imported post
Mainsail wrote:
Citizen wrote:
"Officer, I know you're just doing your job; but I do not consent to this encounter." This way there can beless quibble later whether I consented by staying. Nobody canmistakenly think I consented when the first thing I said was that I didn't consent.
"...do not consent to this encounter. Am I free to go?" Or, if I do not want to leave, "Please leave me alone."
SNIP First, I do not consider every police encounter to be hostile until they make it so.
I understand. Check the third sentence of my post.
Otherwise, I see what you are saying. I don't know that I can argue with you.
I prefer to follow Professor Duane's advice from the video. That is to say, in this case, if I'm being legitimately detained--because of circumstances, not misdeed on my part--it is especially the time I want to all privileges and immunities. I consider it my first duty in a police encounter to protect my legal position to the fullest. I consider even a 24 hour detentionthat goes nowhere better thaninadvertantly giving them some piece of information that can be used for a malicious prosecution, or even an honest one that misinterpreted a piece of information.
Just as a side note. Perhaps a year ago I had this discussion with three LEO's on this forum. All arguing politely in favor of being cooperative. When I laid out my case for keeping quiet, including a rudimentary version of what Prof. Duane talks about in his video, the LEO dissentersgot quiet. I don't think they said another word.
