Citizen wrote:
Caltorrez wrote:
SNIP ...What should you do or say ifa police officeris unlawfully detaining you...
This isa good question.
It is very likely you will have no wayto judge safelywhether you are being illegally detained. There are a number of factors that come into play. In order to judge whether you are being illegally detained, you would have to know all of the factors, and judge correctly. Its much safer to operate as though it was a legal detention until you find out for sure later.
The main rights that come into play are your 4th Amendment right against unreasonable search and seizure, and your 5th Amendment right against self-incrimination. You can learn more about exercising these rights from the videos linked below.
After lots of reading and considering, my suggestion is to comply while politely, verballyrefusing consent. You can learn more about refusing consent in the first video.
Busted: A Citizens Guide to Surviving Police Encounters by FlexYourRights
http://www.youtube.com/watch?v=yqMjMPlXzdA
Talking to Police by law professor James Duane of Regent University.
http://www.regent.edu/admin/media/schlaw/LawPreview/
On topic - I watched that video
Busted: A Citizens Guide to Surviving Police Encounters by FlexYourRights
- Well I thought I had it all planned out in my head. I thought I knew what I would say, to the T. The next day after watching that video, I was pulled over in Sterling Heights, Michigan for what the officer described as an extremely loud stereo. I was visiting from Colorado- and that plays a factor because in Colorado the window tinting laws are different than in that area of Michigan- well my windows were dark and my back window was almost blacked out, in accordance with Colorado law thought-
This didn't help things one bit- keep it ALL in mind. The officer ended up asking me to step outside of the vehicle (I didn't know this but I owed some money to the Michigan Secretary of State of points violations on my DL)... This is where it all went way wrong-
Instantly I was reminded of the video I had watched the day before- so I rolled up my windows completely and locked the door behind me- which also locked my buddy in the car where the officer could not see him.. I remained calm as the officer literally tried ripping me apart- piece by piece- to determine why I had rolled up my windows. I said I do not consent to search (not knowing the officer legally searched the car because I was being ticketed for the DL situation and my car was being towed and impounded). The officer reached into my pants and took out my car keys and proceeded to have his way with me, my car, and my buddy. It was a terrible situation that led me to try and "raise hell" at the Police Department with his supervisor- I ended up walking away, with no dignity, and still without my car.
I thought I was doing the right thing, but like the other poster said, you never really can tell if you are being treated legally or illegally- civilians simply just won't know exactly everything that's going on with the situation.
In the future, and I'm starting to OC today, I will Not be so adventurous with my mouth in the situation.
On another note- this is strictly personal and each decision is owned by the man/woman making it- I would never refuse my ID to an officer if that was the first thing he asked for. I have nothing to hide, no wants or warrants, so I'll just let him do his thing and I'll do my thing. Like I said, very personal, and I own that decision- it's nobody else's to call into question. I'm free and I'll freely show my ID.
Hope this helps anyone out there- specially after watching that video posted above, haha.