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Quiksilver

Anyway, I've read all the stuff here about protecting your right by remaining silent and refusing searches without warrants, but something I saw made me think. I was wathcing COPS(mostly for drug busts) and this guy got pulled over for reckless driving or somethin and they had him out side the car and were about to pat him down. The officer asks the guy "Do you have anything on you you are not supposed to have?"...ah, that's a real general question. Can he choose to remain silent?(do you have that right if you are not yet under official arrest?) Or if he answers "No" and they found some weed would charges for lying to an officer be brought against him? Or can you just say "I do not have any weapons" cause I remember from somewhere that the officer can search you if he feels endangered. And does not answering the question qualify as suspicion or make the officer feel in danger?

Just wondering, Peace \/ Out!

 

mirage

those open ended questions are lame.

what if you have a playboy in the car and the cop is like that is porn bla bla bla. guess my point is alot of cops cant remain neutral and allow thier own personal beliefs guide them.

Niteshift

Open ended questions are great. Narrowing the question too much hampers me.

Example:

Me: Did you steal that white Dodge on Sunday night?

Suspect: No.

He's telling the truth. He stole it at 12:02 on Monday morning.

If you ask a question that is too specific, the answer can be misleading, but true.

mirage

open ended questions have some merret but damn it why cant cops just ask out right. grow some balls and be like HEY KID DID YOU DO THIS instead of the "so billy where were you say 1/2 hour ago , hmm i see isee and did you do anything you should not have"

billy "gee officer duncan do. how does one define that, i mean i saw a girl jogging and her was in tight clothes and i lusted, that is bad to some. i murdered a few ants while walking too im ready to go to death row for that."


officer duncan do

"are you gettin smart with me boy i know you did sumpin WAHT DID YOU DO"

billy
"well i am smart so i guess i am getting smart with you, unless im to be dumb, is that wat you and society wants dumb kids?"

officer duncan do.

"WHAT ARE YOU ON KID *OFFCIER DUNCAN DO HERE I NEED BACK UP THIS KID IS TALKING ABCK HEMUST BE ON SIUMPIN"

Niteshift

"grow some balls "

It's not a question of balls, it's a question of technique. For you to say that it is a lack of balls shows me that either you know absolutely nothing about what I do, or are just letting your predjudice get in the way.

I've been shot at, cut badly, had bones fractured, hit, kicked, spit on, cussed at and damn near anything else you can think of. If you think lack of balls is the issue, you are sadly, sadly misinformed my friend.

 

goodgirl

Okay folks...

Mirage flamed and Niteshift responded. Now this ends here.

If we can't at least make the attempt to be civil then I do not see any reason to keep this thread open. I will be keeping my eye on how this progresses.

Emotions are bound to run high around this forum, and the temptation to take our frustrations out on anonymous people on the net is huge. I will not however stand by and watch it occur here.

Mirage:

You have been warned.

Peace
~GG

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"Sometimes being a bitch is all you have to hold onto." ~Dolores Claiborne

shadefoot

Ya know, I thought Quiksilver had a good question that nobody responded to. I don't really know what to do in this case, and maybe no one else does either. I think I would do something like this:

Cop: "Do you have anything you're not supposed to have?"
Me: "What do you mean?"

This will force the officer to be more specific, which, as Niteshift points out, may give you or me a lot of room for ambiguity...cause 2 can play at that game. Or we could all flat out say "no" when asked if we have anything we're not supposed to have, and then have a field day over the definition of what "supposed to" means.

Cop: "I found 3 pounds of weed in your pocket. I thought you said you didn't have anything you weren't supposed to have?"
Me: "I'm sorry, I didn't know what you meant by 'supposed to'."
Cop: "You're under arrest..."

Then it's up to them to prove in court why they had probable cause and searched without a warrent. And we may still lose the case, but at least we didn't just roll over. So I think saying "no" is the best bet, but perhaps forcing the cop to be specific could be advantageous in certain circumstances.

Slightly Stoopid

Man if that ever happens that is exactly what i am going to say! LMAO

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Slightly Stoopid
"Before you knock it, try it first. You will learn that it is a blessing and not a curse"
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Slate

QUOTE: Originally posted by shadefoot: "So I think saying "no" is the best bet, but perhaps forcing the cop to be specific could be advantageous in certain circumstances." End QUOTE.

Shadefoot,
During a contact (other than consenual), I, as a LEO, can conduct a cusory search for weapons. During that search say I feel something in your coat pocket. It's not a weapon, but rather MJ paraphernalia or MJ itself. If I can identify it as such (due to my training and expertise) then I have the right to expand my search from that point on.

As for remaning silent during a traffic/Terry stop, yes that is your right, especially if you have 3lbs of MJ in your pocket (remember the 5th Amendment). However, honesty is always the best policy with me, and most of the guy's I work with as well. When you lie about what you have on you, sure I might not find it, but what happens when I do? I'm sure that I've missed MJ during searches of people numerous times and the majority of those were the honest ones.

I would suggest trying not to predetermine what or how you'll respond to any given situation. Too many times I've seen the rehearsed answers (even a simple yes or no) and that is the first thing that I find unusual.

Slightly Stoopid

Say I was pulled over for speeding, and for some reason the cop tells me to get out and asks if i have drugs on me.

What would be the best course of action i would take. Tell me what to say, and what not to say.

My plan was that if i was pulled over, and was about to be searched, i would actually admit to having a small amount in my pocket. Like 2 grams (which is usually what i carry). Depending on the cop, i would figure that maybe he would let me go for such a small amount.

And if it was a cop i didn't think would let me go, i would just tell them no they can't search me unless they have a good reason.

This whole thing confuses the hell out of me, because i am worried no matter what i say, the cop will find a way to search me!!