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Thread: know your rights in a bad LEO confrontation

  1. #1
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    NOTICE TO ARRESTING OFFICER[/b]

    WITH MIRANDA WARNING


    NOTICE IS HEREBY GIVEN:[/b] The man or woman you have placed under arrest and have in your custody is working in the capacity of a Civil Rights Investigator. He demands all his rights at all times and does not waive any of his rights[/b], including the right to personal time and property, at any time[/b].



    You are hereby Noticed and Warned[/b] that from the time you detained him or her your actions have been scrutinized. Every illegal and/or unlawful action you take will be documented for civil and criminal prosecution forthcoming under USC Title 18, Title 28 and Title 42 §1983[/b]. This NOTICE is made in good faith.



    AS TO CRIMINAL PROSECUTIONS: After you have given your name, badge number, rank and proof of agency, you will have the right to remain silent. Anything you say from that point forward can and will be used against you in the form of criminal affidavits and civil sanctions. You have the right to have counsel present during any interrogation or civil disclosure.[/b]


    DEMANDS TO BE MET BY ARRESTING OFFICER


    TO AVOID CIVIL AND CRIMINAL PENALTIES.

    [/b]

    1. WARRANTLESS ARREST:[/b] You are not to arrest me unless you have seen me commit an arrestable act or omission or have exigent circumstances to cause the arrest. If you are arresting me without a warrant you must immediately[/b] take me before a judicial officer of competent jurisdiction, to determine whether the arrest was lawful[/b], or if there was probable cause[/b] for the arrest, pursuant to clearly established law[/b]. This Demand must be met prior to booking[/b]. The Supreme Court has held that the courts are open twenty-four hours a day, seven days a week, three hundred sixty-five days a year. If you do not comply with this Demand you can and will be sued[/b].



    2. If you improperly arrest me without a warrant in your possession, or with a warrant that does not comply with the Fourth Amendment requirements, you can and will be sued, in your INDIVIDUAL capacity .

    [/b]

    3. ARREST UPON WARRANT:[/b] The arrest warrant must be in your possession.[/b] It must be supported by an affidavit [/b]and probable cause statement attached to the warrant[/b], as subscribed in the Fourth Amendment. The arrest shall not be based upon hearsay, unless supported by a warrant accompanied by a bona fide affidavit. Said warrant and affidavit must be based upon first hand knowledge [/b]of the affiant charging me with a felony or other infamous crime. I must be allowed the right to face my accuser[/b]. If you deny me[/b] that right it will be a Sixth Amendment violation, and if you act unreasonably[/b] in your investigation or use excessive force[/b], it will be a Fourth Amendment violation, both of which violate clearly established law[/b] (stare decisis).



    4. If it is later determined that the arrest was invalid you can and will be held liable for false arrest and sued[/b], in your OFFICIAL capacity.



    5. You may not take any[/b] of my property or wrongfully convert[/b] any of my property, such as my personal photograph or my fingerprints, without written authority[/b] and only after an adversary proceeding which complies completely with Fifth and Fourteenth Amendment due process rights[/b], concluded with a signed order[/b] by a judicial officer of competent jurisdiction ordering the taking of said property



    6. I must be given a phone call forthwith[/b] to contact my outside counselor friend.



    7. I must be given pencil, paper[/b] and adequate access to a law library[/b], to prepare my "habeas corpus."



    IF YOU IGNORE THESE WARNINGS, it will show bad faith[/b] on your part and constitute prima facie evidence[/b] of your deliberate indifference to Constitutionally[/b] mandated rights[/b]. A copy of this instrument will be[/b] prima facie evidence of your bad faith. You are a Public Servant[/b], and as such you are expected to treat me with due respect



    This NOTICE has been submitted upon the demand of a driver license[/b], a registration[/b], proof of insurance[/b], or any other State issued privilege permit or license[/b] and therefore is a mandatory[/b] part[/b] of the official record of any ensuing action and MUST[/b] be introduced as prima facie evidence in said action.



    IT SHOULD BE NOTED that willful suppression of evidence[/b] is a felony[/b]. Any cause for action will result in a lawsuit under USC Title 18, Title 28 and Title 42 § 1983. [/b]
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    An American Is Not Required To Show Identification![/b]



    "There is a difference between an 'accosting' and arrest. One may be approached by an officer and questioned about his identity and actions." "However, failure to carry 'papers' and/or identification, or refusal to answer questions is not an arrestable offense."



    -Cornish vs. State, [/i]215 Md 64, 137 A2d 170, 173



    NOTE: Logic dictates that if refusal to answer questions and/or show identification is not an arrestable offense, it is also not a criminal act!



    THAT: HOWEVER, DOES NOT ALWAYS STOP THE POLICE.[/i]



    Read this opinion from a 1959 Supreme Court case …



    "Though the police are honest and their aims worthy, history shows they are not appropriate guardians of the privacy which the Fourth Amendment protects."

    -Jones vs. [/i]U.S.[/i], [/i]362 US 257, 273 (1959)





    The best -maybe the only [/i]-guardian of your privacy and your rights is YOU![/i]





    Here are some more cases you should be familiar with:[/b]

    Brown vs. [/i]Texas[/i] [/i]Davis[/i] vs. [/i]Mississippi[/i] Terry vs. [/i]Ohio[/i] Miranda vs. [/i]Arizona[/i] [/i][/b]





    The four cases above also deal with the right of an individual to not be questioned [/i]by a police officer or government agent. [/b]You Do Not Have To Answer Their Questions![/b]



    Refusing to answer questions is NOT a crime… it's a PROTECTED RIGHT! [/i]



    IT CANNOT BE HELD AGAINST YOU!





    CANNOT BE VIEWED AS AN ADMISSION OF GUILT!



    Educate Yourself


    Go to a law library and have the clerk pull the above cases. Make copies of the pertinent parts. You do not have to spend hours, day-after-day in study, to gain a workable knowledge of law. Read just a few cases that apply to situations you might find yourself involved in - being questioned by a police officer, for example. As you read the cases over a few times (maybe two or three times a week) you will begin to recall more and more. Develop a general understanding of the case and learn the case names.



    COMMENT:[/b]Violations of any of the above are violations of privacy. They can be treated as a tort, and also a crime. If the conduct of the officer (or government agent) is unlawful, neither good faith, nor provocation, nor ignorance of the law[/b], is a defense to the person or officer committing the wrong. They can be sued in their private capacity.





    A Title 42 Civil Rights law suit in federal court should also be considered.[/b]
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    How to Flex Your Rights during Police Encounters

    In any given police encounter, with a few notable exceptions, the below rules will help protect your civil rights and improve your chances of driving or walking away safely—so you don’t have to be a legal expert to say and do the right thing.

    1). Keep Your Private Items Out of View
    This is common sense: Always keep any private items that you don’t want others to see out of sight. Legally speaking, police do not need a search warrant in order to confiscate any illegal items that are in plain view.


    2). Be Courteous & Non-Confrontational
    If you are pulled over, the first thing you should to do is turn your car off, turn the dome light on (if it’s nighttime), roll down the window, and keep your hands on the steering wheel. Don’t immediately reach into your glove compartment for your license and registration. Officers want to be able to see your hands for their own safety. Wait until the officer asks to see your paperwork before retrieving your documents.


    The first thing you should say to the officer is, “Hello officer. Can you tell me why I am being pulled over?” The officer may give you a hard time or say, “Why do you think I pulled you over?” Tell the officer you don’t know. Most importantly, do not apologize after you get stopped, because that can be considered an admission of guilt and could be used against you later in court.

    Show your identification if it’s requested. Be respectful and non-confrontational. Refer to the police as “Sir,” “Ma’am,” or “Officer.” Remain calm and quiet while the officer is reviewing your documents. If the officer writes you a ticket, accept it quietly and never complain. Listen to any instruction on paying the fine or contesting the ticket, and drive away slowly.

    3). Just Say “No” to Warrantless Searches
    Warning: If a police officer asks your permission to search, you are under no obligation to consent. The only reason he’s asking you is because he doesn’t have enough evidence to search without your consent. If you consent to a search request you give up one of the most important constitutional rights you have—your Fourth Amendment protection against unreasonable searches and seizures.


    A majority of avoidable police searches occur because citizens naively waive their Fourth Amendment rights by consenting to warrantless searches. As a general rule, if a person consents to a warrantless search, the search automatically becomes reasonable and therefore legal. Consequently, whatever an officer finds during such a search can be used to convict the person.

    Don’t expect a police officer to tell you about your right not to consent. Police officers are not required by law to inform you of your rights before asking you to consent to a search. In addition, police officers are trained to use their authority to get people to consent to a search, and most people are predisposed to comply with any request a police officer makes. For example, the average motorist stopped by a police officer who asks them, “Would you mind if I search your vehicle, please?” will probably consent to the officer’s search without realizing that they have every right to deny the officer’s request.

    If, for any reason you don’t want the officer digging through your belongings, you should refuse to consent by saying something like, “Officer, I know you want to do your job, but I do not consent to any searches of my private property.” If the officer still proceeds to search you and find illegal contraband, your attorney can argue that the contraband was discovered through an illegal search and hence should be thrown out of court.

    You should never hesitate to assert your constitutional rights. Just say “no!”

    4). Determine if You Can Leave
    You have the right to terminate an encounter with a police officer unless you are being detained under police custody or have been arrested. The general rule is that you don't have to answer any questions that the police ask you. This rule comes from the Fifth Amendment to the U.S. Constitution, which protects you against self-incrimination. If you cannot tell if you are allowed to leave, say to the officer, “I have to be on my way. Am I free to go?”

    If the officer says “Yes,” tell him to have a nice day, and leave immediately. If the officer’s answer is ambiguous, or if he asks you another unrelated question, persist by asking “am I being detained, or can I go now?” If the officer says “No,” you are being detained, and you may be placed under arrest. If this is the case, reassert your rights as outlined above, and follow Rules #5 and #6.

    5). Do Not Answer Questions without Your Attorney Present
    There is no reason to worry that your failure to answer the officer’s questions will later be used against you. The truth is just the opposite: Anything you say can, and probably will, be used against you.

    In just about any case imaginable, a person is best off not answering any questions about his involvement in anything illegal. Assert your Fifth and Sixth Amendment rights by saying these exact words: “Officer, I have nothing to say until I speak with a lawyer.”

    6). Do Not Physically Resist
    If the police proceed to detain, search, or arrest you despite your wishes—do not physically resist. You may state clearly but non-confrontationally: “Officer, I am not resisting arrest and I do not consent to any searches.” Or you may assert your rights by simply saying nothing until you can speak with an attorney.


    Information provided by: http://www.flexyourrights.org

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    I think you would violate your own advice about being "courteous and non-confrontational" by presenting your "notice to arresting officer" form.

    -ljp

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    Very good stuff, kblazk.



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    Regular Member ChinChin's Avatar
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    You can attempt to hand them any document you wish, but the fact is that the officer detaining you doesn't have to accept it, and most times would not.

    We've had cases in Virginia where people detained for lawful open carry of a firearm have had the written laws with them stating their actions were 100% legal, and the police refused to even look at it.

    "Rights cards" or "documents of rights" forms are great as primers that people should indeed read to guide them on how to act/what to say during interaction with the police. . .but expecting any officer to handle them and read it during interaction is a bit unrealistic.
    The problem with the internet is nobody can really tell when youre serious and when youre being sarcastic. Abraham Lincoln

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    kblazk wrote:
    6). Do Not Physically Resist
    If the police proceed to detain, search, or arrest you despite your wishes—do not physically resist. You may state clearly but non-confrontationally: “Officer, I am not resisting arrest and I do not consent to any searches.” Or you may assert your rights by simply saying nothing until you can speak with an attorney.


    Information provided by: http://www.flexyourrights.org
    Why can in mexico, mexican canresist arrest but here in america, we are absolute slaves to the blue thugs?

    I do not plan to resist arrest ONLY because It is a battle I would not likely win.

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