SNIP Is there any special laws etc that I must follow if I do?
Thank you for your time, I look forward to hearing your responses.
Welcome to OCDO!!!
Wise, very wise to ask about the law. Its always smart to know what rules you have to follow.
However, there is another side to it that is just as important--the rules the other team has to follow. You wouldn't play poker or polo without knowing the rules the otherside has to follow would you?
Although Virginiaseems mostly safe for OC, there are pockets of police disagreement that crop up from time to time. Even as recently as this year.
Sometimes that pocket of disagreement is limited to the front seat ofone patrol car.
With that in mind, the least you want to know are your rights, so you can protect yourself if you have a negative police encounter by politely, non-physically, verbally asserting your rights. Below are some standard phrases.
I am not a lawyer.
"Officer, I know you are just doing your job, but:
- I do not consent to this encounter.
- Why I am I being detained?
- I do not consent to any searches or seizures.
- I will not be answering any questions without my attorney.
- I do not consent to showing you my ID, but I will comply with your demand. (Just in case there is a local ordinance requiring you show it. If you find out later there isn't, you can attack his extra-legal ID demand in a complaint.)
- I do not consent to seizing my gun.
- Am I free to go?"
Expect to get sneaky questions designed to get you to then waive your rights. A favorite is something along the lines of, "If you have nothing to hide, why do refuse consent?" Its sneaky because it contains the false premises that only crooks exercise their rights, and that your rights are based on having something to hide. You could just politely say, "Rights don't require justification, Officer. That's why they're called rights." Or, if you want to stay on the straight line of defense you could just say, "Officer, I've already said I won't be answering any questions without my attorney."
You can learn more here:
Video on YouTube, Busted,
Video at Regent Law, Talking to Police,
by Prof. James Duane.