This information is provided by Eddie Craig (former deputy sheriff, and due process expert)
TO BE PRACTICED AND MEMORIZED!
If necessary, print this out and keep
it in your car for easy reference, but it will more effective if you
practice it and memorize it like you would for a part in a play. The
more you practice the material the more easily it will come to mind when
needed and the more effectively you can assert your rights and protect
them.
NEVER FORGET!! ALWAYS carry one or more audio/video recording devices with you into the public world. NEVER go out without them.
Try to make sure that they are always
charged or have good batteries as necessary. The moment you suspect that
you are going to have an encounter with some public servant/official,
then, TURN THEM ON AND START RECORDING!
Having a pen and notepad of some kind
readily available for taking notes is also recommended. Write down any
names and badge numbers you receive and use them accordingly. It is also
recommended that if you have a cell phone in addition to other
recording devices, then, you ALSO call someone that can act as an
audible witness to what is said during the encounter and possibly also
record the conversation from their end as well. No matter what the
officer says, DO NOT hang up the phone. If necessary, LIE about who you
have on the phone!! Tell the officer that it is your legal counsel on
the line and you will not comply with any of his/her demands without
proper legal advice from your counsel.
There is no law against being on the phone during such an encounter,
nor is there any legal basis for an officer to threaten you or demand
that you disconnect your call during the encounter. The idiotic claim
that such a demand is related to “officer safety” is not a plausible
basis for such demand.
What you say and do during a
“transportation” stop can mean the difference between simply getting a
citation (or not) and being released to continue on your way, or, being
hauled off (illegally) to jail. These questions and actions are
specifically designed to protect both your physical being and your
fundamentally protected rights. If you fail to follow these recommended
procedures then you should not be surprised when things do not go the
way you want them to. Ignore these procedures at your own peril.
YOU must control the information exchange and your own emotional state. Do not become flustered, frustrated, afraid, or angry.
Maintain your composure and speak in a calm and collected voice and manner at all times.
Treat the officer with respect. You want the video evidence to show
that if anyone lost self-control during the encounter it was the
officer(s) and not you. It is also important that you ask anyone else
that may be with you to remain silent and to say and do nothing except
as described herein. If they are unfamiliar with these concepts and
procedures then it would be a good idea for you to either educate them
on these concepts and procedures or simply don’t have them with you.
Someone else can get you into just as many problems as you can yourself
if they say or do things other than as described herein.
While I am aware that there is the
ability to say less just as effectively, I believe that we should be
working toward ending these abuses and behavior by our public servants
by making a record that would allow us to take action against those of
them that refuse to honor and obey our rights, their oath of office, and
the limits of their power and authority. This script is intended to
assist you in making a viable record that can be used in a lawsuit
against these public servants in state and federal court. If you can get
THEM talking about the violations they are perpetrating and their
knowing and willful intent to commit those violations, then, a jury is
much more likely to find in your favor when the officer(s) stand
condemned from their own mouths and recordings.
Dos and Don’ts:
Do remember that an officer is
REQUIRED to read you your rights before questioning or searching you if
they have placed you in a custodial arrest. In Texas you ARE ALWAYS
in a custodial arrest when stopped for an alleged “traffic offense”
(see Secs. 543.001-.009, Texas Transp. Code). The reading of your rights
is a mandatory requirement that works in your favor unless/until you
behave stupidly by talking voluntarily (sees Art. 38.22, Texas Code of
Crim. Proc.). Be aware, however, they almost NEVER do this, meaning that
anything incriminating that you may say or that they may find can be
suppressed as an involuntary or coerced statement or illegal warrantless
search and seizure. You should also be aware that the officer(s) is/are
trained to lie about you being in a custodial arrest and will most
likely say instead that you are in an “investigative detention.” If you
are in Texas (and most other “states”), then understand that this is a
TOTAL LIE! You almost always ARE in a full-blown custodial arrest (see
Legal Equation illustration below).
Don’t EVER answer an officer’s questions. You have the right to remain “silent,” so USE IT!
However, being “silent” DOES NOT mean to suddenly become a DEAF MUTE! It simply means that you are NOT to provide ANY information or documents in response to the officer’s demands or questions.
Invoke your fundamentally protected
right to remain “silent” and to assistance of counsel, and then simply
refuse to waive them, which you will do if you comply with the officer’s
demands.
The foremost thing to remember in these
situations is to NOT engage the officer(s) in idle conversation, dialog,
or chitchat. It is important that the ONLY things you say to the
officer(s) are specifically directed at the reservation and protection
of your fundamentally protected rights, and nothing else. This is known
as my self-imposed rule of “invoke, demand, protect.” Once you have
invoked these rights NEVER waive or abandon them by ignoring these
recommended procedures.
Questions like “Where are you coming
from?”, “Where are you going?”, “Who are you meeting?” have NOTHING to
do with a “transportation stop.” They are used simply to get additional
information that may allow the officer to continue his witch hunt and
escalate the severity of the charge(s) he might make against you. Also,
NEVER answer questions like “Do you know why I pulled you over?” or “Are
you aware that you?”
STOP HELPING HIM SCREW YOU OVER! DON’T ANSWER THESE QUESTIONS! Remember the cardinal rule about talking freely, SHUT UP, KEEP SHUTTING UP, and when you have done that, SHUT UP SOME MORE!
Whatever you say CAN and WILL
be used against you in a court of law, so SHUT UP unless you are doing
or saying something specified in this script!
Do remember to roll up ALL of
your windows and to lock your doors whenever you get pulled over, and
don’t ever open them or get out. That being said, MY personal habit,
on warm and sunny days, has always been to carefully but quickly exit
the car (keeping my hands in plain view) BEFORE the officer can prevent
me from doing so, while simultaneously locking my doors, throwing the
keys into the front seat, and closing the door. Doing this removes the
possibility of you having access to any form of weapon that may be
inside the car and could be used to injure the officer(s). In this way
the officer no longer has the legal ability or excuse to conduct a
warrantless search of your car, even if they tow it. Remember to keep a
spare door key in your wallet, pocket, or purse if you do this. However,
if it is freezing cold and/or pouring down rain, remain in your car and
let the officer stand outside for as long as he likes in order to
conduct his unlawful and illegal witch hunt while you take your time in
following this script.
Don’t EVER roll down more than one (1) window at a time if you remain in your car during the stop,
no matter what the officer(s) tell you to do. This eliminates the
possibility of an officer fabricating an opportunity to escalate the
stop by saying that the resulting cross-breeze allowed him/her to smell
something. If you must open a different window then is certain that you
have closed all other windows before doing so.
Don’t EVER roll down your one open window more than two and a-half (2.5) inches,
no matter what the officer(s) tell you to do, and for the same reasons
as stated above. Just say “I can hear you fine officer and I am most
comfortable with the window at its current level, thank you.”
Don’t EVER provide an officer with any documents or other information that they demand. The legal ramifications to your fundamentally protected rights are devastating.
Don’t EVER give your consent to an
officer to search your car for any reason. You are just asking to have
incriminating evidence planted or discovered that could be used to
criminally charge you, and it won’t matter if you knew it was there or
not, YOU CONSENTED TO THE WARRANLTESS SEARCH!!
DON’T BE AN IDIOT! Don’t let them
threaten or coerce you into waiving this right because it also attaches
to the waiver of other important fundamental rights that are essential
to your legal wellbeing.
Even if they threaten to have a canine
unit report to the scene you must not waive this right. Tell the officer
“I do not consent to being detained by you for any additional time or
other purposes. Am I free to go or are you going to continue to
illegally falsely imprison me beyond the time needed to conclude this
stop?”
JUST SAY NO TO WARRANTLESS SEARCHES!
Officers will almost always
insist that you are NOT under custodial arrest, but rather are simply
being “detained” or are part of an “investigative detention.”
This is a blatant lie most of the time. No officer has the authority to
simply walk up and demand that you answer questions, produce ID, or
provide them with your private information, verbally or otherwise. Be
aware, however, that when you won’t submit and give them your
information, their favorite tactic is to threaten to charge you with
“Failure to Identify.” However, in Texas law (Sec. 38.02, Penal Code)
you can be charged with “Failure to Identify”
ONLY if you have ALREADY been lawfully
arrested for some other offense, or, you are being lawfully detained for
questioning in a criminal investigation, and then ONLY under the
following conditions and circumstances; in either case you are required
to give ONLY your name, address, and DOB, nothing more; in the case of
already being lawfully arrested for some other offense, you cannot
refuse to provide these three things; in the case of being lawfully
detained, you cannot provide false responses for these three things, but
you CAN refuse to provide them at all. You can provide this information
verbally (Texas). There is no law in Texas that requires that it be
presented on some form of physical ID or document, nor could there be
(anywhere USA) because there is not and cannot be a valid law that
requires and compels a private individual to obtain and carry a state or
federally issued form of ID.
WARNING! It is of the utmost importance that you understand the true nature and purpose of a “transportation” stop. The goal of every enforcement officer nationwide is to create a situation that culminates in one of two scenarios:
1) A DUI bust
-Or-
2) A drug bust.
This is ALWAYS the goal. It is NEVER about “public safety.”
It is always about maximizing the
potential charges against an individual and the revenue that a
conviction on those charges generates. STOP HELPING “THEM” SET YOU UP
FOR A FALL!
Also, DO NOT attempt to
“educate” the officer(s) about what they can and cannot do or the law
associated with “transportation” or the Code of Criminal Procedure.
Register your verbal objection to their actions for the record by
following the procedures below. Napoleon had it right when he said
“Never interrupt your enemy while he is busy making mistakes.” Learn
from this wisdom or you WILL make your own “fatal mistakes.”
Once you know the officer(s) name(s) and
badge number(s) use them both together as often as practicable as shown
in these procedures. Make him/them aware that they are being directly
associated with any unlawful and illegal acts or violations of your
fundamentally protected rights in which they might otherwise engage
during this encounter. While it is not fatal to the situation if you
fail to do so, it is relatively important that you try to do things in
the order and verbiage presented below.
REMINDER:
It is important that the only things you say to the officer(s) are
specifically directed at the reservation and protection of your
fundamentally protected rights and nothing else. Once you have invoked
your rights NEVER waive or abandon them by ignoring the recommended
procedures listed above and below.
Simply repeat the verbiage in items 1 & 2 as necessary for each new officer you speak with.
NOTE: Sub-items 2(a)-(c) are
optional, but are also potentially useful during the discovery process
if the claim is made later that the officer’s equipment was
“malfunctioning” during the encounter. Bear in mind that these questions
and statements by you are VERY important to the record you are trying
to build, try to remember this and use them accordingly.
1) For the record, may I get your name and badge number please?
2) Officer _____________ Badge/ID # ________, is there a recording being made of this encounter?
a. Is that recording comprised of both audio and video?
b. Are you relatively certain that your recording equipment is functioning properly for the purposes
of making this recording?
c. Is your body microphone and camera, if any, turned on and functioning properly to the best of
your knowledge?
3) Officer _____________ Badge/ID # ________, what is the emergency and how can I help?
4) Officer _____________ Badge/ID # ________, what facts or information are you alleging gave you
probable cause to stop and accost me?
5) Officer _____________ Badge/ID # ________, do you have a properly signed and issued warrant
authorizing you to search me or my property?
a. (IF YES) Officer _____________ Badge/ID # ________, do you currently have that alleged
warrant in your possession, if so I would like to see it please?
6) Officer _____________ Badge/ID # ________, do you have a properly signed and issued warrant of
arrest that accurately describes or names me as the person to be arrested?
a. (IF YES) Officer _____________ Badge/ID # ________, do you currently have that alleged
warrant in your possession, if so I would like to see it please?
7) For the record, I am not “operating” in a “for hire” capacity by engaging in any form of “transportation”
or other commercial use of the highways. Officer _____________ Badge/ID # ________, please
acknowledge that you have been so informed.
8) Officer _____________ Badge/ID # ________, am I under custodial arrest?
9) If I am not under custodial arrest then am I free to go?
10) Officer _____________ Badge/ID # ________, what is the articulable probable cause that leads you
to believe that I have committed or am about to commit a crime that authorizes you to stop and
detain or arrest me?
11) For the record Officer _____________ Badge/ID # ________, in order to protect my rights and not
waive any by error or accident, I wish to clarify my legal understanding of the situation:
a. You said that I am not free to go, so I must conclude that I am in a custodial arrest and not simply
an investigative detention.
b. Therefore, I am invoking all of my fundamentally protected rights, including my right to remain
silent and my right to assistance of counsel.
c. From this point forward I do not consent to providing you with any information or documents that
could or will be used against me in a court of law or to possibly incriminate me, so please do not
ask me to produce anything and give it to you.
d. From this point forward please do not ask me to answer any questions or to perform any form of
test relating to any matter whatsoever without my attorney present.
e. Officer _____________ Badge/ID # ________, do you intend to harm, injure, or punish me by
any method of assault, arrest and/or incarceration because I have invoked these fundamentally
protected rights?
Understand this, when you refuse to produce the demanded documents or to answer any questions, the
officer is going to begin to get upset and continuously state that “… the law REQUIRES that you produce a
driver’s license and other information on demand of a law enforcement officer.” They are also prone to
falsely accusing you of obstructing or interfering with a public duty/officer or just outright threatening to
commit acts of violence against you and/or your property. DON’T FALL FOR THIS, IT IS A SCARE
TACTIC! Invoking and refusing to waive your fundamental rights is not and cannot be converted into a crime.
And if they DO arrest and charge you falsely for interfering/obstructing then you get to sue the crap out of
them. Just remember, when the officer(s) continue to demand that you produce a license, registration, proof
of financial responsibility, or any other information or document(s), despite their threats, repeat the following
ad nauseum:
12) For the record Officer _____________ Badge/ID # ________, no law is valid if it requires me in any
way to waive any fundamentally protected right in order to exercise any other right or alleged
privilege. And no law can convert the free exercise of any right into a crime. I have repeatedly
informed you that I choose not to waive any of my fundamentally protected rights.
13) So, I ask you again Officer _____________ Badge/ID # ________, do you intend to harm, injure,
steal my property, or otherwise punish me for invoking my fundamentally protected rights?
WARNING: Be prepared for the officer to do or threaten precisely that, and they usually start
by threatening you with all manner of unpleasantries, including falsified criminal charges. You only
need to use sub-item “a” once on the first officer that threatens you. When s/he/they begin(s) to do so,
state the following:
a. Officer _____________ Badge/ID # ________, due to your attitude, demeanor, and your
continuous threats to falsify charges and commit acts of violence against me and my property
while displaying a deadly weapon, I feel physically threatened and in fear for my life. I demand
that you cease and desist and request the immediate presence of a supervisor. I do not consent to
any of your actions, the use of force against me or my property, or to being forced to exit my car
for any purpose, especially so that you may attempt to steal my property and/or assault, injure or
kill me.
14) Officer _____________ Badge/ID # ________, you are fully aware that I have already invoked my
fundamentally protected right to remain silent and my right to assistance of counsel. Do you intend to
continue in your unlawful efforts to violate my rights?
a. It is my belief that the information you are demanding may possibly be used against me in a court
of law or in an attempt to incriminate me.
b. And if that is so, then, upon the advice of legal counsel I must respectfully decline to provide you
with any information or evidence that possibly can or would be used against me for those
purposes.
15) Officer _____________ Badge/ID # ________, I am asking you again, do you intend to continue to
deny me in my rights and to falsely imprison me or am I free to go?
WARNING: Be certain to keep your face as far away from the window opening as possible while sitting
normally. Never exhale or speak directly into the opening or toward the officer(s) face(s). Doing
so will almost certainly result in the following scenario. Read the Do’s and Don’ts to better
understand why.
If the officer makes any statement making a direct accusation against you or directed toward escalating the
stop to the status of a DUI or drug bust situation, and they almost certainly will, you MUST be prepared to
rebut it INSTANTLY. If any officer makes ANY statement resembling either of the following, BEWARE and
immediately respond accordingly!!
OFFICER: “Sir/Ma’am, I smell alcohol/marijuana and I am going to have to ask you to step out of the
vehicle.”; or
“Sir/Ma’am, are you aware that you ( allegedly did something ) and I am going to have to ask
you to step out of the vehicle.” (Be sure that s/he IS lying in this case.)
16) YOU: Officer _____________ Badge/ID # ________, your statement is patently false and
an outright lie. Are you now trying to fabricate probable cause by making false statements into
the record and false allegations against me?
a. Even if they threaten to have a canine unit report to the scene or to break out your windows you
must not waive your fundamentally protected rights out of fear. Tell the officer
“I do not consent
to being detained for any additional time or other purposes. Am I free to go or are you going to
continue to illegally terrorize, threaten and falsely imprison me beyond the time needed to
conclude this alleged “transportation stop?”
b. Repeat steps
12 – 16a as required for each new or continued demand or threat imposed by the officer(s).
This information is brought to you by: Eddie Craig Co-host on Rule of Law Radio (
www.ruleoflawradio.com &
www.logosradionetwork.com)
Eddie Craig will soon be launching a brand new site geared toward
publicizing and organizing the efforts of the patriot community groups
and organizations. The site will be called
www.taooflaw.com.
Go on Facebook to learn more. Search for “Tao Law” and make a friend
request. You can also go directly to the site launch info page by
searching for “Tao of Law” and reading up on what the site will provide
as tools, resources, and features to its members and users. Be aware
that this information is always evolving out of necessity. Watch the
version number in the upper right-hand corner to see which one you are
using. Always try to use the latest version. Go to
http://www.logosradionetwork.com/tao/ for a preview of what the site
will have to offer the American patriot community.
This information provided by Eddie Craig and http://ruleoflawradio.com
For more information on this subject and more check out
Cops Underground at http://copsunderground.com/
.
