Patriots Guide to Police Encounters

Southern Patriot

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Patriots Guide to Police Encounters

« on: July 26, 2009, 01:03:01 PM »

First and foremost, let me start off by saying that most police do not know the actual written law they are trying to enforce. That is the main reason we see so many instances of police crossing the line and committing acts of violence against an informed citizenry. Police are ingrained with an "I'm the only one who is right mentality." and this is just reinforced by the current republican talk radio hosts who say we should "Do whatever an officer tells you!".
In the following, I am going to provide a step by step guide detailing everything from your first encounter to the time the officer either gives up in disgrace and leaves you alone or takes you to jail and you file your lawsuit. So without further a due, here we go.

1. Traffic Stops- When you are pulled over by a police officer there are many things the officer should do to ensure that it is a legal stop. First, the officer should greet you and explain why he/she has made the stop. This is a rare circumstance these days as the first question most commonly encountered is "Do you have your gun in the vehicle?" (If you have a ccw permit) or "License, registration, and proof of insurance!" If you are asked the first question, I suggest you answer honestly to avoid being ordered out of the vehicle at gun point. I know that it is completely unconstitutional but the fact is that the police have been conditioned to think that you are the enemy. Traffic stops are categorized as either unknown risk or high risk. There is no such thing as a low risk stop anymore. I have said it before and I will say it again, If you are harassed for obeying the law (having a ccw permit) contact both the NRA and a civil rights attorney. I for one have never asked this question of a motorist unless they have committed an arrest-able offense. It would seem that an officer should be more concerned with someone who does not obey the law but thanks to FEMA, that is not the case.
If you are asked/ordered the second question/command, politely ask the officer why you have been pulled over. If they persist, explain to them that the law states that an officer must tell you the reason for the stop in order for the stop to be legal. If the officer still persists, ask him/her to contact a supervisor/watch commander. If he/she refuses, inform the officer that you are calling 911. Whatever you do, do not get an attitude with the officer. It seems that lately they are looking for any excuse they can get to pull you out of the car.
In my department, and every other department in the country, the initial contact with a “suspect” has to be a legal one. Otherwise, every action afterwards is illegal up to and including the arrest. In my state, there is no law requiring a motorist to provide proof of insurance unless they have been charged with a moving violation or been involved in a traffic accident. It is jst assumed that when the officer demands it, you should provide it. This one makes the officers blood boil but if you're feeling froggy.....Hand the officer your license and registration but don't hand him/her your insurance card. When the officer asks/demands it again, ask if you are being charged with a violation and explain what the law says. I have seen arrests and lawsuits result from this very scenario. The motorist wins every time because the officer was ignorant to the letter of the law.
Find your states' code online and especially learn the traffic codes. If you ever encounter the police, it will most likely be because of a “traffic violation”. Remember this as well...Traffic citations are not issued for public safety. They are a revenue generating tool for both the city and the officer. The department manual states that “Traffic citations should be a continuous and consistent effort and should effect the offender in such a way that they will not commit the offense again”. All department will actively deny that they have a ticket quota even though it is expected that an officer should write about 170 citations per month. I know some officers who play this game very well and make upwards of an extra $20,000 per year just from sitting in traffic court getting overtime pay. The average citation in the country is $150 on the low end. Add up the average of 170 per month per officer and you can easily see why the department encourages an officer to make that overtime pay.
2. Vehicle searches- As soon as an officer pulls you over, he/she has initiated a “stop”. The supreme court has ruled that once a “stop” has been initiated, the motorist is not free to leave until the officer says so or tells you that you are not going to be charged with anything. This is where searches come into play. An officer can not search your vehicle without a warrant, plain and simple. There are exceptions to this though. If an officer has reasonable suspicion meaning that he/she has an honest belief due to evidence before him/her that you have or are in the process of committing a crime, then they may search your vehicle because in court this is just as good as a warrant. So, don't keep an open beer in your lap and don't leave your joint/blunt/bag laying out in the open. If you are going to smoke pot in your car, make sure you smoke it all and don't leave any trace of it in the vehicle. An officer can not search your car because he/she smells pot. He/she can run a dog around the outside of the vehicle though and for some unGodly reason, if the dog smell pot, the officer can search.
Lets assume that these circumstances don't apply and you are doing everything legal though. An officer can not under any circumstances search your vehicle without your consent. In order to obtain your consent, the supreme court has ruled that the officer has made it clear that you are free to go. A nice little trick they use is to say, “I'm not going to write a citation for this and just issue a verbal warning. Do you mind if I search your vehicle?” or some similar wording. Just politely say no. At this point, you are free to go and there is no way in hell the officer can get a warrant or even bring out a dog. He/she will always try to say that if you have nothing to hide then you wouldn't object but the fact of the matter is he/she knows they aren't getting in your car without your say-so.
3. Always be polite- An officer is looking for any excuse they can use to say you are combative. This is because an officer can use your attitude as a probable cause for an “investigative detention”. They will handcuff and search your person which is unfortunately legal. They will then try to get your consent to search the vehicle and again you should always refuse consent. This is another mind trick. When they put handcuffs on you , they will not tell you that you are under arrest. They do this in hopes that you will resist at which time they can charge you with something. The federal government pays subsidies of around $150 per day for city and county jails to house inmates. How much do you think they pay for that bologna sandwich they feed you while you're locked up? This is another “incentive” to make as many arrests as possible. The city/county will always try to arrest you for any reason they can find. The officer gets overtime pay for appearing in court too so they may be more inclined to make arrests as well. Also, once a jail is filled to capacity, the city/county qualifies for more government money to either expand the jail or build a larger one. The cards are stacked against you.
4. Your Home is Your Castle- A police officer may never enter your home without your consent or without a warrant. (Federal agents are a different animal all together. They can sneak and peek without a warrant which is a blatant violation of the fourth amendment. You can thank the patriot act for hat one.) The only time an officer may enter your home without a warrant is if there was a 911 call from your residence. This goes back to the three types of officer contact. They are “voluntary”, “investigative detention”, and “arrest”. Once you or someone in your home calls 911, you have initiated a “voluntary” contact with police and implied your consent for an officer to enter your home. If the police ever come to your door for a noise complaint or any other reason for that matter, do not allow them in for any reason. Also, never step outside. If they ask you to, politely refuse. Once you are outside of your doorway, you are considered in the public domain at which time, they can prevent you from going back inside and find a reason to arrest you. If an officer ever forces their way into your house, inform them that you will sue them for violating your fourth amendment rights whether they leave immediately or not.
5. You Don't Have to Answer Questions- Contrary to popular belief, it is of no concern to police where you are coming from, where you are going, if you are alone in your house, or any other invasive question they may ask. Anything you say to police can be used against you. They will trick you into ling to them. This gives them probable cause for a search, investigative detention, etc.. If an officer gives you attitude for not answering questions, tell them you will not violate your own 1st, 4th, and 5th amendment rights. If they threaten to arrest you for “interfering with an investigation” or “failing to comply with an investigation”, ask them who and what are being investigated. The simple fact is that they are “investigating” you. That is why they are there in the first place. They will most likely leave if they know what they are doing because if they tell you that you are the subject of the “investigation” then they just confirmed your stance on not violating your rights.
6. Keep Notes- Always make a not of the officer's name, badge number, car number, license plate number, date and time of the contact, and any other pertinent information. I suggest getting a digital audio recorder or one of those pocket video cameras that look like an ink pen. There are times when you will encounter an ignorant officer who believes everything they learned in the Homeland Security seminar. If you try to assert your rights, they will violate them and incarcerate you. Every detail and piece of evidence you can retain will better prove your case and in the end you will receive a much larger settlement than someone who plays the race card or has no evidence but the dashcam.

I hope this helps and if anyone has any questions just post them here and I will answer all I can.
Keep up the good fight.


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LoreOnTerror

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