i posted this question before but i may not have got the desired answers because i explained a little too much. this is the question as simple as i can put it. i want a website that tells me my rights, not the aclu. i want rights in a traffic stop, but i would like advise on what to do when in contact with police for any reason. please do not give personal opinions, it was all frigin cops last time that answered and they were NO help. so please if you are a police officer or a prosocuter for the state, move on to the next question. again, links, websites, or books on the subject would be perfect.
the title of the book would be called something like " how to screw the cops that tried to screw you first" thanks a lot.
2006-07-17 10:03:54 · 22 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I checked your other question, and you may not have liked the answers you got but I saw none that were from cops. If they had been, you probably would have gotten more accurate advice.
Also, I do have the information you seek, but as a police officer, I am obeying your request and moving on to a different question.
2006-07-17 16:49:03 · answer #1 · answered by Steve R 3 · 0⤊ 1⤋
This is just going to scratch the surface but here goes. If you are stopped by a police officer try to cooperate it will make things go easier. When they ask you for identification or registration provide it. What your magic words should be are; "Am I free to leave?" As soon as the officer has determined you are who you say you are and has no other reason to detain you he should let you go. This doesn't mean that if you were speeding you don't have to stick around for the ticket it means that once he is done writing it you can go.
The real problem with your question is that police officers are not constitutional lawyers so they don't even know what your rights are. There are several tests that come into play for various situations. There is something called a Terry Stop which is probably what your looking for. (Terry v. Ohio, 392 US 1) If the police have a reasonable articulable suspicion that you are involved in something criminal they can stop you briefly to investigate. There are many things that spring from this case.
Remember that you have a Fourth Amendment Right against unreasonable searches and seizures. You have a Fifth Amendment Right against self incrimination and you have a Sixth Amendment Right to the assistance of counsel. You don't have to answer any questions that might tend to incriminate yourself. Not answering questions should not be considered not cooperating or an indication of guilt but be realistic. If a cop asks you questions about a crime and you tell him that you don't have to answer his questions he is going to get suspicious. Just cooperate and you should be on your way in short order. Sometimes it is just easier to go with the flow. Unless you are independently wealthy you will spend a lot of time in court and jail if you bust a police officer's balls when he is busting yours.
If you really want to find out more go to a law school library and read a hornbook or other treatise on criminal procedure. Keep in mind that some states have greater rights than those in the US Constitution and you may actually have a greater expectation to privacy. The problem with the world today is everyone thinks you can find the answer to any question on the web. Sometimes you can't.
I hope this helped. I am not a cop.
2006-07-17 19:30:24 · answer #2 · answered by C B 6 · 0⤊ 0⤋
Your question is just too difficult to answer since it involves constitutional , court granted rights, etc.. Whether rights were violated will have to wait for court and an argument by your attorney. The most important right is the right to keep silent, let the police do their work and if they have done something that is illegal or harmful to you lodge a complaint to your city/states police oversight board for investigation. If you interfere with the police in their activities whether you agree or not they can do harm to you or charge you with some offence. Remember that during a traffic stop they will say they have some reason to stop you and you are under their control. If you act out in any way you are just playing into their hands and giving them what is left of your power.
2006-07-17 17:14:55 · answer #3 · answered by Kenneth H 5 · 0⤊ 0⤋
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one. one will be appointed for you.
If you feel you are going to be arrested, the best thing to say to the police is "I wish to exercise my right to remain silent. I need to speak to an attorney." You do not have to answer any questions. If you are arrested, not answering questions will give the court less evidence on which to convict you later. I have beaten many charges by simply keeping my mouth shut until time to go before the judge.
2006-07-17 17:09:59 · answer #4 · answered by mrkymrk64 3 · 0⤊ 0⤋
You have the right to do what they tell you to, any thing else is interfering w/ an officer in the performance of his duty and will not help the situation at all. Say yes sir or mam' stay in the car unless told to get out, dont agree to a search if your holdin anything that is over a misdemeanor.
2006-07-17 17:08:28 · answer #5 · answered by Lem 2 · 0⤊ 0⤋
I doubt that most of your answers were from police or lawyers.
However, if you were that lucky, consider that they would know
best the ins and outs of the legal system.
It sounds to me like you are not looking for "rights", per se, but
rather for ways of tilting the system to your advantage.
That is, you don't particularly care what the law says on the
matter, but rather what you can get away with, right?
2006-07-17 17:07:31 · answer #6 · answered by Elana 7 · 0⤊ 0⤋
Biggest thing is to be calm and polite. Give the police no reason or desire to further investigate. What do you keep getting pulled over for? Here's some sites with good advice:
2006-07-17 17:08:00 · answer #7 · answered by Beardog 7 · 0⤊ 0⤋
first of all.... the only info you have to give at a traffic stop is the things they ask for, your license, insurance, and registration.... if they ask if there are any weapons in the car tell them if you have one because its worse if you dont, you dont have to answer any of those dumb *** questions that they ask you..you know, when they try to get you to walk yourself into something, if they ask to search your vehicle, ask them for probable cause, although they do have the right to search anything within arms reach. thats why you should always keep your glove box or center console locked, because believe me, they open it up and you got a lil cash in there, theyll get it out you when you aint lookin. if they ask to search your trunk for any reason, tell them no, but if they persist, tell them to get a warrant, youll have to sit there for a minute till they find out if theyll get it or not, they usually always call a k-9 when you ask for a warrant, so be sure that you dont have anything at all before you pull this on em. but as long as you didnt do anything wrong or arent moving bricks, it usually just turns that "i got ya" look, into a "i just wasted a lot of time for nothing" look..
2006-07-17 17:18:03 · answer #8 · answered by whoisthisisme 2 · 0⤊ 0⤋
OK if you break the law speeding etc please don`t expect to get treated like a prince what you need to do is SHUT UP and RESPECT the nice police man or he will make your life miserable by the way I am not a cop
2006-07-17 17:07:43 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Welcome to the beginning of the New World Order.The United States is quickly becoming a police state and the police are becoming the Nazi SS.George W. Bush is the head Nazi and you can thank him and his pals in the Skull and Bones club for all of it.
2006-07-17 17:13:13 · answer #10 · answered by theforce51 3 · 0⤊ 0⤋