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Stopped right off of cass st, East Side Green Bay

Brass Magnet

Founder's Club Member
Joined
Apr 23, 2009
Messages
2,818
Location
Right Behind You!, Wisconsin, USA
I like that quote, however, I don't want to lead my life battling everyone on every instance, could we file a report and battle that way sure, if they were going to cuff me up and make a mistake they could get sued for, would i comply, sure, thats how you win, not by arguing, making it worse, or I dont know what you're willing to do, maybe shoot it out? It's your show.

You're right. Don't resist! The trick is to not consensually comply. Politely deny consent, thereby forcing them to make demands. Then comply with the demands. If you consent you will be left with no legal recourse. Once again, it's your choice but you can politely exercise your rights without causing a scene.
 
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WisconsinPI

Regular Member
Joined
Sep 21, 2010
Messages
81
Location
Green Bay
You're right. Don't resist! The trick is to not consensually comply. Politely deny consent, thereby forcing them to make demands. If you consent you will be left with no legal recourse. Once again, it's your choice but you can politely exercise your rights without causing a scene.

Whats consenting, i did what i was told, it can be seen as i consented out of free will, or i believed i had to hand over id, i had to stay there because they detained me. approaching me and saying "hands up" and surrounding me, they didn't say you're free to go, i just didn't ask, i just did what they said. SO, it can go either way here. I had a friend from the forum stop by today, we talked, he explained how to handle things from now on, and i'll be doing so.
 
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Brass Magnet

Founder's Club Member
Joined
Apr 23, 2009
Messages
2,818
Location
Right Behind You!, Wisconsin, USA
Whats consenting, i did what i was told, it can be seen as i consented out of free will, or i believed i had to hand over id, i had to stay there because they detained me. approaching me and saying "hands up" and surrounding me, they didn't say you're free to go, i just didn't ask, i just did what they said. SO, it can go either way here. I had a friend from the forum stop by today, we talked, he explained how to handle things from now on, and i'll be doing so.

Whoa, your OP says nothing about "hands up" and surrounding you. I'm confused here. That could definitely be construed as nonconsensual.

According to your OP; everything was completely consensual. As for an opinion on what you "could" have done, there are plenty; but as far as exercising your 4a rights are concened, they all follow a basic outline.

Officer: Come over here.
You: Officer, I'm busy and I have my daughter with me, I really don't have time to talk.
Officer: OK (you aren't being detained)
OR
Officer: Come over here.
You: Officer, I'm busy and I have my daughter with me, I really don't have time to talk.
Officer: Come here now. (you're being detained)
You: I'm guessing I'm being detained then?

So on and so forth. We could all go on for hours on the different itterations. The point (basic outline) is to find out if what the officer is telling you is a request or a demand and if it is a demand, complying but saying you don't consent to his demands. You know, making it clear that if it were a request and not a demand you wouldn't comply.

This allows you to challenge the officers actions on 4a (and possibly 5a grounds if you choose to say nothing at all) in a court of law. Otherwise, if it's consensual, it's no different than you and I talking on the street and not legally actionable.
 
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paul@paul-fisher.com

Regular Member
Joined
May 24, 2009
Messages
4,049
Location
Chandler, AZ
Whats consenting, i did what i was told, it can be seen as i consented out of free will, or i believed i had to hand over id, i had to stay there because they detained me. approaching me and saying "hands up" and surrounding me, they didn't say you're free to go, i just didn't ask, i just did what they said. SO, it can go either way here. I had a friend from the forum stop by today, we talked, he explained how to handle things from now on, and i'll be doing so.

It would always be prudent to ask 'am I free to go' or 'am I being detained'. If you wish to comply afterwards, at least you know where you stand.

If they answer 'no' to the 1st or 'yes' to the 2nd, they believe they have RAS (reasonable articulatable suspicion). The courts have said over the years that they don't have to tell you what their RAS is, but they need to be able to explain it to the judge and if he thinks they were fishing, then they could get in trouble.

When I was in Madison, I asked the LEO(s) if I was free to go, they said no. They then said that if 'we' didn't provide ID they would arrest, cuff and then search us and retrieve our ID. After they proved they were serious by stuffing one of my friends into the back seat of the squad car, I handed them my ID and said 'I am doing this under duress'. Because I was being detained and they didn't have RAS and they compelled compliance, I have a case which should be filed shortly.
 

HandyHamlet

Regular Member
Joined
Nov 17, 2010
Messages
2,772
Location
Terra, Sol
Whats consenting, i did what i was told... i just didn't ask, i just did what they said.

I like that quote, however, I don't want to lead my life battling everyone on every instance,

So your idea of "being in this together" is having everyone else fight your battles for you. Nice.


SO, it can go either way here. I had a friend from the forum stop by today, we talked, he explained how to handle things from now on, and i'll be doing so.

He must have the patients of a Saint.
 
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IcrewUH60

Regular Member
Joined
Jun 22, 2009
Messages
481
Location
Verona, Wisconsin, USA
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WisconsinPI

Regular Member
Joined
Sep 21, 2010
Messages
81
Location
Green Bay
Whoa, your OP says nothing about "hands up" and surrounding you. I'm confused here. That could definitely be construed as nonconsensual.

According to your OP; everything was completely consensual. As for an opinion on what you "could" have done, there are plenty; but as far as exercising your 4a rights are concened, they all follow a basic outline.

Officer: Come over here.
You: Officer, I'm busy and I have my daughter with me, I really don't have time to talk.
Officer: OK (you aren't being detained)
OR
Officer: Come over here.
You: Officer, I'm busy and I have my daughter with me, I really don't have time to talk.
Officer: Come here now. (you're being detained)
You: I'm guessing I'm being detained then?

So on and so forth. We could all go on for hours on the different itterations. The point (basic outline) is to find out if what the officer is telling you is a request or a demand and if it is a demand, complying but saying you don't consent to his demands. You know, making it clear that if it were a request and not a demand you wouldn't comply.

This allows you to challenge the officers actions on 4a (and possibly 5a grounds if you choose to say nothing at all) in a court of law. Otherwise, if it's consensual, it's no different than you and I talking on the street and not legally actionable.

Appreciate it
 

WisconsinPI

Regular Member
Joined
Sep 21, 2010
Messages
81
Location
Green Bay
So your idea of "being in this together" is having everyone else fight your battles for you. Nice.




He must have the patients of a Saint.

Since i'm not a doctor, I dont have any patients, I DO, however, have a lot of patience. You can keep ranting, nobody cares, I could've posted 2+4 is 6 and you could tell me your thousand reasons why it's not and throw in your 5 dollars ,2 cents at a time, but you're just taking up space on this thread which i opened to have people place their opinions, not rant and rave.
 
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