{"id":20964,"date":"2013-04-21T21:35:26","date_gmt":"2013-04-22T04:35:26","guid":{"rendered":"http:\/\/oooorgle.com\/BeyondTheCorral\/?p=20964"},"modified":"2015-04-20T17:23:18","modified_gmt":"2015-04-21T00:23:18","slug":"just-say-no-to-cops","status":"publish","type":"post","link":"https:\/\/oooorgle.com\/BeyondTheCorral\/just-say-no-to-cops\/","title":{"rendered":"Just Say No . . . To Cops"},"content":{"rendered":"

\"\"EricPetersAutos.com<\/a> | Few of us like to interact with cops \u2013 like scabies, they are best avoided entirely. But when do you have a choice<\/em> \u2013 and when don\u2019t<\/em> you have a choice about interacting with a costumed enforcer? When are you legally required<\/em> to identify yourself? To produce ID? Laws vary, state to state, but here are some general things to know:<\/p>\n

* The (so-called) \u201cconsensual\u201d interaction –<\/strong><\/p>\n

This generally applies to pedestrians and so on \u2013 people out in public, but not operating a motor vehicle<\/em>.<\/p>\n

A cop may\u00a0 \u2013 like anyone else \u2013 approach you at any time and ask you questions. He is not required to have \u201creasonable suspicion\u201d a crime has been committed \u2013 much less \u201cprobable cause\u201d suggesting that a crime has been committed.<\/p>\n

Most people \u2013 because they have been taught to defer to people wearing state-issued costumes \u2013 will answer a cop\u2019s questions, even though they would rather not \u2013 and probably would not have, if the person asking were just an ordinary citizen as opposed to a costumed enforcer. They feel pressured<\/em>. Some will show their IDs, if asked \u2013 and even grant permission to let the cop rifle through their possessions.<\/p>\n

Arguably, all of this is less than consensual<\/em>, real-world-wise, if not legally speaking. Because it can be intimidating to find yourself face to face with one of the state\u2019s costumed (and armed) enforcers. Absent the costume (and the gun) you might be inclined to tell the person to piss off and leave you the hell alone.<\/p>\n

However, you are not legally<\/em> obliged<\/em> to provide your ID, or even tell the cop your name \u2013 much less answer the cop\u2019s questions \u2013 if the encounter is \u201cconsensual.\u201d<\/em><\/p>\n

Unless the cop has some legally valid reason for detaining<\/em> you (more on this in a minute) you have every legal right to simply walk away. And that\u2019s how you determine whether the encounter is, in fact, consensual. By asking him<\/em> a question:\u00a0 Am I free to go<\/em>?<\/p>\n

The cop will either say yes \u2013 or no. If yes, that\u2019s it. Walk away<\/em>.<\/p>\n

If the answer is no, then you are being detained<\/em>.<\/p>\n

Very important:\u00a0 Always<\/em> ask the question \u2013 am I free to go<\/em>? \u2013 and get an answer. Because if you don\u2019t \u2013 and just walk away –\u00a0 the cop could claim later on that you \u201cignored a lawful order\u201d (or \u201cresisted\u201d) and might escalate the situation in a way you will not like.<\/p>\n

You want things crystal clear and openly stated \u2013 with no room for misinterpretation. If at all possible, turn on a recording device the moment you are faced with a costumed enforcer.<\/p>\n

* Detention (Terry stop) –<\/strong><\/p>\n

This is the step preceding<\/em> arrest. The cop has (or claims) a \u201creasonable suspicion\u201d that some specific violation of law has occurred (or is about to occur) and has temporarily<\/em> detained you for purposes of further investigation. As a practical matter, all traffic stops are Terry stops<\/a> \u2013 named after a landmark Supreme Court case.<\/p>\n

While you still do not have to answer any questions<\/em> (Fifth Amendment) in several states you are legally obligated to state your name if asked and (if you are operating a motor vehicle) provide a driver\u2019s license verifying your identity. In some situations \u2013 state laws and circumstances vary \u2013 the cop may demand that you exit your vehicle and pat you down\/perform a cursory search of your vehicle.<\/p>\n

Even so, you should always clearly state that you do not consent<\/em> to any searches. This may help you in court if it is determined the stop itself was not legally justified.<\/p>\n

Also: You are not legally obligated to carry a government ID on your person if you are not<\/em> operating a motor vehicle on public roads \u2013 e.g., walking down the street.<\/p>\n

Having stated your name \u2013 or provided your ID, if in a motor vehicle \u2013 you should once again ask: Am I free to go<\/em>?<\/p>\n

Now it is up to the cop whether to proceed to the next step \u2013 arresting you.<\/p>\n

* Arrest –<\/strong><\/p>\n

Arrest means you have been\u00a0 formally charged with an offense \u2013 and are being taken into custody<\/em>.<\/p>\n

Probable cause<\/em> that a specific crime has been committed is the legal standard here. Usually, the cop will literally say, \u201cyou are under arrest\u201d \u2013 and then cuff you. Once formally arrested, the cop has the legal authority to thoroughly search your person as well as any belongings and your vehicle, etc. Even so, do not give<\/em> consent \u2013 unless you wish to consent to a search.<\/p>\n

If the cop tells you he\u2019s arresting you, ask him to specify the charge(s) and then zip it. Nothing you say to the cop at this point will result in him taking off the cuffs (much less letting you go on your way). Once formally charged and arrested, you will<\/em> be taken into custody.\u00a0 If the cop tries to question you further, tell him \u2013 politely \u2013 that you won\u2019t be answering any questions.<\/p>\n

Repeat, if need be.<\/p>\n

If the cop won\u2019t say \u201cyou are under arrest\u201d \u2013 and has not handcuffed you \u2013 continue to ask: Am I free to go<\/em>? Repeat this until you are either allowed to proceed on your way or taken into custody.<\/p>\n

By Eric Peters<\/p>\n","protected":false},"excerpt":{"rendered":"

EricPetersAutos.com | Few of us like to interact with cops \u2013 like scabies, they are best avoided entirely. But when do you have a choice \u2013 and when don\u2019t you have a choice about interacting with a costumed enforcer? When are you legally required to identify yourself? To produce ID? Laws vary, state to state, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[294],"tags":[1261,399,1259,1091,276,36,491,1260],"class_list":["post-20964","post","type-post","status-publish","format-standard","hentry","category-article","tag-arrest","tag-consent","tag-detention","tag-filming-police","tag-legal","tag-police-state","tag-recording-police","tag-terry-stop"],"_links":{"self":[{"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/posts\/20964","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/comments?post=20964"}],"version-history":[{"count":0,"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/posts\/20964\/revisions"}],"wp:attachment":[{"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/media?parent=20964"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/categories?post=20964"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/tags?post=20964"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}