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Suggestions regarding police interactions


DizRotus
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you know a statement like "that way" would generally escalate the situation...right?

Once when I was younger I had a blinged out car with a loud stereo and stayed out too late one time. Had a cop aggressively tailgate me all over the place. I actually missed my turn due to worrying about the cop so I pulled in a driveway. Well, the cop pulls in the next driveway over and just sits there and looks at me. We have a stare-off for several seconds while on two different people's property and I finally roll the window down, turn the interior lights on, and yell "WHAT?" at him. Well, surprise surprise, blue lights. This 350 pound cop comes waddling over.

Biggest thing he wanted to know? Where was I going.

Well officer, I'm going home.

But where's home?

Well it's on road such and such.

Well why are you on THIS road?

Well I missed my turn.

But why on earth did you miss your turn, it's clearly marked?

welll...

but...

well...

but...

Back and forth for a VERY long time, he was trying to catch me in something. You know what? It's none of their business. They are only on a fishing trip when they ask you this. There's no good answer. You have no obligation to tell them where you are going and I see no reason to do so. We can laugh at people trying to not let the police trample all over their rights, but there's a good chance that Philando is dead because he didn't flex his.

Edited by MetropolisLakeOutfitters
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That brings up a good point--If the police ask to search your car should you let them?

 

As an attorney and former prosecutor, my answer is YES.  A street interaction with a police officer is not the time to instruct the officer on the law.  If an officer asked for my phone or to search my car, I would politely ask if he/she has a warrant.  That said, I would not risk a physical altercation to avoid an illegal search of my car or seizure of the phone.  If your rights are violated you can address that later through proper channels.  If you're shot and killed by an angry officer, your opportunity to appeal is gone.

 

If you give them permission to search, your rights along with your ability to appeal is pretty much gone, no?  I don't see how you can give them permission then turn around and do what you're saying.  

 

 

I thought the same thing but noticed the nuance in his answer--There is a difference in saying "No, I'd rather you not," and physical confrontation.  I actually had this happen to me and  told the officer I was running late for work and had nothing he would be interested in--I held my ground and he let me go....The next day I went in and told the Chief of Police I thought it puzzling that his officer wanted to search my vehicle for no apparent reason. He apologized and told me something interesting about one of my neighbors. :huh:

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http://www.huffingtonpost.com/scott-morgan/5-reasons-you-should-neve_b_1292554.html

http://hwblaw.com/never-consent-to-a-search/

http://jayrameylaw.com/know-your-rights/

"1. NEVER grant permission to the police (or anyone else) to search your house, car, bags/luggage, person or any other property.

2. During a traffic stop, do not answer questions that are not related to the stop, such as where are you coming from or where you are going, if you are carrying large sums of cash, where your work, or what the purpose of your travel is. If the officer persists with these questions, tell him you want to speak with your attorney. If the officer tells you that you are free to go, then LEAVE. Do not agree to stay and answer more questions."

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I thought the same thing but noticed the nuance in his answer--There is a difference in saying "No, I'd rather you not," and physical confrontation.

You could take it two different ways. I still think that saying "I do not consent to a search, but I will not resist" is the best answer. Read one way, it seems that he is agreeing with this. Read another, it almost sounds like he is saying to give them permission to search.

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I thought the same thing but noticed the nuance in his answer--There is a difference in saying "No, I'd rather you not," and physical confrontation.

You could take it two different ways. I still think that saying "I do not consent to a search, but I will not resist" is the best answer. Read one way, it seems that he is agreeing with this. Read another, it almost sounds like he is saying to give them permission to search.

 

 

I got that--That said, my guess is the counselor was talking about himself and not a client who may have his stash in the vehicle. 

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Once I went to buy a chess set, one of the more fancy ones.  I lived in a well to do neighborhood near the shopping area.  Being a new resident, I did not think much about it.  After going in several stores I left to go home.  As soon as I got to my car, 5 police cars surrounded me.  I politely ask what is wrong.  They said a suspicious person was sighted in some of the stores.  I told them that I had not seen such a person, lol.  Being a person of color, I immediately new the suspicious person was me.  Color can make a huge difference is some communities.  I was asked a couple of question and left to go on my merry way.

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That brings up a good point--If the police ask to search your car should you let them?

Sure, in a heartbeat.  It doesn't hurt my feelings at all.

 

They search my car, say "thank you very much for your cooperation" then smiles all around and I am sent on my way freeing the cops up to look for bad guys.

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That brings up a good point--If the police ask to search your car should you let them?

Sure, in a heartbeat.  It doesn't hurt my feelings at all.

 

They search my car, say "thank you very much for your cooperation" then smiles all around and I am sent on my way freeing the cops up to look for bad guys.

Do you let them search your house for no reason as well?

https://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution

Edited by MetropolisLakeOutfitters
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I thought the same thing but noticed the nuance in his answer--There is a difference in saying "No, I'd rather you not," and physical confrontation.

You could take it two different ways. I still think that saying "I do not consent to a search, but I will not resist" is the best answer. Read one way, it seems that he is agreeing with this. Read another, it almost sounds like he is saying to give them permission to search.

 

 

A few years ago, I attended a week-long criminal law seminar.  IIRC, the US S Ct held that illegal searches do not result in automatic suppression of evidence when the officer violated the law in good faith.

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A few years ago, I attended a week-long criminal law seminar. IIRC, the US S Ct held that illegal searches do not result in automatic suppression of evidence when the officer violated the law in good faith.

 

What would happen if you didn't give them consent and they search your car anyway and  find you have nothing illegal?

Edited by Zen Traveler
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That brings up a good point--If the police ask to search your car should you let them?

Sure, in a heartbeat.  It doesn't hurt my feelings at all.

 

They search my car, say "thank you very much for your cooperation" then smiles all around and I am sent on my way freeing the cops up to look for bad guys.

What if it's a bad cop who drops some coke in the car? And you were being so nice to let him search your car...

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A few years ago, I attended a week-long criminal law seminar. IIRC, the US S Ct held that illegal searches do not result in automatic suppression of evidence when the officer violated the law in good faith.

 

What would happen if you didn't give them consent and they search your car anyway and  find you have nothing illegal?

 

 

Given nothing illegal was found, I doubt you'd be facing any charges.

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Do you let them search your house for no reason as well?

 

Sure!  :)  They wouldn't ask unless there was a good reason, and I trust their judgement.

 

We don't know each other, but if you did know me in real life I would be the most boring person you know.  B)

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What if it's a bad cop who drops some coke in the car? And you were being so nice to let him search your car...

 

Of course that could happen but it's a possibility, not a probability

 

I have great faith in the system that the truth would come out.

+++

 

I'm being sincere when I say the cops can search my car, search my house, it's really not a problem.  :) 

Where I would draw the line is if they ask me to consent to a voluntary cavity search.

 

I like the cops, but not that much.  :blink:

Edited by wvu80
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What if it's a bad cop who drops some coke in the car? And you were being so nice to let him search your car...

 

Of course that could happen but it's a possibility, not a probability

 

I have great faith in the system that the truth would come out.

 

 

 

So did Steven Avery.  

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Do you let them search your house for no reason as well?

 

Sure!  :)  They wouldn't ask unless there was a good reason, and I trust their judgement.

 

We don't know each other, but if you did know me in real life I would be the most boring person you know.  B)

 

 

Honestly, this whole comfort level with the cops asking to search your/our vehicle I think goes back to the War on Drugs. It's also where the racial divide comes in--Not that more people of color do drugs, but that in the last generation more of those people were incarcerated and then their families also suffered--This builds resentment towards police and affects the police as well.

Edited by Zen Traveler
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Given nothing illegal was found, I doubt you'd be facing any charges.

 

I got that, but isn't it against the law for them to do so anyway?

 

 

 

According to a recent SC ruling, No. Not anymore. Your 4th Amendment Rights have been officially squashed.

Edited by Gilbert
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