imported post
The question, to me, is not so much how little damage did it do, but how effective is it at getting the encounter to end, with as little civil rights violations as possible.
I have never been convicted, or even had to take on charges related to OCing. But at the same time, I have never got an encounter to end quickly using WRR. In this regard, it has failed me.
My system, is ask if you are being detained. If a no is stated, you should leave the area immediately. If yes, or something vague that may mean yes, you should say nothing else and call 911 and ask for the MSP to come out so you can have credible witnesses (may or may not happen), and also ask for the FBI to get sent out for a color of law investigation. The FBI thing probably won't happen, but it definitely won't if you don't ask. A 911 call also ensures that you'll have a highly admissible into court recording. When worried about interactions, I carry my phone set to speaker, and I am very ready to call 911.
As I have said before, WRR goes under the assumption that you can talk your way out of a stop, or at least that you can gather evidence this way. I suppose you can use it for evidence, but it's also easy enough to get their false and illegal justifications from a FOIA.
The way I have always interpreted WRR, is that it is supposed to be a means to get the police to let you go. After all, the final question is asking if you may leave. I don't know of a situation where anyone has ever asked a few simple questions upon hearing that they are being detained, and managed to get a cop to immediately let them go, realizing that they are wrong.
As an evidence gathering strategy for an experienced cop handler, it has its merits, I suppose. For all else, I don't know of any reason to debate with cops during an unlawful detention. I can't see it doing any good. Your mileage may vary.
