Thursday, May 23, 2013

Popular Myths

OFF THE WIRE
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.
VIDEO, 
You Have the Right to Remain Silent (Use It!) 
http://youtu.be/b2-nKV5odbw

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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

Am I allowed to record police?

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General Questions

When can police use drug dogs?


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General Questions

What if police say they smell marijuana?

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General Questions

How long can police detain you?

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General Questions

How do I report police misconduct?

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