imported post
eraseallhope wrote:
amlevin wrote:
Even if you are doing nothing wrong, often the Police Officers will "talk with you". Be prepared to have these "time wasting" contacts from time to time.
I do have the right to remain silent and walk away if im not being detained...
Which i believe i wont be detained for anything stupid like a "E Check"
(californias stupid empty chamber check)
So if they have no reason to be in contact with me, or they feel like they would like to make contact, i can always use my
"I'm sorry officers, I was just on my way to a very important event and my time is on very tight restraint, have a nice day"
See also:
Washington State Criminal Justice Training Commission Aug 2004 issue of Law Enforcement Digest, specifically
PAGE 2.
Personally I'm a fan of:
Am I under arrest? Open the bid with the highest card as they must 'trump' you to retain authority. I dare say 99.9% of the time this will catch them off guard and they will respond in the negative. This does two things:
1: If you
ARE under arrest, you now
know to STFU to protect yourself.
2: If you are
NOT under arrest,
you have established such through their own statements, and just trumped any future claims of 'resisting arrest' as you peacefully walk away (after the following).
Am I being detained? Same as above....
establish through their own statements that you are
NOT being detained. If they indicate that you ARE being detained,
DEMAND RAS. Do not relent. It would seem to be general consensus that they are not required to articulate their suspicion to YOU, just that they have it for the judge, but I maintain that if they truly do have RAS then it should be no problem to voice to
ME it in the instant matter in order for me to know that they are not playing on (my) ignorance and trying to trick (me) into voluntarily surrendering my rights secured by the fourth and fifth.
If they indicate that you are NOT being detained, do not
ASK if you are free to leave...make it a statement that you
ARE leaving:
"Thank you.
Having established through your own statements (Emphasize that line!), that I am
NOT under arrest
NOR being detained I am terminating this encounter and departing forthwith (or 'leaving immediately' if that more natural to your speech patterns). I leave you in peace, and bid you good day."
Then turn and
WALK. Any action on their part that hinders your free movement from that point on is a direct
CRIMINAL violation of 18USC sec 242. Remember....recorders are your friends.
I have had folks say that the whole "departing forthwith" and "I leave you in peace" thing was a little over the top, but I wanted to include a formal statement to establish that I was offering no resistance to any exercise of
lawful authority but simply removing myself from their presence and the olde-tyme language pattern seemed to get the point across the best.