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Thread: How To Flex Your Rights at an OVI Checkpoint

  1. #1
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    How To Flex Your Rights at an OVI Checkpoint

    http://www.youtube.com/watch?feature...Bawyf8o0c&NR=1 ENJOY

    Came a cross a great video with proof in the video twice it will cut down the BS, this is not my video.

    COP ID
    I wrote this to sum up all of the rights one needs to understand, declare and practice when dealing with Law Enforcement of any sort. Copy the quoted text below*, format into business card size, print, laminate and place in wallet or on person.

    While driving, hand COP ID along with driver's license. When not driving, use COP ID alone, with no other form of identification. Remain silent.

    *At bottom of COP ID, place Name and Birth Date (place birth date only if 21+ years of age. One has the right to not self-incriminate, therefore if you're suspected to have had committed an age-based crime [Underage Drinking, Curfew, etc.] YOU DO NOT HAVE TO TELL ANYONE YOUR BIRTH DATE OR AGE!!!) Also, for privacy, do not place address or Social Security Number on COP ID, communicate those verbally if required by law (check local/state statutes).

    COP ID TEXT:

    "I hereby invoke and refuse to waive all of the following rights and privileges afforded to me by the U.S. Constitution:
    -I invoke and refuse to waive my Fifth Amendment right to remain silent. DO NOT ASK ME ANY QUESTIONS.
    -I invoke and refuse to waive my Sixth Amendment right to an attorney of my choice. DO NOT ASK ME ANY QUESTIONS WITHOUT MY ATTORNEY PRESENT.
    -I invoke and refuse to waive all privileges and right pursuant to the case Miranda v. Arizona. DO NOT ASK ME ANY QUESTIONS OR MAKE ANY COMMENT TO ME ABOUT THIS DECISION.
    -I invoke and refuse to waive my Fourth Amendment right to be free from unreasonable searches and seizures. I DO NOT CONSENT TO ANY SEARCH OR SEIZURE OF MYSELF, MY HOME, OR OF ANY PROPERTY IN MY POSSESSION. Do not ask me about my ownership interest in any property. I DO NOT CONSENT TO THIS CONTACT WITH YOU. If I am not presently under arrest or under investigatory detention, please ALLOW ME TO LEAVE.
    -Any statement I make, or alleged consent I give, in response to your questions is hereby UNDER PROTEST AND UNDER DURESS and in submission to your claim of lawful authority to force me to provide you with the information.
    -If you have no Probable cause or RAS and you continue to hold me against my will, you have now opened the door for a Chapter 42 US Code 1983 Civil Rights Law Suit.

    am I free to go"?
    Last edited by zack991; 11-28-2012 at 10:00 PM.
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  2. #2
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    Checkpoint

    Roadblock.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  3. #3
    Moderator / Administrator Grapeshot's Avatar
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    To Law Enforcement Officers:

    I have been instructed by my attorney not to discuss the facts of any case with anyone other than my attorney unless and until I am given the opportunity to consult with and be advised by my attorney, and to have my attorney present for any statement to be given or interrogation to be conducted: I shall not answer any questions other than for identification. This applies regardless of the nature or duration of the detention or arrest. I do not wish to evade or interfere with any legitimate investigation, nor does my refusal to answer represent any disrespect for you or your office.

    My attorney has also instructed me never to consent to a warrantless search of my person or property, and has instructed me to tell you that there will be absolutely no waiver of the right to see and be served with a warrant in proper form prior to any such search.

    My attorney has warned me, and I understand that, you may determine that this is a situation in which you feel you need to make an arrest; I understand that you may make such an arrest regardless of anything I may tell you. I have further been instructed to submit to your authority fully in the event you do elect to make an arrest. My submission, however, is for the purpose of avoiding unnecessary confrontation, and is neither a waiver of, or done with prejudice to, my rights under applicable civil and criminal laws.

    I am represented by the attorney named below, and that am the client of this attorney for all issues related to the detention, search and seizure of me and my property. I ask that you contact my attorney promptly upon taking me into custody, before any search of my property, and before making any attempt to question me about the facts of any case. Unless you feel you have probable cause to place me into custody at this time, I respectfully request that you advise me that I am free to leave right now.

    My name is: __________________________________________________ ____

    I reside at: __________________________________________________ ______

    My attorney’s name is: ______________________________________________

    My Attorney’s telephone number is: __________________________


    http://forum.opencarry.org/forums/sh...ent-quot-cards
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  4. #4
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by zack991 View Post
    COP ID TEXT:

    "I hereby invoke and refuse to waive all of the following rights and privileges afforded to me by the U.S. Constitution:
    -I invoke and refuse to waive my Fifth Amendment right to remain silent. DO NOT ASK ME ANY QUESTIONS. Cops can ask you questions all day lomg without violating your "right" to remain silent (which is actually your right to not be forced to incriminate yourself).


    -I invoke and refuse to waive my Sixth Amendment right to an attorney of my choice. DO NOT ASK ME ANY QUESTIONS WITHOUT MY ATTORNEY PRESENT. Asking you questions without your attorney present does not infringe in any way on your right to be represented at trial by an attorney. Your right to consult with an attorney before answering any question(s) is protected under the Fifth Amendment, not the Sixth.


    -I invoke and refuse to waive all privileges and right pursuant to the case Miranda v. Arizona. DO NOT ASK ME ANY QUESTIONS OR MAKE ANY COMMENT TO ME ABOUT THIS DECISION. Presuming you do not mean the cop should not make any comment about Miranda, there is nothing in that decision thst prohibits cops from "making comments" about your having invoked the privileges afforded you by that decision. They can also ask you a wide range of questions that are not restricted by the Miranda decision. The cops can also ask you if you wish to now wish to waive your rights - they just can't do it in a way that would be considered coersive. (They are usually told to avoid the question of coersion to just not bother asking you.)


    -I invoke and refuse to waive my Fourth Amendment right to be free from unreasonable searches and seizures. I DO NOT CONSENT TO ANY SEARCH OR SEIZURE OF MYSELF, MY HOME, OR OF ANY PROPERTY IN MY POSSESSION. OK, that's a good one. However, there are certain circumstances where a search is allowed over your refusal to consent, so don't think your refusal will stop them cold.

    Do not ask me about my ownership interest in any property. Be careful about this one - you might be effectively abandoning property. Yes, it all depends on the specific circumstances.

    I DO NOT CONSENT TO THIS CONTACT WITH YOU. If I am not presently under arrest or under investigatory detention, please ALLOW ME TO LEAVE. Cops cannot allow you to leave. They ca only prevent you from doing so by detaining* you. If you want to find out if they are in fact detaining you start to leave - they will inform you that you arwe not free to leave. (* - "detain" as in arrest, as opposed to a brief pause in your travel such as in a consensual encounter)


    -Any statement I make, or alleged consent I give, in response to your questions is hereby UNDER PROTEST AND UNDER DURESS and in submission to your claim of lawful authority to force me to provide you with the information. Why are you making any statement after asserting your right to not do so? That will most likely be considered a withdrawal of your decision to remain silent, and opens the game up for them to ask all sorts of questions without your attorney present to advise you whether or not to answer, or how to answer. BTW, cops cannot "force" you to make any statement or answer any question - but they can hold you either under arrest or in detention until either you respond or a judge says you can no longer be held. Just mentioning that, because sometimes aserting your rights requires some level of sacrifice or discomfort on your part.


    -If you have no Probable cause or RAS and you continue to hold me against my will, you have now opened the door for a Chapter 42 US Code 1983 Civil Rights Law Suit. No, the door was open for you to file the lawsuit before that. Cops are not impressed by threats to file a lawsuit. As a matter of fact, cops are usually not very impressed after losing a lawsuit.

    am I free to go"? Cops can either ignore the question or give you an evasive answer. You are better off making them assert their lawful authority.
    stay safe.
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  5. #5
    Regular Member Freedom1Man's Avatar
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    What is an OVI checkpoint?
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  6. #6
    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by Freedom1Man View Post
    What is an OVI checkpoint?
    Ohio uses the term "OVI" (operating a vehicle intoxicated) instead of "DUI" it means pretty much the same thing
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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  7. #7
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by EMNofSeattle View Post
    Ohio uses the term "OVI" (operating a vehicle intoxicated) instead of "DUI" it means pretty much the same thing
    Thanks. DUI/DWI I understand. The OVI, by it's name would only apply to commercial vehicles then.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  8. #8
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    I am reminded of a George Carlin joke.

    "Officer, why are you arresting him?"

    "Because he's legally drunk."

    "If he's legally drunk, then what's the problem?"

    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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