I do not consent to a search!

[BA]

"I do not consent to a search;
Am I free to go?;
I want a lawyer."

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. Check it out 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.


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.


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: If you get pulled over, it may be best to grab your license and registration, get out of the car, lock the door behind you, and walk to the area between the two cars, and get ready to play the Good Citizen Game.

EDIT: This tip can lead to dangerous situations and is not advised for the USA. Getting out of the car may lead to shooting incidents.

Be friendly, but not "too" friendly, be at ease, and talk to the person behind the badge. That way you're totally covered, they won't have an easy excuse to look through your windows, and they'll think that you're an average citizen ready to be admonished for some minor traffic violation. If they do decide to search your car, then they will do so, since apparently they don't need a search warrant if they have probable cause ... so fer Chrisake don't keep a joint sitting in your ashtray! Of course, you should tell them "I do not consent to a search", just so you're covered. When they ask why you're refusing their search, and if you feel you gotta say something, then say "I've been advised by an attorney never to consent to a search." It's magic.



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. 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 Police and FBI , and report an incident of trespass by the local police 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.


How you can help fight: Register to vote (preferably in a sympathetic group such as the Libertarian Party, which supports the legalization of drugs), for then you become eligible to serve on a jury and to use your right of nullification to free a brother or sister. Join NORML and get wise! Copy this pamphlet, give it to your friends, and help spread this, our only means of defense. And, most of all, be a good and conscientious person ... nothing is more devastating to the "War on Druggie" types than to show the world that these assholes are persecuting some of the best people. Make 'em think.

Reputation Comments on this post:

	good info, thanks
	Nice, informative topic
	Awesome!
	excellent post, very important and informative for all citizens to know

[Insane Asian]

god i read all of the topics u made about this law stuff and it was very very useful. i sent a copy of all 3 of the posts combined to everyone i know that would need it. very very good topic thanks a lot for the info EVERYONE READ THESE TOPICS DONT BE LAZY CAUSE THEY ARE LONG THEY ARE VERY INFORMATIVE.

[Thegreatone]

good info cops are trickey bastards





(I would think that they must also give you one for whatever they take during the search.) yes they do at least in pa. it will say something like 2lbs of weed in 4 plastic bags.

[Police Officer]

Originally Posted by Thegreatone

good info cops are trickey bastards.

Yes, we are.

[x cynic x]

Originally Posted by Police Officer

Yes, we are.

Why go any further than enforce laws? Just do your god damn job and dont try to screw innocent people over to fill up a quota.

Reputation Comments on this post:

Quotas arent real. You are spreading a myth

[Police Officer]

Originally Posted by x cynic x

...to fill up a quota.

Quota's reguarding arrests/drug arrests/seizures/citations are things you hear about on MSNBC or CNN. They arent real. Urban myths. This is universally true in the United States. I know no one agrees with me. But if you disagree you are wrong. If you think you are right then show me one Police Department that does. And make sure you have the name of the Department, and the city/county and state because I will call them and confirm that you are wrong.

Originally Posted by IntrepidTraveler

I think a large portion of the men in women in law enforcement are only there because they were not smart enough/thrifty enough/ballsy enough to go the opposite route and live a life of crime. Very few, in my view, join the police force because of their general regard for upholding the law.

You are saying that Cops become Cops because they arent smart or brave enough to be career criminals? Wow. That is absolutely the most rediculous thing that I have ever heard. Seriously. And believe me, I have heard some geeked up stuff.

And from your point of view...right. What do you do for a living?

[x cynic x]

Originally Posted by Police Officer

Quota's reguarding arrests/drug arrests/seizures/citations are things you hear about on MSNBC or CNN. They arent real. Urban myths. This is universally true in the United States. I know no one agrees with me. But if you disagree you are wrong. If you think you are right then show me one Police Department that does. And make sure you have the name of the Department, and the city/county and state because I will call them and confirm that you are wrong.

They exist, know matter how unintelligent you are.

http://www.wlwt.com/health/5298686/detail.html
CINCINNATI -- Vincent George has been putting on his Cincinnati police officer uniform for seven years -- he's even received awards for his beat work -- but he's been placed on overnight desk duty ever since he filed a grievance, News 5's John London reported. George filed the grievance over what he said is punishment for not meeting quotas his supervisor, Lt. Anthony Carter, laid out for all third-relief workers, London reported."The lieutenant has, in his mind, come up with these numbers he feels we can accomplish, and if you don't make them, he has his consequences," George said. "I didn't join (the police force) to become a predator that goes out and sits on a corner where a light is and watch people run red lights."

But seriously, without some sort of system, how would police be paid to do their job? What are they paid for? Throwing charges at people, the more the better. Dont tell me you never see hundreds of officers sitting on the highways at the end of the month, tryin to raise their figures at the last moment. Makes sense.

[IntrepidTraveler]

Originally Posted by Police Officer

And from your point of view...right. What do you do for a living?

I'm currently a student, an undergraduate double majoring in math and philosophy. Does this discredit my point of view? I think your response actually highlights the point I was trying to make--police officers are police officers because it's HOW THEY MAKE THEIR LIVING. They were not born saints who came to this world to serve and protect, they're just average blokes punching in, punching out and trying to make the rent. They're no better or worse than anyone, no matter what the government lets them get away with.

[edgien]

Amen Brother....drug task force officers are like stormtroopers with badges and to say cops are trickey bastards is a vast understatement, they are nothing short of criminal bastards....

[davidBuster23]

Reading all of the posts in this forum over the past few days, I'm amazed at the lack of knowledge that some people have about legal matters. brokenarrow and probably a few others have provided some great and immensely valuable information, but they are things that everyone should have alreadymade a point of knowing -- especially those of us who may or may not be involved in the occasional illegal activity.


I'm glad that this place is here and that there are people like brokenarrow willing to take the time to spread the good word.


Remember -- law enforcement officials have very few weaknesses, but one of them is a suspect who has the knowledge and confidence to demand his or her rights.

[jrock0069]

I hate cops who think their above the law. Anybody remember those kids in school who didn't have any friends, couldn't get laid and got picked on all the time? Well, those are the kids who grow up to be asshole cops seeking revenge on the common civilian for living life to the fullest. "May they die of gonorhea and rot in hell"


Edited by: jrock0069

[fryingsquirrel]

Originally Posted by hoodabudda

if swiy refuse a search on your car they call out the dog. now swim would rather have a pig with an IQ of 71 goin through swims stuff than the dog.who would be more likely to point out a hollow shaving cream can full of ganja

Assuming it will fit, that's why the dope should at this point be in you, not your car. Once when ask permission for a search (I had nothing anyway, so it was sorta fun) I refused. When asked why I said "Because alot of brave men died so I didn't have to." He stood there for quite awhile with this dumb look on his face, then finally gave me my ticket and sent us on our way.

[Muirner]

Very good post BA , what you say is completly true... My only objection is the part about on the road. If you get out of your car in the US and lock your doors behind you i have a feeling not only will the cop be freaking out, but you will also be suspicious because you locked your doors... I'd say sit in your car and play good citizen from there


But other then that you post what happens, and you cover it all in great details again


Muirner

[hippie_lain]

This is all great. My brother knows all this stuff and is always sure to inform me(even though hes a square...still a cool guy). But one thing that i didnt see is ALWAYS take down there badge number. It makes them scared and show you have knowledge...most likely more than you have. Once I asked for a badge number and i sherif almost broke my risk. Be careful on "instisting" your rights. Some cops wont take shit and they will get away with it most of the time.


Knowledge=Power, read up

[Muirner]

Hippy, your brother is right, but be careful insisting a badge number also, i've found that talking works the best, true knowledge is power and in a pull over situation it's nice to know what's going on. I've always been to scared to ask for a badge number, and i know if i get a ticket then i'll have the # and if not then i dont have to worry. As nice as it is to know, the more you "know" infront of a police officer can be taken as being rude if it's in the wrong tone..




Muirner

[rhubes]

Here is a website with more legal info. There is a forum on this site, and there is a section for criminal law and another subsection for drugs.http://criminal-law.freeadvice.com/ There are some real assholes on the forum, but I have learned some things.

[FrankenChrist]

http://www.flexyourrights.com/index.html

This video also explains things.Edited by: FrankenChrist

[sp12]

Check your county police force to see if they have a citizen deputization
program.

A badge in you wallet looks nice, shows an imposing officer that your in
the fraternity. Some counties give better arms ownership rights to LEO.
Some don't even do background checks.

This might be a southern thing, but look into it.

[wgoff]

im not sure how far this would get you....but i was told by an ex prosecuting attorney that if you are pulled over for a dui...and you know that you are drunk.... that you can refuse the sobriety test and breathlizer... they tell you that you are admitting guilt by not complying but this isnt true...it is one of their tactics.... i forget where in the constitution it states that....but you do not have to self incriminate yourself in anyway.... it is up to the police officer to prove you are drunk.... if you refuse the breathlizer and field sobriety test...yes you will be arrested...(for resisting arrest) and also dui...but with a good lawyer i was told almost all of the times you will get off with resisting arrest (misdemeanor) vs the dui (felony)... the only draw back to that is.... it will get you arrested EVERY time you refuse....i have been pulled over for dui several times and being just slightly over the limit i have been let go with a warning and told to go immediately home....i could have gotten a dui all 3 times...but got nothing out of it.....if i had refused the sobreity test i would have gotten arrested for resisting arrest all 3 times.... so all depends on your luck with police officers in your area....if you get pulled over and know for a fact you are going to get a dui and not let off.....try refusing to take it...dont even speak to the police officer.... wait until you go before the magistrate and have your attorney give them a reason for why you didnt take it

[wgoff]

oh also on the refusal to allow to search....you can refuse to allow your vehicle to be searched....but if there is something illegal in plain view and they see it obviously they are allowed to search your vehicle.... same goes with if while they are pulling you over...if they see you stuffing things under the backs of your seats or in the glove box they are allowed to search (where they see you stuffing things) which allows them to illegally search your vehicle if they suspect anything....all they have to say is *sir i seen you stuffing something in your glove box and under your seats as i was pulling you over...step out of the car* even if you werent.... so always remember to keep anything illegal in the trunk of your car if you are transporting it.....its kind of hard for a police officer to say * i seen you putting things in the trunk of your car as i was pulling you over*.... refuse the search...say you feel it is a violation of your rights ... and every time you are searched and nothing is found and you refused....call and bitch out everyone in that police officer chain of command at least a dozen times wanting to know what is going to be done about this.....it wont do any good and no one will get fired...but after you cuss the sherriff a dozen times....the shit eventually rolls downhill and he will tell deputy fife to stop harrassing citizens because he is tired of your phone calls....this may not help you any but it will help the next person down the line.....if enough people did this it would put law enforcement in check to the point where they would just do their job and not abuse their powers

[Muirner]

Originally Posted by wgoff

so always remember to keep anything illegal in the trunk of your car if you are transporting it.....its kind of hard for a police officer to say * i seen you putting things in the trunk of your car as i was pulling you over*.... refuse the search...say you feel it is a violation of your rights ... and every time you are searched and nothing is found and you refused....

I learned something in jail when i was there recently. It dosent matter if you have your glove box locked and the drugs in your car and nothing is visable. The new homland security laws allow them to go through your car because of "suspected contraband". So no longer does throwing your shit in the trunk work... and also if your local police station has a K-9... hiding drugs becomes that much harder


Muirner

[mmilam]

Originally Posted by BA

<CENTER>




On the road: If you get pulled over, it may be best to grab your license and registration, get out of the car, lock the door behind you, and walk to the area between the two cars, and get ready to play the Good Citizen Game. Be friendly, but not "too" friendly, be at ease, and talk to the person behind the badge. That way you're totally covered, they won't have an easy excuse to look through your windows, and they'll think that you're an average citizen ready to be admonished for some minor traffic violation. If they do decide to search your car, then they will do so, since apparently they don't need a search warrant if they have probable cause ... so fer Chrisake don't keep a joint sitting in your ashtray! Of course, you should tell them "I do not consent to a search", just so you're covered. When they ask why you're refusing their search, and if you feel you gotta say something, then say "I've been advised by an attorney never to consent to a search." It's magic.

ok first of all, ive been pulled over many many many many times, just because local police in my small town know my face and who i am.

good thing about getting out of your car and locking the door, well, this doesnt work all the time.
Many many many times, when i try to get out of my car, the cops yell on the loud speaker, "DRIVER! please stay in your vehicle. Do not get out!"

so that sort of screws u up a bit.
Also, when you try and lock your door. you obviously have to take your keys with you. Well, the other night i locked my door and got out, because they pulled me over as i was pulling into my driveway. literrally, the cop parked behind me in my driveway. 5 seconds later my street had 5 cop cars with thier lights on standing in my driveway. They wouldnt let me go inside.

Well as they patted me down, they searched my pockets and found my keys, which has a little remote control attached to it to unlock and lock your car.
Well "supposbly, when the cop took my keys out my pocket, he "accidently" hit the trunk button and my trunk popped open, then they searched the trunk because it was open, yet, they didnt search the inside of my car, luckily because i had a .38 hidden in my sunroof. they did use flashlights to look through the windows, but if it was during the day, then they would have definitly seen the .38. im going to have to get the sunroof tinted. because under the sunroof is a sliding door that you pull underneaght the sunroof to keep the sun from getting in your car. so i hid the .38 between the sliding door and the sunroof. well, they didnt end up giving me a ticket, they just wanted to harrass me, and luckily i had my work shirt on and proved to them i was working overtime and just got off work.

But thats a situation that is not in your article that i wanted to add.

[Calvin]

if a police dog signals that are drugs in your car that is probable cause and the officer can search you!!!!!!!!!!


I don't think this is very good advice actually.... getting out of your car and approaching the cruiser is very out of the norm as far as traffic stops go. If you were pulled over it is for 1 of 3 reasons:

1. there is a warrent out for the owner of the car you are driving.
2. you commited a a traffic violation
3. you have a strong profile of a drug user/dealer

I suggest responding exclusivly to the reason you were pulled over. put all drug related things out of sight, and remain in your vehicle. ask why you were pulled over when teh officer aproachs you, and even try to wiggle out of any kind of traffic violation you were pulled over for

If you keep saying " I don't permit to search" every 5 sentances it really does give the police officer reasonable suspicion, and he can hold you untill a cop with a dog comes to sniff at your vehicle. This dog doesn't even need to really smell weed. officers can get their dogs to signal even with out a suspisious odor.


Point: a determined cop can get into your vehical LEGALLY no matter what actions you take. Your best bet is to be the typical traffic stop, and be nice.

[katukulysm]

On the road: If you get pulled over, it may be best to grab your license and registration, get out of the car, lock the door behind you, and walk to the area between the two cars, and get ready to play the Good Citizen Game.


most of the time if you get out of your car like that then your asking for it. usually a cop will either pull out his gun, tell you to stop right there, or try to tell you that is illegal or something. it wont work where swik is at. the cops here are dicks.

[Veteran Joker]

All good stuff if swim vists the states, but what about English law, does someone in England have the right deny search consent?