From: machman@milton.u.washington.edu (The Machman)
Newsgroups: alt.drugs,talk.politics.drugs
Subject: Re: What to do when faced with the cops
Date: 27 Oct 91 01:25:46 GMT

the following is text from a wallet-sized brochure provided by the ACLU 
of Washington (state). boldface is indicated *thus*. (note: i do not
represent the ACLU of Washington State, and some of this material may be
out of date.)

YOUR RIGHTS AND THE POLICE

 What you say to the police is always important. What you say can be used
against you, and it can give the police an excuse to arrest you, especially
if you speak disrespectfully to a police officer.

 You do not have to answer to a police officer's questions, but you must 
show your driver's license and registration when stopped in a car. In other
situations, you cannot be legally arrested for refusing to identify yourself
to a police officer.

 You do not have to give your consent to any search of yourself, your car,
or your house; if you *do* consent to a search it can affect your rights
later in court. If the police say they have a search warrant, ask to see it.

 Do not interfere with, or obstruct, the police---you can be arrested for it.


IF YOU ARE STOPPED BY THE POLICE

 1. You may remain silent. You do not have to answer any questions,
including your name, age, and address, or show any I.D. unless you are 
operating a car or are in a place where liquor is served. However, it is
*advisable* to provide basic information such as name and address, but
*nothing else*, if the police so request.

 2. Ask if you are under arrest. If so, you have the right to know why.
If you are not under arrest, you should be free to leave. *Never* run from
a police officer.

 3. Do not physically resist. The police may frisk you for weapons by patting
the outside of your clothing, but nothing more. Make it clear that you do not
agree to any search. If searched, do not resist.


IF YOU ARE STOPPED IN A CAR

 1. Show your driver's license and registration upon request. Your car can
in certain cases be searched without a warrant so long as the police have
probable cause. To protect yourself later, you should make it clear that
you do not consent to a search.

 2. If you are given a ticket, you should sign it; otherwise you can be
arrested. You can always fight the case in court later.

 3. If you are suspected of drunken driving and refuse a breath test, your
driving license can be suspended.


IF YOU ARE ARRESTED

 1. Whether or not you are guilty, go with the officer. You can make your
defense in court. 

 2. You have the right to remain silent; use it. Tell the police nothing
except your name, age and address. Don't give explanations or stories or
try to excuse your conduct.

 3. Ask to talk to a lawyer at once. You can do so by phone right after being
taken into custody. If you are arrested for a jailable offense and you can't
pay for a lawyer, you have the right to a free one. Don't talk to the police
until your lawyer is present.

 4. If the police say they have a warrant, ask to see it. Whether or not
the police have a warrant to search you or your property, you can protect
your rights by making it clear that you do not agree to any search. Do not
physically resist if the police continue their search.

 5. The police must give you a receipt for everything taken from you, 
including your wallet and its contents, clothing, and any packages you were
carrying when arrested.

 6. If you do not speak English and do not understand the charges against
you, continue to follow the police through their procedures. Washington
State law does *not* require a translator to be provided for you at the time
of your arrest. When you arrive in court, a translator will be provided.
Do not state anything other than your name and address through the translator
until you have an attorney present.

 7. You may be released with or without bail following booking. If not you
have the right to go into court and see a judge the next *court* day after
arrest. [Has the Supreme Court recently extended this to 48 hrs.?] Demand 
this right. When you appear before the judge ask for an attorney.

 8. Don't make any decisions in your case until you have talked to a lawyer.

*This is not complete advice. Be sure to consult a lawyer.*

this card is available in English, Spanish, and Vietnamese. Additional
copies are $5 per 50.

ACLU of Washington / 705 2nd Avenue, Rm. 300 / Seattle, WA 98104 /
(206)624-2180

**********

From: SD_NORML.usenet@ucsd.edu
Date: 5 May 92 11:55:39 GMT
Newsgroups: talk.politics.drugs,alt.drugs,misc.legal,alt.society.civil-liberty,alt.activism
Subject: Proposed FAQ: "What to say to the cops" (longish)

Last month I posted the article below to the net with a request for comments,
and several of you replied (thank you!). I then forwarded your commments
to the author who made some changes to the article, including a major 
change on what to do when you're on the road (congrats, netfolk!). 

It was pointed out by one of you that the practices suggested in the article
are geared towards being safe, rather than the potentially dangerous practice
of asserting *all* of your rights (such as forcibly evicting "trespassing 
cops"). Keep that in mind as you read the article. Also keep in mind that 
the article is tailored for San Diego, so the phone numbers and contacts will
be different for your area. There will also be regional differences in the
attitudes and procedures of the police ... so we recommend that you edit the
article to tailor it for _your_ area before distributing copies.

Given the effort that has been put into the article, perhaps it should be
included in a FAQ, or turned into one. I can keep a copy online, but can't
promise to maintain it regularly, or to reformat it into "standard FAQ form"
If there are any eager volunteers, you're welcome to the task. Otherwise 
I'll just try to remember to post it monthly, in its present form.
(Should it only be posted to talk.politics.drugs?)

Given the recent events regarding the Rodney King trial and its aftermath,
perhaps now would be a good time to go over this article with a fine tooth
comb and post critiques, suggestions and comments on this topic. I'll
collect them and forward them to the author, no guarantee though on when
changes will be made! As important contributions are made, I will tack
them onto the end of the article until such time as the author can make a
more elegant revision.

Please direct follow-ups and comments to: "talk.politics.drugs"
(Please send no email, this site doesn't receive it. sigh)

BTW -- Happy Cinco de Mayo!

------------------------------ Cut here --------------------------------
~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.
  The more adventurous of you will go through this entire process even though
you're not carrying any contraband! Why? To waste their time. We want to
help them waste their time, money and resources in wild goose chases, and 
to lead them into dead ends. The more we can do that, the more worthless
the Prohibition will appear.


  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 Police (237-7232) and 
FBI (231-1122), 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.

  Additional materials: "If You Are Arrested" wallet-sized card (ACLU,
633 South Shatto Place, L.A., CA 90005); "Officer, Please Understand ..."
wallet-sized card (People Against Police Brutality, 1380 Garnet Ave.,
Suite E-98, San Diego CA 92109, 271-9391 or 281-1066); Fully Informed Jury
Association (local rep: Jim Lorenz, San Diego, CA, 282-4778). "The Speeder's 
Guide to Avoiding Tickets" (book, I don't know where to get it).

  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.
------------------------------ Cut here --------------------------------
-- 
San Diego County NORML. snail mail: PO Box 171396, San Diego CA 92197
phones:   (619) 281-8586 or 571-0088.        no email (yet).
Disclaimer: The opinions represented above have no official relationship
       to those expressed in the policies of UCSD.

From: hibbert@xanadu.com (Chris Hibbert)
Date: 6 May 92 19:51:41 GMT
Newsgroups: talk.politics.drugs
Subject: Re: Proposed FAQ: "What to say to the cops"


This is a pretty good as far as I can tell. [I am certainly no
lawyer.] The reference I've been using recently on the subject is
"The Outlaw's Bible" by E.X. Boozhie. The most important thing from
the book that wasn't covered in the article was that 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.

The book and lots of other things about privacy and related things is
available from Loompanics Unlimited for $14.95 (+ $3 P&H). Their
address is:

  Loompanics Unlimites
  PO Box 1197
  Port Townsend, WA 98368

They have a 250 page catalogue they'll send you for $5. 

Chris
-- 
hibbert@xanadu.com           AMIX:  CHibbert
uunet!xanadu!hibbert          MCIMail: CHibbert

From: honig@siam.ics.uci.edu (David A. Honig)
Date: 6 May 92 22:34:00 GMT
Newsgroups: talk.politics.drugs
Subject: Re: Proposed FAQ: "What to say to the cops" (longish)

Excellent article. I would add:

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 witha search, if they don't have a warrant,
even though you have nothing to hide.

--
David A. Honig

"For sale: one southwestern metropolis, sold as is. Incl. new police chief
and plenty of newly open space..."

From: jduncan@willamette.edu (Jack Duncan)
Date: Thu, 7 May 1992 19:21:37 GMT
Newsgroups: alt.drugs
Subject: true story regarding your rights FAQ


this is a true story!

i just got done reading the FAQ thing on what to do if you are arrested,
stopped etc. what the man said is basically correct. the following is a
story demonstrating the use of your rights...as i have already stated this
story is scary, but true.

i have several friends who live together in a house here in salem, oregon.
one day, while only one of them was home, a man came to the door and knocked. 
when my friend answered the door it was a person dressed like a mailman. he
said "i am your mailman and forgot to deliver this package when i came by
earlier, so here it is." he proceeded to hand a package to my friend (note
the man was wearing rubber gloves, although my friend did not notice this). 
this anomoly did not seem to bother my friend who accepted the package and
took it inside. it was addressed to one of his roommates, so he did not open
the package. a couple of minutes later, the door was thrown open and several
men (like a dozen plus) came pouring into the house with guns screaming and
yelling at my friend. he was instructed to get on the floor and was
handcuffed etc. once the police had secured the premises they got him up and
put him in a chair and proceeded to ask him questions about the package. it
was from amsterdam and contained 32 grams of hashish. they opened the package
and showed him the contents. they tore (literally) apart the house
confiscating various bongs, pipes etc. mainly they concentrated their search
on the room of the addressee. in fact they didn't even take several bongs and
pipes from the other rooms of the house. my friend that was being questioned,
rather than just shutting up began to explain why a package of hash had just
arrived. he did this after they threatened to arrest him. it turns out later
that this was utter bullshit and that they scared him into answering
questions. they also scared him into signing a statement. at this point it
is looking like an open and shut job for the cops, all they need is the person
whose name is on the package. they finally leave the scene and tell my friend
to have his roommate turn himself in before tomorrow or they will come and get
him. to make a long story short, my friend contacted a lawyer before turning
himself in. the person that had answered the questions was called in to
testify, but also got a lawyer who instructed him to take the 5th. without
his testimony, the DA was hard pressed to prove that the package was indeed
expected and was not just a random package of hash. the lack of scales, large
bags or bud etc. damaged their original intention of pressing dealing charges
against the offender. in the long run, the case was dismissed because my
friends got legal counsel. the moral of this story...always keep your mouth
shut. don't try to resist, just wait to talk to a lawyer. there is only so
much that the police can do to you. this case looked like a sure winner in
court, but with for a mere $1500 and 32 grams of hash the case was dismissed. 


KNOW YOUR RIGHTS, and exercise them when confronted by authorities. never say
anything without knowing exactly the consequences. it is better to be hauled
to jail for a couple of hours and get a lawyer than to spill the beans as
soon as the cops bust your door down. the other moral...never have 32 grams
of hash mailed to you from amsterdam....

live and learn.

peace,

jack (jduncan@willamette.edu)

**********

Newsgroups: alt.society.civil-liberty,misc.legal,talk.politics.drugs
From: feustel@netcom.com (David Feustel)
Subject: If Stopped by the Cops
Date: Sun, 8 Aug 1993 19:43:09 GMT

The following is an my amplification of a previously printed article
about what to do if stopped by the cops. I updated the article to give
it to someone who recently had a run-in with some private security guards.
Any comments and/or flames are welcome.

I would particularly appreciate suggestions for what to do when stopped
by airport security and private security guards or when raided by DEA
or BATF agents since these situations were not addressed in the
original article but seem to be occurring more frequently as of late.

--------- WHAT TO DO IF YOU GET STOPPED BY THE POLICE ---------	
 
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 our 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 police stops and searches.
This article is based on how things are supposed to be "in theory." The
reality is that police 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 police 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. Cops are perhaps the most dangerous
members of our society, so be careful when you talk to them. David
Simon, a reporter for the Baltimore Sun in his book Homicide, p. 204-220,
shows how cops "trick" the ignorant into waiving right after
right. The basic strategy he rights about involves bombarding the
subject with so many questions that s/he doesn't think to say "I want to
talk to a lawyer and I don't want to answer any questions until I do."
Simon reports that cops follow the letter of the law, ignoring the
spirit. Thus a subject who says "Maybe I should get a lawyer" is met
with the response, "Maybe you should." Similarly: "Those few with heart
enough to ask whether they are under arrest are often answered with a
question: 'Why? Do you want to be?' -'No.' - 'Then sit the fuck down.'"
Cops are tricky. You have to be explicit in invoking your rights,
otherwise you "waive" them.
 
			 Preliminaries
 
First, make absolutely sure that you are in fact dealing with a
bona-fide police officer; Impersonation of Police officers by criminals
is an increasing problem. Ask for idenfication from any non-uniformed
person purporting to be a law enforcement officer. If, in a vehicle,
you have any doubts as to whether the people attempting to stop you
really are police (no flashing lightbar, no marked police car and/or no
police uniforms or identification) KEEP DRIVING at a safe speed to the
nearest police or fire station, open gas station or service plaza. If
it really is police there will be more police cars appearing very
shortly once you don't stop after the initial request to pull over. You
should stop immediately at the appearance of additional police cars. If
it is actually the police attempting to stop you, they will not be
pleased that you didn't stop immediately, but they should understand
your behavior and not hold it against you if you then deal with them
correctly.
 
Always keep your hands in plain sight and your arms at your sides when
dealing with a police officer. Make no sudden moves and speak in a
level, calm voice. Be very polite and to the point; insults and
invective may feel good, but can only make your situation (much) worse.
If you are stopped in your car at night, pull completely off the road,
turn off your engine, lock your doors, roll up all windows except the
driver's window and turn on the overhead light. Have your license,
registration and proof of insurance out for the officer when he
arrives at your vehicle. Your production of those items will be his
first request during a normal traffic stop. Do not get out of your car
unless told to.

When a police 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 police.
That is very bad. The result of such "consent" is that you won't have
various "rights" under the Constitution.
 
			   Contact
 
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 police 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 police! 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 police stop me and ask me a few questions now and then" the
police state will be on the march. Further, it will encourage the idea
that people who don't want to talk to the police 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.
 
			  Detentions
 
The next category of citizen/police contact is called a detention. The
police 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 police must have
observed something about your behavior and character that links you with
specific criminal activity. If the police 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 police 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 police. 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
"police 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 police'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 police will probably have SAF. There is nothing illegal about a
police 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
"police harassment" situations involve the police 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
police need a high level of suspicion of your involvement in criminal
activity. If you are arrested, the police can search you as part of the
arrest.
 
			  Searches
 
If the officer asks to search you without arresting you, you can say
"no." The police 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 police 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,
say no 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 and
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 police 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.
 
			   Arrest
 
Once you are under arrest, offer no physical resistance, volunteer
nothing and answer no questions. Nothing you can say will pevent your
being handcuffed and taken to the station for booking. Anything you say
can be used as evidence against you in court. Resistance to handcuffing
and any police actions/orders will get you an automatic "Resisting
Arrest" charge as well as any number of injuries as the police use
whatever force they deem necessary against you until you comply with their
directions. Your only response to any interrogation from the moment
that you are told that you are under arrest should be "I want a lawyer".
-- 
Dave Feustel N9MYI <feustel@netcom.com>

Debt Reduction, not deficit reduction

**********

Newsgroups: alt.society.civil-liberty,misc.legal,talk.politics.drugs
From: rss2d@poe.acc.Virginia.EDU (Randolph Stuart Sergent)
Subject: Car Searches (Was: If Stopped by the Cops)
Date: Fri, 13 Aug 1993 20:42:00 GMT

In article <1993Aug12.165150.14803@delfin.com>,
Cristina Ungstad Yu <cyu@delfin.com> wrote:
>kelvin@netwise.com (Kelvin Fedrick) writes:
>: Whoever posted the original should respond to the specifics here but in
>: general my understanding is that they can't without probable cause....
>: ...If you
>: are subsequently arrested I believe they will tow your car and obtain
>: the search warrent later and search it if you don't agree to the search.
>
>I'm not necessarily contradicting you, Kevin. But I'll throw this into the 
>mix. 
>
  [Text of 4th Amendment deleted.]
>
>I think this means that if they can't search the car, then can't seize it (by
>towing it) either. If that's not the case, we've got a problem.
>
>-Cristina

 Sadly, the Fourth Amendment is not particularly helpful or relevant in
determining when the police can search your car. While it is theoretically
the starting point of all search/seizure doctrine, the only way to know
what the cops can and can't do is to look at the case-law.

 I can give you an overview of the Supreme Ct's decisions on car
searches. Note that many state courts have broken with the Supreme Court
in recent years, and may give citizens more protection under the State
Constitution than under the Federal. In addition, in each area there are
different administrative or other guidelines to control police behavior. 
However, in general, I would expect the cops to make full use of the limits
of their constitutional powers.

 1) Search incident to arrest: _New York v. Belton_ , police have the
authority to search the passenger compartment of a car and any containers
in it if they are arresting someone recently in that car. _Belton_ said
that the police couldn't search the trunk without further justification,
but the cops could probably justify a trunk search under a different line
of cases.

 2) Inventory searches: Anytime the cops tow a car, they can search
the car and the contents of any containers inside of it, for inventory 
purposes. The justification is:
  1) to protect the suspect's property,
  2) protect the police from claims over lost or stolen property,
  3) protect the police from dangerous instrumentalities (bombs in the car, 
   etc.)
 The relevant cases are _South Dakota v. Opperman_ and _Colorado v. 
Bertine_. Note that even though this search is supposed to be for inventory
purposes, they can use any evidence or contraband they find when they get
you in court.

 3) Car Searches with probable cause: Under _Chambers v. Maroney_ and
_U.S. v. Carroll_, the police can search a car whenever they have probable
cause.  If the cops have probable cause, they can either do the search
immediately or tow the car to a police yard, and then do the search. Either
way, no warrant is required. The justification for this is that cars are
mobile, and thus the cops can't wait to get a warrant or the car might leave.
(I don't like this reasoning either).  However, later cases, such as
_Texas v. White_ and _California v. Carney_ show that the car doesn't need
to be in motion or stopped on the highway. The Carroll-Chambers rule will
apply to any car parked in a public place.

 There is a limited exception to this for a car parked on a private driveway.
Under _Coolidge v. New Hampshire_, the cops would need a warrant if the
car is on private property and there is plenty of time to obtain a warrant.

 4) Probable cause to search a single container in a car: Under
_California v. Acevedo_, the cops can search the entire car (including trunk)
whether they have probable cause for the whole car or just for a specific
container. As an illustration, if the cop smells marijuana outside your
car, s/he has probable cause to believe there is contraband somewhere in
the car. On the other hand, if you walk through the airport and the drug
dog sniffs your luggage, and finds contraband, and then you put the 
luggage in your trunk, the cop only has probable cause to believe there is 
contraband in your luggage. Under _Acevedo_ this is irrelevant, so the 
thinking cop won't arrest you until you get into your car, and they can 
search both the luggage AND your car.

 5) A "frisk" of your car: This is even more vague than the above rules.
To make you stop your car, the cops need a "reasonable articulable suspicion"
that you are either committing a crime or carrying contraband. Once you
have stopped the cops have per se authority to make you get out of the car
(meaning they don't have to justify such a request in any way). Then,
the cop can "frisk" your car for weapons, and any containers which might
contain a weapon, if they have "reasonable articulable suspicion" that
they might find one. The reasoning is that the cop is in danger,
and can search you to protect themselves. A "frisk" of a car is a cursory
inspection of locations likely to contain a weapon, analogous to a frisk of
a person. The Supreme Court has not defined "weapon" very narrowly, leaving
open the possibility that the cops can frisk your car if they see your 
softball bat on the back seat (This issue has not come up yet).

 Of course, if the cops happen to find an illegal weapon or contraband,
they become endowed with probable cause, and can then go on to perform a 
full search, or tow your car and search it later.

  Generally, I would say that with all of these doctrines allowing
car searches, the police would have to do something blatantly evil before
they would be unable to justify searching your car.

randy