the human are the one saying i take responsibility for my name.
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newuser1492
Registered: 06/12/03
Posts: 3,104
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Re: What to say to cops? [Re: faslimy]
#4352606 - 06/29/05 08:49 PM (18 years, 8 months ago) |
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Wrong, unless you're using an extremelly loose definition of "proove they have the right to".
SCOTUS pdf
Quote:
The petitioner was arrested and convicted for refusing to identify himself during a stop allowed by Terry v. Ohio, 392 U. S. 1 (1968). He challenges his conviction under the Fourth and Fifth Amendments to the United States Con- stitution, applicable to the States through the Fourteenth Amendment. ... The government reasoned that Hiibel had obstructed the officer in carrying out his duties under ?171.123, a Nevada statute that defines the legal rights and duties of a police officer in the context of an investiga- tive stop. Section 171.123 provides in relevant part: 1. Any peace officer may detain any person whom the officer encounters under circumstances which rea- sonably indicate that the person has committed, is committing or is about to commit a crime. . . . . . 3. The officer may detain the person pursuant to this section only to ascertain his identity and the suspicious circumstances surrounding his presence abroad. Any person so detained shall identify himself, but may not be compelled to answer any other inquiry of any peace officer. ... Provided that the suspect either states his name or communicates it to the officer by other means a choice, we assume, that the suspect may make the statute is satisfied and no violation occurs. See id., at ___, 59 P. 3d, at 1206 1207. ... The principles of Terry permit a State to require a sus- pect to disclose his name in the course of a Terry stop. The reasonableness of a seizure under the Fourth Amendment is determined by balancing its intrusion on the individ- ual s Fourth Amendment interests against its promotion of legitimate government interests. Delaware v. Prouse, 440 U. S. 648, 654 (1979). The Nevada statute satisfies that standard. The request for identity has an immediate relation to the purpose, rationale, and practical demands of a Terry stop. The threat of criminal sanction helps ensure that the request for identity does not become a legal nullity. On the other hand, the Nevada statute does not alter the nature of the stop itself: it does not change its duration, Place, supra, at 709, or its location, Dunaway, supra, at 212. A state law requiring a suspect to disclose his name in the course of a valid Terry stop is consistent with Fourth Amendment prohibitions against unreasonable searches and seizures.
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unearth
Stranger
Registered: 03/09/05
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Re: What to say to cops? [Re: SoopaX]
#4356662 - 06/30/05 06:49 PM (18 years, 8 months ago) |
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Quote:
SoopaX said:
Quote:
faslimy said: never give your name
ask the cop to proove he or she has jurisdiction over you.
ask them to site the statute in the law which they are using against you
ask them for the contract between you and the government giving them authority over you
Going with the "piss the cop off" plan might not work. Maybe try a firm, polite assertation of your rights and let that be that.
who cares,your just doing what your allowed to do,if they get pissed off its there problem and if they do something stupid they'll be paying
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niteowl
GrandPaw
Registered: 07/01/03
Posts: 16,291
Loc:
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Re: What to say to cops? [Re: unearth]
#4357055 - 06/30/05 08:51 PM (18 years, 8 months ago) |
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who cares,your just doing what your allowed to do,if they get pissed off its there problem
WRONG. If you piss a cop off, 9 times out of 10 your going to jail.
and if they do something stupid they'll be paying
Not telling a cop your name is the stupid part.
....and smoking weed while driving.
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niteowl
GrandPaw
Registered: 07/01/03
Posts: 16,291
Loc:
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Re: What to say to cops? [Re: faslimy]
#4357065 - 06/30/05 08:55 PM (18 years, 8 months ago) |
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Quote:
faslimy said: as soon as you hand over ID or give your "name" you are contracting with the officer and giving him durisdiction.
I would like to see the law that states that
To the best of my knowledge, your name and vehicle registration, is the only thing that you have to give.
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faslimy
Dead Man
Registered: 04/04/04
Posts: 3,436
Last seen: 8 years, 3 months
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Re: What to say to cops? [Re: niteowl]
#4360903 - 07/01/05 06:48 PM (18 years, 8 months ago) |
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there is only one law, commerical contract law.. the rest are statutes. if you actually sit down and read the statutes you may find it... they are written very randomly and its impossible sometimes to find what you're looking for. Done by a company called LexusNexus.
statutes can only apply to corporations, which is why you're character in the fictional game has a name like a corporation. Look up the definition of 'person' in the statutes, it will say among other things when they say person in the staute they mean corporation.
Living souls are only responsibly for the one law, commercial contract law and that is why the stautes apply because you state your corporate name and are automaitcally held surety for your name.
If you don't get it yet, well... i dunno
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niteowl
GrandPaw
Registered: 07/01/03
Posts: 16,291
Loc:
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Re: What to say to cops? [Re: faslimy]
#4361139 - 07/01/05 08:23 PM (18 years, 8 months ago) |
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What state so you live in, faslimy?
If you get pulled over in my state, you (the driver) have to give your drivers license and your vehicle registration.
That is the ONLY information you have to give.
If you get pulled over and refuse to give your drivers license and registration......your probably going to jail.
Nine times out of ten, if your driving your car, they can get your name and address, from your license plate number.
Refusing to give your name, will just cause you more trouble that its worth......
...but by all means, give it a try the next time you get pulled over in Arkansas.......
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