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drfemoe Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-04 04:53 PM
Original message
Know Your Rights ..
If the police stop you...

Ask, "Am I free to go?" If not, you are being detained.
If yes,walk away.

Ask, "Can you tell me why you are detaining me?" To stop you, the officer must have specific reasons to suspect your involvement in a specific crime and should be able to tell you the reason. Don't complain on the scene if the officer's reason is unjustifiable; complaining will just remind the officer to write something better on his report.
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If the police arrest you...
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Say repeatedly, "I don't want to talk until my lawyer is present." Even if your rights weren't read, refuse to talk until your lawyer/public defender arrives.
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If the police come to your home...
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If you are arrested, the police can search you and the area close by. If you are in a building, "close by" usually means just the room you are in. If an officer comes to your home with an arrest warrant, this is a good reason not to take him up on an offer to go get, say, some shoes. The only reason he would offer is to get a chance to search your house. Remember, go outside, lock the door- you don't need shoes in jail.
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much more>>
http://www.geocities.com/austincopwatch/kyr.html


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7th_Sephiroth Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-04 04:59 PM
Response to Original message
1. thier right
If the police abuse you or violate your rights...

Write down details of the incident immediately
Photograph any injuries inflicted by the police and get a medical report describing them

Call Copwatch

REMEMBER
You have legal rights but many police will not respect your rights.
BE CAREFUL-BE STREET SMART

also, never get out of your vehilce, especially if your a woman, cops rape women more often than you would think
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Massacure Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-04 05:02 PM
Response to Reply #1
2. Wouldn't not getting out of your car be considered resisting arrest.
In some situations?
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Bronco69 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-04 05:13 PM
Response to Reply #2
3. No, and it makes no difference if you are a man or a woman,
roll down the window enough so you can be heard and tell the officer you are going to drive to a well lit place such as a convenience store etc. Once you are there then you can co-operate with him.
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skygazer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-23-04 11:37 AM
Response to Reply #3
10. I won't dispute that this is a right
But whether or not you get away with it is another story. Maybe if you're white - I bet you dollars to donuts a black man who tells a cop he'll cooperate as soon as he drives to a convenience store is going to get dragged out of his car and beaten like a red headed step child.

Sure, you can take them to court and who's the court going to believe? Unless you were lucky enough to have somebody with a video camera filming it, you're out of luck. The court is always going to beleive a cop before they believe someone who broke the law.

And saying indignantly, "I know my rights!" is a sure fire way to piss off a cop. You guys are right in principle but naive if you think you're going to dictate to a cop how things go down.

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Shoeempress Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-04 05:23 PM
Response to Original message
4. And if asked, may I search you car, house, person, the answer is NO.
If they need to ask, they don't have the right. If they say, well, we'll wait until the DA gets a warrant, say OK.
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BiggJawn Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-04 05:35 PM
Response to Reply #4
5. They use the "We can make you WAIT" ploy a lot.
Edited on Fri Oct-22-04 05:36 PM by BiggJawn
"look, you can just let me take a quick look in the back seat and trunk, and that'll be the end of it. but if you wanna be a HARD ASS about it, I'll take your ass downtown and we'll TOW your car while we're waiting for the warrant. Might be a day or two before we get it. And, let me tell you, you make us go through that much trouble, you better brung a fucking basket to carry your car home in when you come to get it...Now, can I please look in your trunk?"

Or...

"Sure, I'll get a warrant. might take a few hours. I'll need you to wait outside the vehicle, though. No, you may NOT use your umbrella...Could be used as a weapon, y'know..."

Or....(after being told I had a "suspicous vehicle")

"You saying my story 'sounds fishy'? What the fuck does THAT mean? How'd you like to spend the weekend in jail so you can tell the judge how fuckin' 'fishy' you think it is Monday after lunch?"

No, I DON'T like the police much.
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drfemoe Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-23-04 03:29 AM
Response to Reply #4
7. More from the link >
><
If a cop tries to search you, your home or your car, say repeatedly, "I do not consent to this search." The police are allowed to pat down your clothing if you're being detained, to look for weapons, and they're allowed to search you if you're being arrested. Your car can be searched without a warrant so long as the officer has probable cause. To protect yourself, make it clear that you do not consent to a search and ask why they are searching you. Remember the reason they give you. If they claim to have a warrant, ask to see it. Whether or not they have a warrant, you can protect your rights by making it clear that you do not consent to a search. Remember, they wouldn't ask you if they didn't need your permission!
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porphyrian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-23-04 11:42 AM
Response to Reply #7
11. I believe in Florida...
...if you don't consent to a search, they can arrest you or otherwise take you downtown. It never happened to me, but I believe I've heard that this happens.
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drfemoe Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-24-04 01:05 AM
Response to Reply #11
15. Seems
'they' can do anything the hell they want.

I wanna know, what happened to government by, for, and of the People?
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OutsourceBush Donating Member (860 posts) Send PM | Profile | Ignore Sat Oct-23-04 11:47 AM
Response to Reply #4
12. Saying 'no' won't stop them, they just ask that as a formality
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smirkymonkey Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-04 07:15 PM
Response to Original message
6. Note: This only works if Martial Law has NOT been declared.
I am beginning to think anything can happen after the election.
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drfemoe Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-23-04 03:30 AM
Response to Reply #6
8. Would martial law
suspend the constitution and the courts??
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smirkymonkey Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-23-04 11:29 AM
Response to Reply #8
9. I thought so, but I am not postive.
Look what happened during the Republican Convention w/ protesters and Pier 57. No due process, nothing. Their rights as citizens were completely stripped while they were in their. This happened WITHOUT Martial Law.
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OutsourceBush Donating Member (860 posts) Send PM | Profile | Ignore Sat Oct-23-04 11:49 AM
Response to Reply #9
13. you are correct, they can do what they want when they want
the supreme court has allowed them to take our rights away, one by one.

Now you have the right to think you have rights. But they have the right to kick your ass any time they want and lock you up.
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drfemoe Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-23-04 04:09 PM
Response to Reply #9
14. Martial Law
This is a good spin off from the OP. It is on our minds.
Here's a start >

http://en.wikipedia.org/wiki/Martial_law

Martial law is the system of rules that takes effect (usually after a formal declaration) when a particular situation requires that a military authority take control of the normal administration of justice (and usually of the whole state).

Martial law is instituted most often when it becomes necessary to favour the activity of military authorities and organizations, usually for urgent unforeseen needs, and when the normal institutions of justice either cannot function or could be deemed too slow or to weak for the new situation, i.e. due to war or civil disorder, in occupied territory, or after a coup d'etat. The need to preserve the public order during an emergency is the essential goal of martial law.

Usually martial law reduces some of the personal rights ordinarily granted to the citizen, limits the length of the trial processes, and prescribes more severe penalties than ordinary law. In many countries martial law prescribes the death penalty for certain crimes, even if ordinary law doesn't contain that crime in its system.

In many countries martial law imposes particular rules, one of which is curfew. Often, under this system, the administration of justice is left to military tribunals, called courts-martial.

In United States law, martial law is limited by several court decisions handed down during the American Civil War and World War 2. In Ex Parte Milligan 71 US 2 1866, the United States Supreme Court held that martial law could not be instituted within the United States when its civilian courts are in operation.

more...
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