First let me state that this guide is NOT for use by criminals.This is for the otherwise law abiding person who is being caught up by the tactics of over aggressive law enforcement.
More and more people are being outraged by the way police are disrespecting the rights of the people and I for one am fed up with the way the system looks the other way when it comes to the criminal bahavior of the men (and women) in blue (or black in some areas,fitting,eh?)The founders of this great country fought a revolution bacause of just the sort of abuse of power that is taking place today on the streets of America.That's the bad news.The good news is safegaurds against this are in place-but they do you no good unless you know them.That is the purpose of this-to inform the people exactly what their rights are when they encounter the police.The police DO NOT want the average citizen to know this information.In fact they depend on the ignorance of people to carry out their intimidating tactics SO KNOW YOUR RIGHTS!!The law is always changing.This information is up to date as of early 1997 so keep yourself informed of changes by any means possible!
1.)The good cop(GC)- This guy is just doing his a job.He is not out to save you from yourself and doesn't vigorously enforce unreasonable laws.The good cop is a treasure and should be supported.There are not many of this type.
2.)The rogue cop(RC)-He is beyond reason.This guide will not help you if you encounter this type.Knowing the law won't help as he is rousting you.MOST FEDERAL POLICE ARE THIS TYPE.This type is a criminal himself and will try to get away with anything.Beware if you meet The rogue cop.
3.)The intimidating cop(IC)-By far the most likely type you will meet on the street.Most local cops are of this type.He will try and scare you into giving up your rights.At the same time he recognizes a significant residual of inalienable rights.This guide is directed at the intimidating cop.
Most people get arrested for two reasons:
1.)They commit a crime.
2.)They took a generic scene and turned it into a personal thing with the cop.The most important thing you can do is to not make it pesonal.Be polite to the police.It can only help you when you are respectful,even "likeable".If you do something stupid like tell the cop his mothers a whore he will arrest you on some pretense just to bust your chops so BE COOL!Intimidating cop is usually more bark than bite,however,Rogue cop in contrast may look for an exuse to bust a cap so be careful.
1.)Have no outstanding warrants for your arrest-Take care of petty stuff like traffic tickets and the like.
2.)Don't carry anything incriminating on your person.
3.)Don't carry anything that might be "helpful" to the police-Address book with peoples phone numbers,paystubbs that tell him where you work,which is none of his business,etc.A digital organizer which needs a password that only you know will protect your privacy.
4.)Things to NEVER carry:Weapons,drugs,paraphernalia,beepers,or more than $500 in cash.
5.)If you drive your car should be clean with nothing in "plain view".Keep anything that you need to protect in a locked strongbox inside the locked trunk or some other secured area of the car.Note:the glovebox while better than on the front seat or the floorboard is not what I consider a secure area even if it locks.Try to get a car that has a door that locks without a key.
6.)Most important don't draw attention to yourself by driving like an idiot or throwing beer cans out of the window- If you do,then yo jus' askin' fo it buddy!
First and most basic is NEVER CONSENT TO A SEARCH.When you do you are voluntarily giving up your rights gauranteed to you .If there is probable cause they don't need your permission anyway.When they ask you they're probably just "reaching".
1st LEVEL:Contact/encounter-This is a simple conversation between a cop and a citizen.Seems innocent,right?WRONG!The cop is talking to you to discover "probable cause" as to elevate this contact to the next level.Most of the time he is on a "fishing expedition" to see if you are up to something.You hold the all the cards during this phase.The cop is on shaky legal ground.The SUPREME COURT has ruled that you DO NOT have to show a cop identification just because he asks,in fact,you don't even have to tell him your name.The cops power here is almost zero.The best way to handle this scene is to simply say "Sorry officer I can't talk right now I'm in a hurry,have a nice afternoon."
He does have the right during ANY kind of contact to frisk you for weapons IF he has reason to think you are armed.This is called a "Terry Frisk" named after the Supreme Court case Terry v. Ohio(1968).HE CANNOT FRISK EVERYONE HE MEETS AS A MATTER OF ROUTINE.He also needs to be looking for a "weapon"-Therefore if there is a soft bulge in your pocket he can't ask you to empty it in search of a weapon.Now in the real world they do ask this,but that's where knowing your rights help.Don't let him(or her)get away with expanding a simple Terry Frisk into a search for probable cause.There is no advantage to you to answer questions or to engage in conversation that might incriminate you.Your goal is to get away from this person A.S.A.P. without acting nervous as to give him reason to move to step 2.
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