Don’t police have to read me my rights?
Many people believe that they can “beat the case” if the officer doesn’t read them their Miranda rights during an arrest. This is a myth.
The only time an officer must read a person his or her Miranda rights is when: (1) the person has been placed under arrest, AND (2) the officer is about to question the person about a crime. For example, if you’re placed under arrest after consenting to a search request and confessing to ownership of found contraband, police do not need to read you your rights unless they want to question you about an unrelated crime.
The courts have made clear that police do not have to tell you about your right to refuse searches. Also, despite the myth to the contrary, an officer does not need to get your consent in writing; oral consent is completely valid.
If you’re arrested, don’t rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words ”I’m going to remain silent. I would like to see a lawyer.” If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They’re your best protection if you’re under arrest.
Remember that anything you say can and will be used against you in court. So don’t try to talk yourself out of the situation, and don’t make small talk with police either.
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Didn’t NDAA, PATRIOT Act & The War on Terror Kill the Bill of Rights?
That’s largely a myth. There are many reasons to be concerned about the constitutional impact of the NDAA, PATRIOT Act, and the War on Terror in general. But as far as the powers of your local sheriff or state highway patrol are concerned, they have had zero impact.
That being said, be mindful that some police officers may use the threat of terrorism to trick citizen’s into believing they have enhanced search and interrogation powers. For example, police may justify a routine traffic search request by claiming “I’m just searching for guns and explosives”. This is simply a cynical way to trick citizens into compliance.
Don’t fall for it. You have the right to refuse search requests by asking ”Officer, am I free to go.” Repeat if necessary.
General Questions
Flex Your Rights in UK, Canada, Australia, and Commonwealth Nations
“I am from Canada. I was just wondering if your
DVD’s contents and teachings for police encounters and rights relate to
Canada’s laws as well.” - Yannik “My question is if you know of anything
that you have used in your … Continued
General Questions
What Are My Rights When Marijuana is Legal?
22 points on reddit
With the passage of the nation’s first marijuana
legalization measures in Colorado and Washington, we’re getting a lot of
inquiries about how these changes in marijuana policy might impact
basic rights during police encounters. … Continued
General Questions
What are my rights at various “checkpoints”?
29 points on reddit
There are four general types of checkpoints you
might encounter: DUI checkpoints, US border checkpoints, drug
checkpoints, and TSA checkpoints. In a legal sense, they are not all
created equal. So depending on which one you encounter, you’ll want to
be … Continued
General Questions
Am I allowed to record police?
This article by Steve Silverman originally appeared
April 5, 2012 in Reason.com. It’s been updated to include new
information regarding recent rulings in favor of citizens’ right to
record police. Last week the City of Boston agreed to pay Simon Glik
$170,000 in … Continued
General Questions
When can police use drug dogs?
In Illinois v. Caballes, the Supreme Court ruled
that police do not need reasonable suspicion to use drug dogs to sniff a
vehicle during a legitimate traffic stop. This decision stems from the
case of Roy Caballes, who was pulled … Continued
2 points on reddit
General Questions
What if police say they smell marijuana?
2 points on reddit
If police say they smell marijuana, you’re in a
tough situation. Courts have ruled that the odor of contraband gives
officers probable cause to perform a search. For this reason, police are
quick to claim that they smell something and sometimes they might even
lie about it. … Continued
General Questions
How long can police detain you?
That depends. The answer is as long as it
reasonably takes police to conduct the investigation. For example, if
you’ve been stopped for speeding, police can technically only detain you
long enough to check your paperwork and write you a speeding ticket. … Continued
General Questions
When can police ask for ID?
There’s lots of confusion about when police can ask
you to identify yourself and how much information you need to give
them. Here’s what you need to know to protect your constitutional
rights. … Continued
Arrest Info
What is probable cause?
Consenting to a search request automatically makes
the search legal in the eyes of the law. And the 4th Amendment doesn’t
require officers to tell you about your right to refuse. … Continued
General Questions
How do I report police misconduct?
If you feel that police have violated your rights,
or you’ve witnessed misconduct against someone else, do not panic. It’s
normal to feel intimidated, but responding to misconduct is an essential
step towards protecting yourself and your community from future police
abuse. … Continued