← Autodidact Archive · Original Dissent · Howard Campbell, Jr.
Thread ID: 17469 | Posts: 2 | Started: 2005-03-23
2005-03-23 06:30 | User Profile
"I have nothing to say until I speak with my attorney"
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; compaining will just remind the officer to write something better on his report.
Never resist physically! Don't run from the police or resist, even if you believe you are innocent. Don't even touch a police officer.
Remember, you never have to answer any questions. Aything you say WILL be used against you. In Texas, you must give them your name, date of birth, and address, however. What you say to the police is important. It can give the police an excuse to arrest you.
Remember the names and badge numbers of the officers involved if you can.
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!
If given a ticket, sign it; you can be arrested for failing to do so. The proper place to fight a ticket is in court.
Your license can be suspended if you refuse to take a breath test if you are stopped for suspected drunk driving.
If the police arrest you...
Ask if you are under arrest. If you are, you have a right to know why. You may be handcuffed, searched, photographed and fingerprinted.
If during a search or an arrest the police take anything from you, they must give you a receipt for every item seized, including your wallet and its contents, clothes, and any packages you were carrying when arrested.
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.
Do not talk to the inmates in jail about your case.
If you're on probation or parole, tell your P.O. you've been arrested, but nothing else.
If you are arrested for a jailable offense and you cannot afford a lawyer, you have the right to a public defender. If you raise bail this right might be taken from you.
Within a reasonable time after your arrest, or booking, you have the right to make a local phone call: to a lawyer, bail bondsman, a relative or any other person. The police may not listen to the call to the lawyer.
You may be released with or without bail following the booking. If not, you have the right to go into court and see a judge the next court day after your arrest. Demand this right. When you appear before the judge, ask for an attorney.
If the police come to your home...
If the police knock and ask to enter your home, you don't have to admit them unless they have a warrant signed by a judge. However, in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant.
Remember, there are NO "simple questions". Unless they are investigating a traffic accident, you can be sure that they want information about someone.
Rule number one to remember when confronted by the authorities is that there is NO law requiring you to talk to anyone. Even the simplest questions may be loaded.
DO NOT INVITE THE INVESTIGATOR INTO YOUR HOME! Such an invitation not only gives him the opportunity to look around for clues to your lifestyle, friends, reading material, etc; but also tends to prolong the conversation.
Never open your door to an officer. They can shove their way in. Don't open your door with the chain-lock on, either. Police are known to kick in doors. Either shout "I have nothing to say," through the door or go ouside quickly (maybe through a back door)and lock the door behind you.
NEVER agree to go to the police station for questioning. Simply say, "I have nothing to say."
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.
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 home
2005-03-23 11:51 | User Profile
Here's another tip Howard. If your carrying a licensed (or unlicensed!) concealed carry in your car or on your person, make sure you tell the officer immediately.
'We live in an age where the ridicule of Blacks is forbidden, where anti-Semitism is punishable by political death, but where Christian bashing is a popular indoor sport; and films mocking Jesus Christ are considered avant-garde' ~Pat Buchanan~