Marijuana.com

fight4rights

Here is a link to a card that you are supposed to give to the police should you encounter them.
http://norml.org/pdf_files/freedom_card.pdf

This is another link from the NORML chapter at UCSB. (The college I will be attending this fall, yay!) It will tell you what to do if the police come to your door
http://www.normlucsb.org/yourrights.asp

This is another really good site with funny cartoons that will help you to not get busted for marijuana.
Potbust.com

Now questions for any Law Enforcement Officers.

You have pulled me over for a traffic violation. Say for some reason that you suspected that I had marijuana on me (Pot Leaf bumper sticker on my car, zig-zags and eye drops on the passenger seat.) If you were to question me about marijuana, would I be better off not answering at all, saying “I’m in a hurry and don’t have time for questions.”, or just handing you the card found at the top link?

My problem is that I don’t mind answering questions as long as they don’t incriminate me, but if I clamp up as soon as you want to talk about marijuana it would seem suspicious.

Any advice would be great!

__________________
"Those who do no harm to others should not be harmed by others..." Ethan Nadelmann
"Revolution is not a right, it is an obligation." John Locke
"Do SOMETHING besides argue emotions against the law, because it simply isn't a rational way to affect any type of change whatsoever. No offense intended, but your opinion on things is a moot point unless you take actions to change the law, rather than ramble about how unfair or injust it is." troublemaker_42
"'Just say no' to drugs, except those marketed by big pharmaceutical companies." Ignorant Politicians

 

Niteshift

We've discussed similar cards in the past.

The biggest problem with them is that they are written from an academic standpoint and a best case scenario. They give the false impression that you can avoid ANY questions.

They ARE questions you can be compelled to answer. This is particularly true if you are operating a vehicle.

Further, always keep in mind that your "right to remain silent" applies ONLY if 2 criteria are met 1) You are in custody 2) You are being asked questions about the offense.

Your 5th amendment right to avoid self-incrimination again applies if the question is incriminating, not just any question.


My opinion: These cards are more detrimental than helpful. Simply learn what is on them and assert your rights verbally. Cards like these indicate immediately to most LEO's that you are a "prepared criminal" and that's simply not the impression you want to give. A "prepared criminal" is usually one who has a record and probably been to jail a few times. That means they will give you a harder look than normal.

I could give you a lot of scenarios where trying to just hand over this card would make a simple traffic stop with a cop not even looking for an arrest into a bad day for you ending with a visit to the jail.

My advice: Just learn your rights, how they really apply and assert them verbally.

__________________
A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell

Sometimes the light at the end of the tunnel is muzzle flash.

didorusso

Gosh, I think you are right. I just printed that card for my son to carry in is wallet. Now I'll just tell him to learn about his rights.

__________________
Measure your hair levels before anything else!

Buzzby

You are required to ID yourself, show your license, your registration, and proof of insurance. Beyond that, what law are you breaking if you simply choose not to answer any questions?


Again, what law requires you to go beyond IDing yourself and showing that you can legitimately operate a motor vehicle?


Same question.

Everything I've read about protecting yourself says to provide the ID and documentation and nothing else.

__________________

Niteshift

You are required to ID yourself, show your license, your registration, and proof of insurance. Beyond that, what law are you breaking if you simply choose not to answer any questions?

It depends on the question. Sometimes NOT answering can make it worse.

Simple Example: My state has a loitering and prowling law. One of the requirements, before I can charge you with it, is to give you the opportunity to dispel my suspicion that a crime has been, is being, or is about to be committed.

Now, if I give you the chance by asking "What are you guys doing here" and your response is to hand me an ID and this card from NORML and refuse to answer anything else.....do you think my suspicions have been dispelled?

Let's extend that example: I happen upon you and your girlfriend/boyfriend, sitting in parking lot near a closed business at night. If I ask what you are doing, as required by the law before I can charge you for loitering and prowling, and you tell me "there were a lot of people at the house and we wanted to talk privately", I'd probably buy that and tell you to move to somewhere other than this parking lot. But if your response was to hand me your ID and the NORML card........and not dispell my suspicion........then I'd probably arrest you both. Then I'd search you.....and whatever I find in your pockets is fair game. Depending on circumstances, I might tow your car, which means I get to inventory the contents (ALL the contents) and anything I find in there can be used as evidence.

Everything I've read about protecting yourself says to provide the ID and documentation and nothing else.

See the example above. That is a simple case of where trying to be "too prepared" can bite you in the butt.

The things you read are theoretical and very blanket advice. No article, no lawyer, can give you the absolute best advice for EVERY situation. They can only speak in broad generalities. I just gave you an example where answering questions is definately in your best interest (if you're not doing anything wrong), but following the over-generalized advice on these cards would make your situation worse.

 

Buzzby

Thanks for clarifying that. It makes complete sense.

WNB

Wait, wait, I'm confused, Niteshift. Do you mean to tell me if I hand a cop my "NORML civil rights card" when he pulls me over for running a stop sign that he might become suspicious?! Would it be better if I just immediately deny having a felonious amount of pot in the trunk and than take the fifth ?

__________________
War is Peace
Freedom is Slavery
Ignorance is Strength

fight4rights

So my suspicions were correct. It seemed to me that it would just be better to answer the questions.

My friend told me if the cops start giving you the third degree (and you have something to hide,) it would be better to say that you don’t want to answer lots of questions because you are in a hurry.

I guess the best way to play it safe is to act like someone who doesn’t have anything to hide, answer questions politely.

Thank you for all the help Nightwatch.

(To clear things up, the card does not have NORML anywhere on it. I’m not that dumb, really.)

Niteshift

Saying you are"in a hurry" doesn't do anything one way or another.

To be frank, your hurry isn't my hurry. I'm going to do what I have to do. If I thought it was worth stopping you over, it's worth doing correctly.

TO be honest, there is a certain percentage of cops that will interpret your "hurry" to mean that you view what is transpiring as unimportant and/or trivial. Some of them MAY decide to take even longer, just to prove who is in charge at that stop. I'm not saying it;s right, I'm just warning you that it can happen.

What I would suggest is more low key.......play kind of dumb. "Excuse me, do I have to answer that?" "Am I required to stay here?"

And if you are asserting your rights, just assert them and shut up. Nobody likes an outhouse lawyer and cops dislike them the most of all. If you are asked for consent to search and want to refuse, just say no. If you are read your rights and don't want to talk without an attorney, just say no. If you are asked a direct question that would incriminate you, just say "I'm not going to answer that". This "under the 5th amendment" or "pursuant to Miranda v. Arizona" is a load of crap. The cop knows damn well what the 5th amendment says and what Supreme court decision covered advising a person of their rights. That stuff ends up sounding like you are either trying to impress him with your "legal expertise" (which ain't really gonna happen) or like you are lecturing him and implying that he doesn't know this stuff.

Like Nancy Regan said.......just say no.

Phyxius

Excellent advice, niteshift. It's great to have a voice with experience from their side.