Information provided for research purposes only of course - not in any way a substitute for professional medical or legal advice!
From LegalLine.ca:
743 Can the police stop and question you?
When police can stop you
The police can stop you under three general circumstances. First, the police can stop you if they suspect that you have committed an offence. Second, the police can stop you if they actually see you committing an offence. And third, the police can stop you at any time while you are driving to determine whether you have consumed alcohol or drugs, whether you are insured, and whether the car is mechanically fit to be driven. In all cases, once the police stop you, you have the right to know why, and the right to speak to a lawyer within a reasonable period of time.
What you should do
Although under the law you have the right to remain silent when questioned by police, it is best to cooperate with the police, and identify yourself. In some circumstances, you could be charged with the offence of obstructing the police if you fail to tell them your name. You could also be charged with an offence if you give the police a false name.
Being detained by the police
If the police continue to ask you questions and they do not allow you to leave, then in law it means that they are detaining you. When you are detained, you have the right to know why they are detaining or arresting you, and you have the right to talk to a lawyer.
Right to remain silent
Regardless of whether you have or have not been arrested, anything you tell the police can be used as evidence against you. This also applies to any physical tests that you are asked to perform or any samples that you are asked to voluntarily provide. Even though you may think that what you are telling the police could not hurt you in court, what you say or write could later become evidence against you. To be safe, you should consider talking to a lawyer before making any statements to any police officer, or before performing any test or providing any sample.
745 Can the police enter and search your home?
When the police can enter your home
The police can enter and search your home in two general circumstances. First, they can enter and search your home if you give them permission. Second, they can enter and search your home if they have a search or arrest warrant. The police also have the power to enter, but not search, your home in certain emergencies.
Entry with your permission
First, the police can enter and search your home if they are given permission. Permission means that someone who lives in the home allows the police to enter. Generally, permission can only be given by an adult. If the police ask to enter your home without a warrant, and you do not want them to come in, you should tell them clearly that you do not want them to enter. Otherwise they may think that you have agreed to let them in. However, if you give the police permission to enter and they do not have a search warrant, you can ask them to leave at any time if you change your mind.
Entry with a warrant
Second, the police can enter and search your home if they have a search warrant or an arrest warrant. A warrant is a piece of paper signed by a judge that states who is to be arrested or what place can be searched. It gives the police the power to enter and search your home even if you don't want them to. You should not get in the way of a lawful search or arrest - if you do not let the police inside, you may be charged with obstructing the police.
Search warrant
A search warrant gives the police the right to enter and search your home for the things listed in the warrant. It gives the police the right to search for and take these things if they are found. The police must have the search warrant with them and you have a right to see it. While searching, the police cannot destroy things unnecessarily. They can also only search in places where the things listed in the search warrant might be found. For example, they can't look inside a drawer if they are looking for a stolen bicycle. Once the police have found the things listed in the search warrant, they must leave your home. They cannot continue to search. Ask for the name and badge number of the officer who appears to be in charge of the search.
Arrest warrant
An arrest warrant gives the police the right to enter a home to arrest the person whose name is listed on the warrant. An arrest warrant also gives the police a limited power to search a home. If an arrest is made in your home, generally the police can only search the immediate surroundings.
If the police enter your home with a search warrant or an arrest warrant, they can also take other illegal things or evidence of crime that they find during their search. For example, if the police have a search warrant to look for a gun and while they are searching, they find illegal drugs, the drugs can be taken and used as evidence for a drug charge against you.
Entry in emergencies
Finally, the police also have the power to enter your home in certain kinds of emergencies. There are three general circumstances that are considered to be emergencies. First, the police can follow someone into your home if that person has just committed an offence, or if the police believe that person is about to commit an offence. Second, the police can enter if they believe someone in your home is about to harm another person. And third, they can enter to give emergency aid to someone inside. This power to enter your home in an emergency does not give the police the right to search your home. However, while they are in your home the police can seize anything illegal or any evidence of crime that they see.
If during a search, the police take something from your home, you may be entitled to get it back. You should consult a lawyer for further assistance.
More information at: LegalLine.ca
Copied with permission from a card produced by our friends at the Organic Traveller (formerly the Great Canadian Hemporium) in London (see also www.pivotlegal.org):
Officer, please understand I refuse to talk to you other than to identify myself until I consult with my lawyer. I also refuse to consent to any search of these premises or any premises under my control or which I have in my possession, proprietary or privacy interest including my car, body or effects. I further refuse to consent to the taking of my breath, bodily fluids or tissue for scientific analysis without an opportunity to consult with my lawyer. As a Canadian, I desire to exercise all my rights guaranteed to my by THE CONSTITUTION OF CANADA TO BE FREE FROM INTERFERENCE WITH MY PERSONAL AFFAIRS. If you attempt to question me I want my lawyer present. I further refuse to participate in any line-up or perform any physical acts, speak or display my person and property at your discretion without first consulting with my lawyer. If I am under arrest I wish to know under what charge and wish to INVOKE AND EXERCISE MY CONSTITUTIONAL RIGHTS. If you ignore my rights and attempt to produce a waiver I want to consult with my lawyer prior to any conversation with you. If I am not under arrest, I wish to leave. If I am free to leave please tell me so that I may return to my business.
And here's a recommended (sorry, don't remember where I found this) answer to the question "May I search your vehicle?":
"I do not consent to your search of my car. If you are going to search it without my consent I will give you the keys after you note in your notebook that I have not consented."
An American take but still useful info for Canadians.
http://www.rense.com/general72/howto.htm
How To Deal With Police Officers - Magic Words?
Author Unknown
6-14-6
When dealing with the police, keep your hands in view and don't make sudden
movements. Avoid passing behind them. Nervous cops are dangerous cops.
Also,
never touch the police or their equipment (vehicles, flashlights, animals,
etc.) - you can get beat up and charged with assault.
The police do not decide your charges; they can only make recommendations.
The prosecutor is the only person who can actually charge you. Remember this
the next time the cops start rattling off all the charges they're supposedly
"going to give you."
Questioning
Interrogation isn't always bright lights and rubber hoses - usually it's
just a conversation. Whenever the cops ask you anything besides your name
and address, it's legally safest to (respectfully) say these Magic Words:
"I am going to remain silent. I want to see a lawyer."
This invokes the rights which protect you from interrogation. When you say
this, the cops (and all other law enforcement officials) are legally
required to stop asking you questions. They probably won't stop, so just
repeat the Magic Words or remain silent until they catch on.
Remember, anything you say to the authorities can and will be used against
you and your friends in court. There's no way to predict what information
the police might try to use or how they'd use it. Plus, the police often
misquote or lie altogether about what was said. So say only the Magic Words
and let all the cops and witnesses know that this is your policy. Make sure
that when you're arrested with other people, the rest of the group knows the
Magic Words and promises to use them.
One of the jobs of cops is to get information out of people, and they
usually don't have any scruples about how they do it. Cops are legally
allowed to lie when they're investigating, and they are trained to be
manipulative. The only thing you should say to cops, other than identifying
yourself, is the Magic Words: "I am going to remain silent. I want to see a
lawyer."
Here are some lies they will tell you:
"You're not a suspect - just help us understand what happened here and then
you can go."
"If you don't answer my questions, I'll have no choice but to arrest you. Do
you want to go to jail?"
"If you don't answer my questions, I'm going to charge you with resisting
arrest."
"All of your friends have cooperated and we let them go home. You're the
only one left."
Cops are sneaky buggers and there are lots of ways they can trick you into
talking. Here are some scams they'll pull:
Good Cop/ Bad Cop: Bad cop is aggressive and menacing, while good cop is
nice, friendly, and familiar (usually good cop is the same race and gender
as you). The idea is bad cop scares you so bad you are desperately looking
for a friend. Good cop is that friend.
The cops will tell you that your friends ratted on you so that you will
snitch on them. Meanwhile, they tell your friends the same thing. If anyone
breaks and talks, you all go down.
The cops will tell you that they have all the evidence they need to convict
you and that if you "take responsibility" and confess the judge will be
impressed by your honesty and go easy on you. What they really mean is: "we
don't have enough evidence yet, please confess."
Jail is a very isolating and intimidating place. It is really easy to
believe what the cops tell you. Insist upon speaking with a lawyer before
you answer any questions or sign anything.
The Golden Rule: Never trust a cop.
The Miranda Warnings
The police do not have to read you your rights (also known as the Miranda
warnings). Miranda applies when there is (a) an interrogation (b) by a
police officer of other agent of law enforcement (c) while the suspect is in
police custody (you do not have to be formally arrested to be "in custody").
Even when all these conditions are met, the police intentionally violate
Miranda. And though your rights have been violated, what you say can be used
against you. For this reason, it is better not to wait for the cops â€" you
know what your rights are, so you can invoke them by saying the Magic Words,
"I am going to remain silent. I want to see a lawyer."
If you've been arrested and realize that you have started answering
questions, don't panic. Just re-invoke your rights by saying the Magic Words
again. Don't let them trick you into thinking that because you answered some
of their questions, you have to answer all of them.
Police Encounters
There are three basic types of encounters with the police: Conversation,
Detention, and Arrest.
Conversation
When the cops are trying to get information, but don't have enough evidence
to detain or arrest you, they'll try to weasel some information out of you.
They may call this a "casual encounter" or a "friendly conversation". If you
talk to them, you may give them the information they need to arrest you or
your friends. In most situations, it's better and safer not to talk to cops.
Detention
Police can detain you only if they have reasonable suspicion (see below)
that you are involved in a crime. Detention means that, though you aren't
arrested, you can't leave. Detention is supposed to last a short time and
they aren't supposed to move you. During detention, the police can pat you
down and go into your bag to make sure you don't have any weapons. They
aren't supposed to go into your pockets unless they feel a weapon.
If the police are asking questions, ask if you are being detained. If not,
leave and say nothing else to them. If you are being detained, you may want
to ask why. Then you should say the Magic Words: "I am going to remain
silent. I want a lawyer" and nothing else.
A detention can easily turn into arrest. If the police are detaining you and
they get information that you are involved in a crime, they will arrest you,
even if it has nothing to do with your detention. For example, if someone
gets pulled over for speeding (detained) and the cop sees drugs in the car,
the cops will arrest her for possession of the drugs even though it has
nothing to do with her getting pulled over. Cops have two reasons to detain
you: 1) they are writing you a citation (a traffic ticket, for example), or
2) they want to arrest you but they don't have enough information yet to do
so.
Arrest
Police can arrest you only if they have probable cause (see below) that you
are involved in a crime. When you are arrested, the cops can search you to
the skin and go through you car and any belongings. By law, an officer strip
searching you must be the same gender as you.
If the police come to your door with an arrest warrant, go outside and lock
the door behind you. Cops are allowed to search any room you go into, so
don't go back into the house for any reason. If they have an arrest warrant,
hiding won't help because they are allowed to force their way in if they
know you are there. It's usually better to just go with them without giving
them an opportunity to search.
Reasonable Suspicion vs. Probable Cause
Reasonable suspicion must be based on more than a hunch - cops must be able
to put their suspicion into words. For example, cops can't just stop someone
and say, "She looked like she was up to something." They need to be more
specific, like, "She was standing under the overpass staring up at some
graffiti that hadn't been there 2 hours ago. She had the same graffiti
pattern written on her backpack. I suspected that she had put up the
graffiti."
Cops need more proof to say they have a probable cause than to say they have
a reasonable suspicion. For example, "A store owner called to report someone
matching her description tagging a wall across the street. As I drove up to
the store, I saw her running away spattered with paint and carrying a spray
can in her hand."
Searches
Never consent to a search! If the police try to search your house, car,
backpack, pockets, etc. say the Magic Words 2: "I do not consent to this
search." This may not stop them from forcing their way in and searching
anyway, but if they search you illegally, they probably won't be able to use
the evidence against you in court. You have nothing to lose from refusing to
consent to a search and lots to gain. Do not physically resist cops when
they are trying to search because you could get hurt and charged with
resisting arrest or assault. Just keep repeating the Magic Words 2 so that
the cops and all witnesses know that this is your policy.
Be careful about casual consent. That is, if you are stopped by the cops and
you get out of the car but don't close the door, they can search the car and
claim that they though you were indicating consent by leaving the door ajar.
Also, if you say, "I'd rather you didn't search," they can claim that you
were reluctantly giving them permission to search. Always just say the Magic
Words 2: "I do not consent to this search."
If the cops have a search warrant, nothing changes - it's legally safest to
just say the Magic Words 2. Again, you have nothing to lose from refusing to
consent to a search, and lots to gain if the search warrant is incorrect or
invalid in some way. If they do have a search warrant, ask to read it. A
valid warrant must have a recent date (usually not more than a couple of
weeks), the correct address, and a judge's or magistrate's signature; some
warrants indicate the time of day the cops can search. You should say the
Magic Words 2 whether or not the search warrant appears correct. The same
goes for any government official who tries to search you, your belongings,
or your house.
Infiltrators and Informants
Undercover cops sometimes infiltrate political organizations. They can lie
about being cops even if asked directly. Undercover cops can even break the
law (narcs get hazard pay for doing drugs as part of their cover) and
encourage others to do so as well. This is not legally entrapment.
FBI and other government agents
The essence of the Magic Words "I'm keeping my mouth shut until I talk to a
lawyer" not only applies to police but also to the FBI, INS, CIA, even IRS.
If you want to be nice and polite, tell them that you don't wish to speak
with them until you've spoken with your lawyer, or that you won't answer
questions without a lawyer present. If you are being investigated as a
result of your political activity, you can call the National Lawyers Guild
at (415) 582-1055; they will help you find a lawyer you can talk to.
Taking Notes
Whenever you interact with or observe the police, always write down what is
said and who said it. Write down the cops' names and badge numbers and the
names and contact information of any witnesses. Record everything that
happens. If you are expecting a lot of police contact, get in the habit of
carrying a small tape recorder and a camera with you. Be careful - cops
don't like people taking notes, especially if the cops are planning on doing
something illegal. Observing them and documenting their actions may have
very different results; for example, it may cause them to respond
aggressively, or it may prevent them from abusing you or your friends.
Conclusion
People deal with police in all kinds of circumstances. You must make an
individual decision about how you will interact with law enforcement. It is
important to know your legal rights, but it is also important for you to
decide when and how to use them in order to best protect yourself
Another American version, via NY Transfer News Collective * All the News that Doesn't Fit:
What to do if you get stopped by the cops
The legal system in the US is one arm of the octopus we call "The System."
It was designed by and is used for the benefit of those who control the
society. It was not designed to protect the "rights" of those who oppose
capitalism or business as usual.
Because of various historical accidents, there are aspect of the law that,
at least in theory, protect individual "liberties." The law presumes,
however, that everyone knows what these protections are and if you don't
know what they are, it is very easy to "waive" these rights. Therefore,
in the interest of giving us all an equal chance when we're confronted by
the cops, here are some thoughts on the law of cop's stops and searches.
This article is based on how things are supposed to be "in theory." The
reality is that cops can and will do anything they want out on the
street. And they won't hesitate to lie about it later on.
But some cops are worse than others and a lot of them may treat you
differently if they think you know your rights. The cops depend on fear
and intimidation to get what they want. Don't let them get away with more
than they are allowed to because of fear.
If you run into a really bad cop, talking back to him and standing up for
your rights might get you beaten up or killed, so be careful about the
realistic limits of "the law" and of your rights in America. The cops are
perhaps the most dangerous members of our society so pay attention when
you talk to them. What if I get stopped by the cops?
When a cops officer stops you on the street, the law says that the stop
will fall into one of 3 categories: consensual contact, detention and
arrest. Which one you're in determines how badly they can fuck with you.
At one end is a "consensual contact." This means that the officer comes up
to you and says "can I speak with you?" If you say "yes," you have
consented to have contact with the cops. That is very bad. The result
of such "consent" is that you won't have various "rights" under the
Constitution.
ESPECIALLY if you think you may be guilty of something (you have a warrant
out on you, you are carrying drugs, you just did something illegal), NEVER
consent to talk to a cops officer. This sounds backward. The normal
impulse when confronted with a cop is to be polite and try to convince
them that you aren't doing anything. If you follow such an impulse, you
are unlikely to actually convince the officer and if the cop gets you on
something, you won't be able to get out of it later on in court. Never
voluntarily talk to the cops!
If you don't think you are guilty of anything, it still isn't a good idea
to consensually talk to the cop. You never know how the conversation will
end up. And if people figure "well, I'm not guilty of anything so I'll
let the cops stop me and ask me a few questions now and then" the cops
state will be on the march. Further, it will encourage the idea that
people who don't want to talk to the cops have something to hide. How
do I avoid a consensual contact?
If the cop asks, "can I talk to you" say something like "I'm sorry, I'm in
a hurry and I don't have time to talk to you right now." If the cop
insists, ask him "Are you detaining me? Am I free to leave?"
Ask this several times to make sure the cop will have a hard time lying
and saying you didn't mention it later on if you get to court. If it is
really a consensual contact, the officer ought to let you go on your way
if you ask to go. If you don't actually verbally ask to leave, the court
will presume that you consented to whatever follows.
Cops detentions
The next category of citizen/cops contact is called a detention. The
cops are only allowed to detain a citizen when there are "specific and
articulable facts supporting suspicion" that you are involved in criminal
activity.
This means that they can't detain you on a "hunch." "Specific and
articulable facts" (SAF) means that the cops must have observed
something about your behavior and character that links you with specific
criminal activity. If the cops detain you without SAF, the detention is
illegal and whatever they obtain as a result of the detention (evidence or
arrest) cannot be used against you in court. How does this all work in
practice?
Suppose the cops stop you because it is late at night, you are walking
around the city, "you look at them funny", look "strange" or are homeless
or the wrong color.
The officer says "Excuse me, may I talk to you?" You say alright. You have
just consented to talk to the cops. If the officer notices after
talking to you for a while that you have spray paint on your finger or
wheatpaste on you clothing, or notices a bulge in your coat, the officer
can find cause to detain you and could eventually arrest you.
If, however, you said "no, I have to go" the officer is supposed to let
you go because he or she doesn't have SAF that you are involved in
criminal activity just because you look funny and it is nighttime. The
courts have found all of the facts mentioned above insufficient to justify
a detention.
If the cop says, "well, you can't go" or otherwise detains you, then if
they do find reason to arrest you, you may be able to avoid the penalty
because the original detention was illegal. If the officer detains you
and finds nothing, you should complain to the city, the "cops review
commission" in your town (if there is one) and you should let COPWATCH
know about what happened. (510-548-0425.)
Often (except as noted below), when you start throwing around terms like
"detention" and "specific and articulable facts" the cop is going to lay
off. A lot of the cops's power is intimidation and the public's
ignorance.
It is crucial that you let the officer know that you are not "consenting"
to talk to him and that the only way you will talk to him is if he detains
you.
There may be SAF in some circumstances. If you rob a bank wearing red
pants and a string tie and are spotted 15 minutes later in those same
clothes carrying a white money bag reported missing by the bank, the
cops will probably have SAF. There is nothing illegal about a cops
detention if they have SAF, but not just anything is a "specific and
articulable fact" supporting suspicion that you are involved in criminal
activity. The facts have to be very specific.
A lot of "cops harassment" situations involve the cops stopping people
because they "look wrong" and then going on "fishing expeditions" looking
for a valid reason to arrest which they didn't have at the beginning of
the stop. Don't give the officer a chance to find anything out--"Just Say
No." What if the officer asks to search?
More serious than consensual contact and detention is an arrest. For an
arrest, the cops need a high level of suspicion of your involvement in
criminal activity. If you are arrested, the cops can search you as part
of the arrest.
If the officer asks to search you without arresting you, you can say "no."
The cops have the right to search for weapons if they feel in danger of
being attacked. They are not allowed to search people for other items.
In a lot of cases the cops ask to search someone and obtain "consent" to
search. Even though the search isn't justified, it will be legal because
the citizen didn't object and therefore "consent" is presumed.
If the officer asks to search you or any of your property, tell them you
don't have a weapon and ask if you are under arrest or if they have a
warrant. If you aren't and they don't, tell them "I would rather not let
you search." They may ask many times and seem to be acting with complete
authority. Just Say No. You will not let them search you unless they
arrest you or have a warrant, and you don't have a weapon.
If they search anyway, and find something, you may be able to escape
the penalty later in court. If the cop is obeying the law, they should
leave you alone. The fact that you refused to be searched does not make
you more "suspicious" and give them an excuse to search.
Of course as stated above, the cops may ignore all of these laws and
they may be less than polite and non-violent. When a cop gets out of
control, deal with it carefully. But don't voluntarily consent to either
a search or a detention.
Slingshot
700 Eshleman Hall
Berkeley, CA 94702
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Title: "I do not consent to a search; Am I free to go?; I want a lawyer."
By: B. Wyze
Dedicated to the memory of Paul Reynolds,
one of San Diego's inspired leaders in the pro-hemp movement,
cut down in his prime by a sheriff deputy's bullet.
Disclaimer: I'm not a lawyer; I'm one of you. What I write here is the
best information that I've gleaned so far, and I'm prepared to use it myself.
These are my best suggestions, and do not constitute legal advice. In
situations where there's a question between what's legal and what's safe, my
bias is to stick with what's safe. Check out this article with your lawyer or
a good second-year law student or better, and then mass copy it for all of your
friends! Let us know what you find out, what your experiences are, and your
ideas, so we can keep this up-to-date and make it even better.
This is your front line of defense in the War on Drug Users.
What it is: Cops love to play word games, and they're good at it.
They're also good at taking control and being the boss, or coming on like
they're your parents or something. They know that you have rights, but
they're betting that you don't know what they are. Watch your ass! Many
people get busted by falling into their traps, or by not realizing that the cop
is trying to get you to give up your rights ... so don't let them get away
with it! One lawyer said that 99% of the people in jail talked themselves
into it.
Some of their cute little tricks: "May we search you? No. Why, got
something to hide?", or "Look, can I go? Not yet. Why, am I under arrest?
Would you like to be?" Rather than keeping this sort of bullshit going, or
trying to outwit them, it's just better not to play that kind of game.
Keep in mind that if you lie to a cop and they can prove it later, that's one
more thing you can be charged with ... so don't tell them anything one way
or another! (One lawyer did say "Admit nothing, deny everything, and
demand a lawyer", so maybe you can lie to a cop since you're not under oath,
but it seems more prudent just to keep quiet.) Sometimes they'll threaten
"Look, we can go get a warrant anytime, so you'd better let us in", but what
that really means is "We tried everything, but couldn't get one. Please let
us in so we can bust you." Well ... just say "No." Tell them to go get that
warrant. Sometimes they'll say "A friend of yours ratted you out and told us
everything. You know the guy, (insert name here)." This is a fishhook ...
don't bite! And don't believe them! They're probably trying to get you to
"retaliate" and to spill the beans about your friend ... who will be next
on their pickup list because of what you just said.
General advice: Remain calm. Don't offer physical resistance. Be polite
if you say anything. Don't cuss at or mouth off to a cop ... fighting words
are not protected speech, and the cop might have grounds for assault charges
against you (or at least will make life a little rougher for you). And,
never consent to a search of any kind.
Best case scenario: They detain you for a non-drug reason, such as a
broken car light, a traffic violation, stereo too loud, etc. It's best to
play along as "the good citizen" and to be courteous. If you totally get into
their game and promise to take care of it, at most they'll write you a ticket,
admonish you, and then let you go. Take the lumps! Express remorse!
It works. If they go too far (like trying to search you or your property),
then dig in your heels and exercise your rights. Read on.
Your rights: You have the right to refuse to let them into your home if
they don't have a warrant (4th Amendment). You can refuse to consent to a
search (4th Amendment), but you can't physically stop them. You can remain
silent (5th Amendment), although it is often advisable to give them your name,
address, and age. You have the right to have your attorney with you while they
question you (5th Amendment, I think). You have the right not to sign anything
they give you, except for a ticket. Do not make a statement!
Their "rights": They can briefly do a pat-down search on the outside of
your clothing and check-out suspicious lumps that feel hard and bulky ... they
want to make sure that you don't have a concealed weapon (but you should say
"I don't consent to being searched" anyway to cover yourself, and you shouldn't
carry anything incriminating in that same pocket!). They can and will ask you
everything under the sun (freedom of speech you know). If you blow it by:
answering their questions, letting them into your house, or consenting to a
search, then they gotcha cold ... so don't do it! They don't have to read
you your rights if you're not under arrest, so you'd better know what they are.
They can briefly detain you for various purposes, but they can't hold you
unless you're under arrest (If you ask "Am I free to go?", and they say no,
ask "Why not?" or "What is the law that allows you to hold me?" or "I'm not
under arrest, yet you've said I can't leave ... please clarify my legal status
at this time."). If you try to physically resist them or to run away from
them, then they have the right to use force against you ... even if you're
clean and have done nothing wrong! So ... keep calm and be cool, they've got
the deck stacked in their favor and they know it.
Reasonable Suspicion: Allows them to look briefly, but not to search.
Probable Cause: Having some kind of evidence against you, such as: a
certain smell, an anonymous phone call about you, or seeing a joint lying
on your living room table. Refusal to allow a search is not probable cause ...
if it were, then they could search you no matter what answer you give, which
is totally against the US Constitution (4th Amendment).
At home: If they knock on your door to "ask you a few questions", then
either talk through the closed door or quickly step outside and lock your door
behind you. This serves two purposes: One, do not give them an opportunity to
look inside ... if they see something, that's probable cause. Two, if they
want to conduct an illegal search, then they'll have to break down your door to
do so. Then you can use the broken pieces as evidence against them, whereas if
there are no broken pieces, then they will claim that you let them in
voluntarily. If they drag on their "question" thing too long, keep asking
"Am I free to go?" until they give you a definite answer. If they have a
warrant, then tell them they can't start their search until your lawyer
arrives to witness it, and then get that lawyer over real quick! During the
search, have everyone sit together and instruct them to say absolutely nothing.
If the cops ask you to do something, then you may politely tell them "Unless
you are ordering me to do that at this time, I refuse. Are you ordering me to
do that?" If they say yes, then you can ask "What law says that you can order
me to do that?" If they can't answer, then don't do it. If they try to force
you at that point, do not resist, and state "I'm not doing this voluntarily,
but under protest and duress." Remember your witnesses.
On the road: You don't have much left in the way of rights when you're on
the road. In my opinion, the best you can do is to keep things on the level of
an average citizen stopped for a minor traffic violation. It's pretty easy to
do this, and all it takes is a little fore-thought.
First of all, keep your license, registration, and proof of insurance in an
easily accessible place, such as attached to your sun visor. The less time it
takes for you to get these, the less time the officer has to look through your
windows while waiting. If you get pulled over, stay in the car, turn on the
cab light if it's dark, roll down your window, keep your hands relaxed on the
wheel (10-2 position) so the officer can see them, sit still, relax and wait
for the officer to come to you. (sudden moves, ducking down, looking nervous,
or appearing to be searching for something under your seat is just asking for
trouble ... so, just sit up naturally, be still, and put the officer at ease).
The point of all this is to demonstrate to the officer that you're an average
ordinary citizen ready to be admonished for some small infraction, and that
you're hoping for a warning rather than a citation, so be a little meek and
humble. The idea is to get the cop to like you and to trust you, and maybe
you won't even get a ticket! When interacting with the cop, be courteous
and listen attentively. Be at ease, and talk to the person behind the badge.
The cop has the right to look in your car from the outside, so it's good
practice to keep any questionable items put away while you're driving (ie,
don't keep a half-smoked joint sitting in an open ashtray!).
If you're legally carrying a firearm, it's advisable to tell the officer
(eg, "Officer, I have an unloaded pistol in my glove compartment. What would
you like me to do?"). If this is the case, obey their orders, and make it
clear to them that you're just a law-abiding citizen who's aware that San Diego
is not as nice as it used to be.
If they ask you to get out of the car, it's strongly advisable to do so.
Get out slowly in a calm, deliberate and reasonable manner, and follow the cop
to see what it is they want to point out to you.
If all of the above goes well, then you'll at most get a ticket and will
be free to drive away. This is what you want. The next part of this section
is for those cases that don't turn out this nicely.
Like I said in the first line of this section, you don't have much left in
the way of rights when you're on the road. Cops apparently have the right to
"pat down" the interior of your car (driver's compartment, glove box, and
underneath the seats) if they suspect that you're armed (and you haven't told
them so). I know of no searches that have not been held up in the courts.
They apparently can legally search closed containers in your car, and don't
need a warrant to fully search your car if they have probable cause.
In my opinion, the best strategy is to maintain the role of "average
citizen" but to be a little more indignant if they want to do a search,
and to keep yourself legally covered. If they ask if they can search your
car, tell them "No. I won't consent to a search of my car without a
warrant." but as you say this, keep physically relaxed and keep your
movements slow. Say it reasonably, as if they're trying to make a big
deal out of nothing. When they ask why you're refusing their search, tell
them "I've been advised by an attorney never to consent to a search."
Give them a chance to back down gracefully, as if this were just a
harmless misunderstanding on their part, easily forgiven.
If they proceed anyway with the search, after you've tried all the
above, your last resort should be to say "If you search my car, without my
consent or without a warrant, I will file Federal criminal charges against
you for violating my civil rights under the color of law!" Say it and
mean it. Now, you are a pissed off, but still peaceable, citizen who's
about to be wronged. Yeah, it's a bluff, so you'd better say it like you
mean business ... but remember to refrain from any kind of threatening
posture! Be serious in intent, but cool and composed in bearing. It
might work. If it doesn't, then remain silent, and watch them without
getting in the way.
In public: If they want to search you, then say "I do not consent to being
searched." Always be clear about this, try to involve witnesses, and never
physically resist. If you ever try to resist, then they will use force ...
they always do. So, be relaxed, move slowly, and keep your hands out where
they can see them.
Tight situation: They conduct a search without your consent, and find
something. Almost anything you say at that point will hurt you. The best
thing you can do, and it is your Constitutional right, is to say "I want a
lawyer" and then keep your trap shut 'til you get one! Don't answer any of
their questions (except name, address, and age) if your lawyer isn't with you.
Worst case scenario: It's 3:30 am, ten cops break down your door and
they're yelling and pointing their guns at you ... freeze! Do not move a
muscle, and keep absolutely quiet for at least a count of 3! They'll
frisk you and start to tear your place apart. When they know you're
unarmed, then ask "Do you have a warrant? I do not consent to a search."
If they do have one, then read it and make damn sure that they can legally
do what they're doing. (Apparently their warrant doesn't need to be
signed to be valid, so long as a signed copy is on file). If the warrant
doesn't specify what they're doing right now, then say so and insist that
they stop (but don't try to physically stop them!). If they do not have a
warrant, then tell them that they must leave. If they don't, then call
the State Cops (237-7232) and FBI (231-1122), and report an incident of
trespass by the local cops and ask them to come and remove them. Get
your lawyer there as quickly as possible, if you can, and remember that
the more witnesses you have, the better ... there's always your
neighbors! If the cops arrest you, then they must give you a receipt for
everything they confiscate (wallet, clothing, packages, etc.), so I would
think that they must also give you one for whatever they take during the
search.
If they arrest you: Ask "Why am I under arrest?". They have to tell you.
After they book you, demand your two phone calls, at your expense: first to an
attorney, relative or employer, and second to a bailbondsman. If you can't
afford a lawyer, then demand that they provide you with one at no expense. Do
not let your lawyer enter a plea of "not guilty" before the arraignment (the
first trip to court where you will be formally charged, which by law has to
occur within 48 hours of your arrest, barring holidays and Sundays), because
that would automatically lock you into criminal proceedings, which is where
your dear lawyer will try to make his/her money. You should try like hell to
get your case dismissed before that arraignment! Your lawyer knows what to do,
and if s/he won't do it, then get one who will. If you can't get it dismissed,
then enter your "not guilty" plea at the arraignment and insist on a jury
trial, which will be expensive and difficult for the DA. Do not let your
lawyer waive the speedy trial time limits! (Which s/he might try to do so they
can charge you more money for "preparation", etc.) You don't want the
prosecution to have all the time in the world to build their case against you!
If you are adamant about all that, and if their case isn't strong, then they
might actually drop it! What the hell, it's worth a shot! If your case does
go to trial, then try like hell to get that jury informed about their inherent
right to judge the law itself, and to nullify it by letting you go, if they
think it's not fair or is totally ridiculous (like forcing you to go to prison
for a year for having 1.5 ounces of pot, or some equally obnoxious law).
Drills: Knowing what to say and do is great, but it's even better if you
get together with your friends and practice on each other, preferably in at
least two frames of mind. That way, if you're one on one with a cop,
you'll be ready to handle the situation.
More Advice...
Cops can follow you into your home or car if they're "in hot pursuit," and
they're allowed to search the immediate location when they do arrest you.
This makes it very important to not return home, or go to your car if
someone is trying to catch up with you to arrest you. If you let them
follow you home, and into your house, they can perform a "brief search" of
those places and anything they find is admissable.
Also...
its legitimate to be 1) sick 2) tired 3) in a hurry. the first two explain
that stoned look; the latter explains why you don't want to bother with a
search, if they don't have a warrant, even though you have nothing to
hide.
Spotting Narcs Officers
Of course you know that any narc worth its badge will lie to you if you ask
it if it's a narc.
If the narc is good at its job, you won't be able to tell it's a narc --
even _after_ you're busted.
HOWEVER: you should be concerned about people who ask to see your grow room
or ask you to perform illegal acts such as
1. scoring drugs for them.
2. telling them from whom they can score drugs.
Be concerned if the person seems unusually assertive or pushy. If the
person seems to know how to manipulate you into saying incriminating things,
or asks too many questions... be wary. If the person makes you nervous: bail
out -- at worst you're being overcautious, at best you preserved your freedom.
You should know that narcs *are* allowed to ingest illegal drugs, so just
because some guy smokes a doob' w/ you, it doesn't mean he's "cool".
There is a special case, with LSD (and presumably other psychotomimetics). It
has been suggested that if someone asks you for acid and you think he might be
a narc, tell him to "Open your mouth and close your eyes." The idea is that
someone who wants to trip, and trusts you enough to ask you to supply them,
should trust you enough to provide them with the appropriate dosage. But, so
the theory goes, a narc, knowing full well the ego bending (or disassociative
or psychotomimetic-- pick your fave term) effect of LSD will refuse the OYM&CYE
offer because he fears the possible loss of his self- censorship and the
subsequent possibility of outing himself.
There is some validity to this (for instance I'd be very surprised if a narc
would ever knowingly use LSD and xtc at the same time...) but there are some
major holes, too. In the case of LSD, the narc could simply absent himself from
the scene before the acid kicks in, or he could surreptitously counter-dose
himself with thorazine, a drug guarenteed to short circuit acid trips [although
the effects of thorazine should be fairly easy to discern].
Some other *possible* tip-offs include can include the wearing of fannypacks or
the presence of a small group of people dressed in very similar clothing,
moving as a unit. For instance, at Weedstock 92, they found a whole *nest* of
narcs. They looked like regular hempsters -- one even carried a hempstalk
walking stick (confiscated, no doubt, from some hapless WOD victim).
These narcs initially outed themselves by their incessant solicitation at the
event: going from campsite to campsite asking for shrooms, doses and herb.
Eventually one of the narcs was spotted by a guy who'd been busted by him in
another state. The organizers soon cordoned off these soulless, contemptable,
professional liars and confronted them, which was when their "uniform" became
apparent: several (3,4?) were wearing Arab-style headdress, and they were the
only ones at the event so dressed. They moved as a group, although their
separation was about 5~20 meters so the group was difficult to discern.
Apparently the headgear made it easier for the DEA spotters across the valley
to keep them under watch. They all wore fannypacks to, I believe.
As the first group of narcs was isolated, their backup materialized out of
nowhere, although to the casual observer they appeared to be interested
gawkers. They too were largely identifiable by a common apparel style, although
it was a little more subtle. One guy in particular, christened "the Snake", was
truly amazing-- he pulled off three or four costume changes in the span of
about 10 minutes! It seeemed like everytime someone blinked, he'd be in a
different style of dress; it took hours to track and eject him, i believe. So
be concerned about someone with multiple pairs of sunglasses, T-shirts, and
hats.
At another event, I witnessed a similar set of characteristics under slightly
different conditions: the Narcs outed themselves immediately upon arrival, on
purpose. I guess they didn't want to have to bust anyone. They were all
dressed essentially the same, carried fannypacks, wore the same color shirts,
hats and sunglasses and moved as an amorphous unit.
Unfortunately, this advice is mostly good only for public events, not small,
private encounters.
There is another type of narc that's a bitch to smoke out: the Babe. (called
the honeytrap in spy novels). Here's the secret of the honeytrap: there aren't
very many women involved in the scene, so women are welcomed fairly easily and
unquestioningly; stereotypically beautiful women even more so. It's a major
problem to deal with because it fucks up the sociology of the group. However,
there tends to be a correlation between the Babe's apparent "availability" and
"susceptability" and Narcness. If the female seems to be unattached and appears
to be seriously wasted and/or sexually available, but moves from group to
group -- especially if she implies scoring drugs will yield sexual favors --
watch out. I totally hate the honeytrap, it's extremely effective, and dealing
with it can very easily generate lots of misogynist fallout. I imagine the best
way to deal w/ this one is to look for her backup -- if you can find it -- and
to monitor a "wasted" woman very very carefully, but very very surreptitiously
and try to determine if she's really as wasted as she appears. lotsa luck. If
you're concerned, the best bet is to split from her presence. The honeytrap is
evil. But, Please, don't _assume_ that women are narcs.
Unfortunately, good narcs know all about this stuff and won't make mistakes.
And even more unfortunately, regular people can seem like narcs if you're
paranoid or they're clueless fools.
Of course, under NO circumstance should you ever threaten or harm a person you
suspect of narcitude. EVER. bad karma, bad move, ugly scene. While Narcs are
subhuman scum unworthy to dine on the contents of your bowels, you will get in
major legue trouble for fucking w/ them. Let them grow old and die of natural
causes without any intervention or harm from you and trust God to deal with
them in his own time. (If there's any justice in the universe they'll be
reincarnated as veal calves or drug-test monkeys.)
That's the tactics. The strategy is to keep your nose clean, don't deal,
traffic, or conspire or grow.
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