You don't have to talk to cops

[pokerfan]

Florida Highway Patrol Sgt Kim Montes said two troopers had attempted to contact Woods on Friday evening, but his wife said he was sleeping and they had agreed to come back the next day.

http://news.bbc.co.uk/2/hi/americas/8384084.stm

They can always arrest you but they need cause for arrest. Not talking is not cause for arrest.

[midnight]

1. Good information to know.....

[pokerfan]

2. Never talk to cops

Mr. James Duane, a professor at Regent Law School and a former defense attorney, tells you why you should never agree to be interviewed by the police.

http://www.youtube.com/watch?v=i8z7NC5sgik

[elocs]

8. I told my goddaughter, who had gotten into trouble last summer because of her schizophrenia

exactly what her attorney had said: "Do NOT talk to the police, they are NOT your friends". They are allowed to lie to you, but you cannot lie to them. They simply want to clear the case and if they serendipitously get the actual guilty party, then that's just a bonus.

[mrcheerful]

3. They use the arrest threats mainly to get folks to either talk to them or open the

door for them. You open your door to police they can claim they saw something suspicious inside your home which then gives them the right to enter your home. Best way to deal with cops on your door step is go out on the porch or door step and close the door behind you. Same thing when your pulled over, open the window far enough so you can talk to them but not far enough to stick their head inside the window, cops will claim they smell something funny, like pot smoke so they can search your car.

[Duende azul]

9. But if you step on the front porch,

you'll be handcuffed for disorderly conduct in public. You'll be hauled away.
Later on you have to have a beer with the cop and the president.

[backscatter712]

14. Getting arrested is better than talking.

If you're arrested for disorderly conduct, you're talking about a few hours at the county jail or police station. If you keep your mouth shut and lawyer up, you'll be free in a few hours, and the disorderly conduct charge will likely be dropped, and even if it isn't, it's not much more serious than a traffic ticket. That's what happened to Gates.

Just. Keep. Your. Mouth. Shut. or the cops will be railroading you on more serious charges and you'll be looking at thousands of dollars of fines and legal expenses, and possible jail time while your lawyer struggles to deal with a much bigger mess.

[pokerfan]

20. +1

They don't have your interests at heart. They don't necessarily even care about the truth. They will lie their asses off to save their butts -- I have experienced this "testi-lying" personally.

You have a constitutional right to remain silent.

[SmileyRose]

26. Who can afford the lawyer?

A couple of death penalty cases in Georgia has drained the public defender fund and most people I know can't come up with even 50 bucks for a lawyer, let alone $100s or $1000s

[HuckleB]

4. Well, there is the wealthy celebrity factor.

I'm not quite sure how much that plays a part.

ROTFLMAO!

[no_hypocrisy]

5. Here's the drill.

1. You don't have to talk to a cop who's stopped you.

2. If they ask for your ID, e.g., you're driving, you can silently offer the documents

3. Don't let cops come into your house, room, etc. UNLESS THEY HAVE A WARRANT. EVER. EVER. EVER. Same thing for letting them look or search your glove compartment, your trunk, or your car generally. Wait for the warrant. You won't be arrested for waiting for a warrant signed by a magistrate or a judge. It won't "count against" you.

4. Don't talk if threatened with an arrest warrant. And if you are arrested (even if it's wrong), don't talk to anyone (cops, cellmates, etc.) to "straighten it out". Call an attorney. I don't care if they tell you they'll keep you overnight, over the week-end, etc. Don't believe them. Get a lawyer and let your lawyer talk for you.

[mrcheerful]

21. Yep, its better to spend a night or 2 in a jail cell for refusing to talk to a cop then it

is to sit for 15 to 20 years in a prison because you waved your rights and tried talking yourself out of being arrested. Cops do not have their minds changed just because you talked to them, at best you get a short stay of freedom before they show up on your door step with an arrest warrant because you tired talking your way out of something. The only time that works is if you get lucky and don't admit to anything or the cops aren't really interested in pushing a case for whatever reason. Remember you are guilty till proven innocent in a court of law as far as the cops are concerned.

[pokerfan]

23. Cops lie

They are paid to lie. It is in their interest to lie. I have had a cop lie in my face. Once I was a designated driver and got pulled over. The real reason I got pulled over was that we were observed leaving a drinking establishment. But that is not probable cause in itself. The purported reason for the stop was that I was "weaving all over the road" which was a falsehood esp. considering that I was well aware of the cop following me as soon as we left the bar. I was stone cold sober. I submitted to a FST, something I would never do these days on general principle, and passed to the cop's apparent and obvious disappointment. But I know that had I failed, he would have sworn on a stack of bibles that I was all over the road, which I was not. Cops lie.

Cut to the chase. Ask the investigating officer to arrest you. They may or may not be dumb flat foots. But pushing it to a arrest/not arrest situation pretty much forces their hand.

[USA_1]

6. Nothing Will Stop the Cops From Arresting You

Don't talk? They'll put you in the pen with cons who'll make you pick up the soap. Try suing them after that and the whole world will laugh at you.

[backscatter712]

17. Like I said, if you shut up and lawyer up, you'll be out of jail in a few hours.

Take the Fifth, even if you get arrested. Disorderly conduct is not a serious offense, and if you just quietly let them take you into custody, you'll be out in a few hours.

[USA_1]

27. Better to Codify All This Into the Law

[provis99]

7. if you don't talk to cops, you will be arrested for disorderly conduct.

Not talking to cops is not an option, unless you have lots of money for a lawyer for an appeals court. That's why rich people can ignore cops, but the rest of us can't.

[Xicano]

12. That's a possibility even though its doubtful.

So lets say they do arrest you for disorderly conduct. Knowing a little bit of law yourself can go a long way in court.

For starters: During the preliminary trial just ask the prosecutor a few questions regarding standing. Ask the prosecutor if they filed a "valid cause of action?" They will have to say yes. Then ask them how many elements are required in a valid cause of action. Answering this question will pretty much impeach their case because as the supreme courts have held in hundreds of cases, the elements required for a valid cause of action are: 1) A violation of an individual right. 2) Injury or damage. 3) Redress-ability by the court.

This is in fact how the ACLU lost their case against the NSA with regards to their complaint against them pertaining toward warrantees wiretaps. Hundreds of supreme court cases cite that in order for the court(s) to have "subject matter jurisdiction" there must be a "corpus delicti." Of course there must be a corpus delicti to file a valid cause of action. The elements of a corpus delicti are the same as listed above for a valid case of action. There must be a violation of an individual right AND damage or injury. Without a corpus delicti there cannot be a valid cause of action. Without a valid cause of action the prosecution doesn't have valid standing. Without standing the court doesn't have subject matter jurisdiction. Everything after that is irrelevant.

So after asking the prosecution to articulate evidence of a complaining party who's individual rights were violated and who sustained damage or injury, ask the judge (to get it on record) if corpus delicti is a necessary component. Of course the judge will have to answer yes. Then move to dismiss the case on the bases that the prosecution's case fails the necessary components to file a valid cause of action.

No need for an expensive lawyer; just a little bit of knowledge will go a long way.

BTW, I mentioned this before here and someone mentioned damage against the aggregate known as the state. That does not apply because it is not the letter of the law with regards to the necessary components of a corpus delicti and a valid cause of action. This is backed up by numerous cases listed in American Jurisprudence. Remember, American Jurisprudence is NOT dicta, but, clippings of actual rulings.



Peace,
Xicano

[backscatter712]

16. Let them arrest you. BUT KEEP YOUR MOUTH SHUT AND LAWYER UP!!!

If all they can get you on is disorderly conduct, you'll be out of jail in a few hours with a charge barely more serious than a traffic ticket. And that charge will likely be quietly dropped if all you did was refuse to answer questions and quietly let them take you into custody.

Keep your mouth shut and lawyer up. If they arrest you, they can't do much more than detain you for a few hours until your lawyer comes and straightens things up.

If you open your mouth, that's when the professional liars smooth-talk you into a felony conviction.

[Xicano]

18. If my memory servers me: 72 hours.

They have 72 hours to arraign you = right to a speedy trial. Not to mention Miranda vs Arizona citing one's right to remain silent.

Take backscatter's advice. "KEEP YOUR MOUTH SHUT!"


Peace,
Xicano

[safeinOhio]

10. I went to a lecture by a NY homicide detective.

He said in 20 years he had only 2 suspects that would not say a word to them. They both skated.
Here's the deal, what ever you say they'll find a way to make you look bad. That is how they are trained. They can't go into court having no idea what you are going to say. They'll have no time or way blow holes in you story, be it true or false. At first they may lie to trick you. By law they can do that. They may say they don't think you did any thing so lets talk. Just say if that's the case, give written immunity to me and my lawyer and we'd be more than happy to talk. If you are worried about the "dropped soap" just tell them you are depressed and might..... They'll take away your cloths and give you a private room. Politicians and CEOs take the 5th, hey, you can too.

[imdjh]

11. With all his money and he lives in Orlando? I don't get it.

[backscatter712]

13. Remember, police officers are professional liars.

Rule number one. Don't talk to the police, except to invoke the magic words "I want to speak with my attorney." in various forms.

Doesn't matter what they say. They'll be all friendly and nice to you, say you're not in trouble, just answer a few questions and you'll be out of here, but when you do answer those questions, BAM! you're slapped with twenty felony charges, and instead of skating, you'll be forced into a plea bargain.

[Odin2005]

15. Only if you are rich.

If you are poor or black they will make up some excuse.

[cowcommander]

19. Never invite the "man" into your life

SOMEONE WITH THE POWER TO ARREST YOU WITH A SINGLE LIE IS -NOT- YOUR FRIEND!

[Greyhound]

22. Rules 1 - 3;

Say nothing beyond identifying yourself.

Never consent to anything, keep your mouth shut.

STFU.

There is no upside to talking to them, they are not interested in the truth or explanations and they are not on your side. They're only job is to build a case against you regardless of your involvement, guilt, or innocence.

Did I mention to keep your mouth shut?

[Kablooie]

24. BUT ... you should break this rule if you are married to one.

[Prometheuspan]

25. works great if your rich

if you are just an a average jo, the cops can and will arrest you for refusing to chat with them.

welcome to the difference between reality as it is, and the corrupt criminal injustice system and cops that we actually have,
versus the laws which we have which are only applied selectively.

We have a two track criminal injusticee system, one for the rich and one for the poor.

Most people who refuse to talk with cops end up talking with them any way. Most people who demand lawyers at that point get laughed at or knuckled in the face. Cops in this country lost their integrity years ago.