What to do during a police encounter...

[JowGaWolf]

Then politely invoke your right to remain silent and get an attorney!

Best advice ever. If I'm going to invoke my rights it's going to be through this method. All I need to do is keep a good mental record of what is going on so I can tell my attorney. An officer forgets to read me my rights? No problem, not my job to remind him of that. But I will remember so that my attorney can work it from that end. I can always use a nice payday lol.

But seriously, too many people don't know how to pick their battles and when to fight them. No one like "being outsmarted" We only have to look at Martial Talk to see how aggressive that turns out sometimes. It amazes me to see how some will think it will turn out differently in real life.

 

[Deleted member 34973]

What is constitutional when challenged is ultimately determined by the Supreme Court of the United States, and not by your personal opinion (or the interpretations of any fringe group like the "Posse Comitatus").

Of course, you are more than welcome to adhere to said opinions, but regardless of how "right" and entitled you may feel, remember that in this real world, you may well end up in jail. Even if you feel it's unfair and unconstitutional. Wah! wah!

Sorry if that came of as harsh.

OK, not really

Well yeah, and that is why 9 times out of 10..police departments lose those cases.

You gotta follow the Supreme Law of the Land, not that which hands you your paycheck.

This to the Administrator, I put this thread on unwatch, yet I am still receiving alerts, do I need to ignore individual members that tag me from this thread?

 

[Monkey Turned Wolf]

Well yeah, and that is why 9 times out of 10..police departments lose those cases.

You gotta follow the Supreme Law of the Land, not that which hands you your paycheck.

This to the Administrator, I put this thread on unwatch, yet I am still receiving alerts, do I need to ignore individual members that tag me from this thread?

If someone quotes you, unless you have them on ignore, you will get an alert no matter the thread. You always have the option to just see what thread they quoted you on, and not open it up though.

 

[Gerry Seymour]

Well yeah, and that is why 9 times out of 10..police departments lose those cases.

You gotta follow the Supreme Law of the Land, not that which hands you your paycheck.

This to the Administrator, I put this thread on unwatch, yet I am still receiving alerts, do I need to ignore individual members that tag me from this thread?

If someone mentions you in a thread (by putting the @ before your username), you'll be notified, whether you're watching the thread or not. I don't know if it would notify you if you've ignored them - I haven't tried that before.

 

[Deleted member 34973]

Thank you, I will put them on ignore.

 

[Deleted member 34973]

I am assuming, that you can't ignore moderators correct?

 

[Gerry Seymour]

I am assuming, that you can't ignore moderators correct?

That is correct.

 

[Buka]

Officer arrested at airport after arriving home | News, Sports, Jobs - Maui News

Yesterday at work it made me think of this thread.

 

[Buka]

Well yeah, and that is why 9 times out of 10..police departments lose those cases.

You gotta follow the Supreme Law of the Land, not that which hands you your paycheck.

This to the Administrator, I put this thread on unwatch, yet I am still receiving alerts, do I need to ignore individual members that tag me from this thread?

9 out of 10? That isn’t even close to correct.

 

[Buka]

I just felt like posting this. Just because. Hopefully it won't offend too many people.

 

[quasar44]

Be very polite and lose your attitude
They want to move on , too
If it’s serious then keep your mouth shut until you consult a lawyer

 

[Hapki-Concepts]

My 2-cents as it relates to Concealed carry (CCW) and being stopped. As this is a long thread, i'm sorry if it was already covered. Maybe I missed it.

 

[dvcochran]

Officer arrested at airport after arriving home | News, Sports, Jobs - Maui News

Yesterday at work it made me think of this thread.

I only saw a one sentence statement in the link. Is there more to this story?

 

[Buka]

I only saw a one sentence statement in the link. Is there more to this story?

I don't know what happened to the link. Let's see if this works....

Officer arrested at airport after arriving home | News, Sports, Jobs - Maui News

 

[Steve]

..

 

[Guardian]

Great advice, thanks! Funny video, too.

Couple of thoughts...

On being handcuffed; most police officers will remember to double-lock them, so they will not tighten down. However, it's probably a very good idea not to lean back on the cuffs if you're being transported. If they are not double-locked, they will tighten down and cut off the blood flow to your hands. It's really painful.

With regard to being cuffed while not under arrest...I have to disagree ever so slightly. The word 'arrest' literally means 'stop'. If you are free to leave, you are not under arrest. If you are not free to leave, you are under arrest. You can be arrested without being charged with a crime. You can be cuffed and detained for a short period of time; as jks9199 says, for both the officer's and the subject's safety. However, if you are cuffed, you are not free to leave; and that means one thing. You are in fact under arrest.

Here is a link to the famous ACLU "Bust Card." It's a PDF file. You can download it, print it, and fold it in quarters to fit in your wallet or purse. Good reference material to have with you, although you really should read it and understand it before you need it.

http://www.aclu.org/drug-law-reform...al-justice/know-your-rights-what-do-if-youre-

As a former LEO, I can't tell you how many times people I've arrested have told me that "You can't do that," or "I know my rights, I demand a lawyer," or "You can't arrest me unless you tell me what the charges against me are," or "Take these cuffs off and I'll kick your ***," (love that one) or "I'll have your badge," or "I'm going to sue the city and you and I'm going to own you, punk!" It used to get quite comical at times. I have no idea where people get these nutty ideas about what their rights are.

The advice given by the O/P is terrific. Read and heed. Download and read the ACLU Bust Card. Great advice there too. Arguing with a cop is always a bad idea, and raising your hand to a police officer is the same as saying you'd like your butt kicked right now, please, as Chris Rock said.

The word 'arrest' literally means 'stop'. If you are free to leave, you are not under arrest. If you are not free to leave, you are under arrest. Depending on your State/City Codes - Detained can be used if you are detained, your not under arrest but you are detained.

 

[punisher73]

The word 'arrest' literally means 'stop'. If you are free to leave, you are not under arrest. If you are not free to leave, you are under arrest. Depending on your State/City Codes - Detained can be used if you are detained, your not under arrest but you are detained.

Correct. The Supreme Court has ruled that police can stop a person as part of a “valid investigatory stop" and detain them (even in handcuffs) under reasonable suspicion that they were involved in a crime. If it is determined that they were not involved, you uncuff and release or you can then place them under arrest.

Someone mentioned police not reading Miranda Rights, so I thought I would clarify a little.

Contrary to TV/Movies, police ONLY have to read you Miranda if you have been arrested AND they are asking your questions directly related to the crime.

They are NOT required to read Miranda if you are just arresting someone and not asking them questions (I get that one all the time, although some departments may do it anyways just so they are covered as part of a departmental policy). If you have not been arrested yet and the police are still investigating matters and you are still free to go, they can ask you whatever they want and it doesn't trigger Miranda.
If you are under arrest, they can still ask unrelated questions to the crime without reading Miranda. I also see that one a lot when the officer is asking biographical questions such as full name, date of birth, height/weight, address or where they are staying etc.

 

[dvcochran]

Correct. The Supreme Court has ruled that police can stop a person as part of a “valid investigatory stop" and detain them (even in handcuffs) under reasonable suspicion that they were involved in a crime. If it is determined that they were not involved, you uncuff and release or you can then place them under arrest.

Someone mentioned police not reading Miranda Rights, so I thought I would clarify a little.

Contrary to TV/Movies, police ONLY have to read you Miranda if you have been arrested AND they are asking your questions directly related to the crime.

They are NOT required to read Miranda if you are just arresting someone and not asking them questions (I get that one all the time, although some departments may do it anyways just so they are covered as part of a departmental policy). If you have not been arrested yet and the police are still investigating matters and you are still free to go, they can ask you whatever they want and it doesn't trigger Miranda.
If you are under arrest, they can still ask unrelated questions to the crime without reading Miranda. I also see that one a lot when the officer is asking biographical questions such as full name, date of birth, height/weight, address or where they are staying etc.

How do you differentiate 'detain' from 'arrest' in this context?

 

[punisher73]

How do you differentiate 'detain' from 'arrest' in this context?

Two seperate things, but connected.

If I had detained someone and placed them in cuffs and told them where to sit/stand etc. then the assumption is that they are NOT free to leave and if I needed to ask them questions, I would either uncuff them and start talking to them after I told them they were not going to be under arrest and free to leave or I would read them Miranda Rights.

 

[drop bear]

How do you differentiate 'detain' from 'arrest' in this context?

Which we can't ever do by the way. We are either making an arrest or defending ourselves.