So I'm often going over in my head different scenarios about being stopped for OCing by LEOs and rehearing what I'd say such as the officer needing RAS, WA not being a stop and identify state but is any of this written down anywhere? I usually go through posts to pick up as much info as I can to deal with possible encounters and am very glad to have a place to learn these things but has anyone ever thought of typing out question's and answers with the law it pertains to for LEO interactions and making it a sticky? I would love to but I'm not quite knowledgeable enough, thoughts?
This is a very good question, and not one limited to your state. I don't know the "right" answers to your questions, and am working on my own responses. One thing I have noticed, or maybe more importantly, not noticed, is attorney's advising us to educate law enforcement when they have us either detained or when they are attempting a consensual encounter.
Most attorney's harp on us to politely stay with the "Am I being detained? Am I free to go?" Arguing law with a cop is like trying to reason with a Moonie. You'll run out of air before they run out of counter points. Once "rights" are mentioned, a glaze comes over the eyes, and two thoughts along with tunnel vision enter the police cranium:
1. "Must Dominate".
In order to dominate, shooting [tricky, as few can actually hit what they shoot at], tasing, clubbing, kicking, assisted falling down stairs and slamming ankles in car doors top the list of means to achieve dominance, and the list goes down hill from here.
2. "Feared for ma life".
All and anything that is performed to accomplish dominance is covered under this handy catch phrase. Like an American Express Card, today's lawman doesn't leave home without it.
No cop is going to approach me to insure my best interests are looked out for. I truly believe that unless my hand is in the cookie jar, he is approaching me on a fishing expedition. I have a responsibility to myself not to bite.
So for me, there is a goal of avoiding voluntary interrogation and still not sounding like I'm a Moonie myself. "I prefer not to surrender any ID, and I don't consent to searches. Am I being detained?" The goal is limit the contact and be out of their grasp as quickly as possible. My experience with this type of presentation to a cop is to be hammered with more questions and / or interruptions. My focus, I believe, is to ignore that reaction from the police and stay POLITELY focused on gaining an answer to my question regarding my detainment. I have been told in response I am being detained for questioning. Anyone who ever watched a TV cop show knows the response to this one: "Questioning? I will need my attorney present for that." At this point, if they have something on you, or are manufacturing something [Mopery, with Intent to Creep], STFU. Nothing you say or do will avoid the inevitable deposit of your glutimus maximus into the back seat of the patrol car. Sadly, we have the
right to remain silent. The sad part is, few have the
ability. Remaining silent in a non defiant manner will go farther towards getting out of that squad car than anything that could ever come out of your mouth. The back seat is a sweat box. A tool of interrogation. A fisherman's trick. Don't. Bite. If they have something, your going for a ride. If they don't, you may be getting out when they run out of "reasonable time." What comes out of your mouth will weigh on the side of going for a ride. They are not looking for reasons to let you out. They may just want to see you submit. To roll over on your back like a bitch dog. To recognize their supreme power. Like on Gangland. You are on their turf.
**** 'em. I'm in for the ride at his point.
This is where I need work, as I do have a tendency to exhibit defiance towards authority figures, and at this point it comes out in spades.