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What are my RIGHTS when it comes to talking to the police or opening my door at home to the police? What if I’m stopped in my car and searched by the police?

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If a Police Officer Stops You On The Sidewalk...

 If a police officer stops you and ask to speak with you, you are perfectly within your rights to say to the police officer "sir, I do not want speak with you, good-bye."New Law  At this point you should be free to leave. The police officer may not like this and may challenge you with words like,  "If you have nothing to hide, why won't you speak to me?" Just like the first question, you do not have to answer this question either.

  Police officers need your permission to have a conversation, never give it to them. There is NO law that says you must tell a police officer where you are going or where you have been, so keep your mouth shut and say nothing!

 The next step the police officer might take is to ask for identification. If you have identification on you, tell the officer where it is and ask permission to reach for it.


Probable Cause...

  A police officer has no right to detain you unless there exists reasonable suspicion that you committed a crime or traffic violation.  However a police officer is always allowed to initiate a "voluntary" conversation with you. You always have the right not to talk to or answer any questions the police may ask.

  Under the
Fourth Amendment of the U.S. Constitution, police may engage in "reasonable" searches and seizures.  To prove that a search is "reasonable," the police must generally show that it's more likely than not, that a crime has occurred and that if a search is conducted it is probable that the police officer will find evidence of the crime. This is called "probable cause."

  Police may use first hand information or tips from an informant "
Snitch" to justify the need to search your property or you. If an informant's information is used, the police must prove that the information is reliable under the circumstances to a judge.

  Here's a case when police officers took the word of a "
snitch," claiming he knew where a "drug dealer" lived. The police officers took it upon themselves to go to this house that the snitch had picked at random and kick in the door at 1:30 in the morning without obtaining a search warrant from a judge. The aftermath was six police officers firing over 30 shots and shooting an innocent man 9 times in the back as he laid on the ground.  Read Story

 

Can We Trust Police Officers?

  Are police officers allowed to lie to you? Yes the Supreme Court has ruled that a police officer can lie to a citizen when talking them. Police officers are very good at lying, twisting words and they are trained to be manipulative. Police officers and other law enforcement agents are very skilled at getting information from people. So don't try to out smart the police officer or try being a "smooth talker" because you will loose! If you can keep your mouth shut, you might just come out ahead more than you expected.

  The federal government created a law that says citizens can't lie to Federal agents and yet the government can lie to the public. Makes perfect since doesn't it? The best thing you can do is ask for a lawyer and keep your mouth shut. How can you be charged with something if you haven’t said anything?

  Although police officers may seem nice and pretend to be on your side they are wanting to learn your habits, opinions, and affiliations of other people not suspected of wrongdoing. Don't try to answer a police officers questions or try to "educate" him about your cause, it can be very dangerous! You can never tell how a seemingly harmless bit of information that you give to a police officer might be used and misconstrued to hurt you or someone else. Keep in mind that lying to a federal agent is a crime. "This why Martha Sturart went to prison, not for insider trading but for lying to a Federal agent."

 Police officers may promise shorter sentences and other deals for statements or confessions from you. The police cannot legally make deals with people they arrest, but they can and will lie to you. The only person who can make a deal that can be enforced is the prosecutor and he should not talk with you without a lawyer present.

 Teach your children that police officers are not always their friends and police officers must contact a parent for permission before they ask your child any questions. Remember police officers are trained to put you at ease and to gain your trust. Their job is to find, arrest and help convict a suspect and that suspect is you!

 

Lies That Police Officers Use To Get You To Talk...

 There are many ways a police officer will try to trick you into talking. It's always safe to say the Magic Words: "I'm going to remain silent and I want a lawyer."

 The following are common lie's the police use when they’re trying to get you to talk to them:

*  "You will have to stay here and answer my questions" or "You're not leaving until I find out what I want to know."

*  "I have evidence on you, so tell me what I want to know or else." (They can fabricate fake evidence to convince you to tell them what they want to know.)

*  "You’re not a suspect, were simply investigating here. Just help us understand what happened and then you can go."

*  "If you don’t answer my questions, I won’t have any choice but to take you to jail."

*  "If you don’t answer these questions, you’ll be charged with resisting arrest."

* "Your friend has told his side of the story and it's not looking good for you, anything you want to say in your defense?"

 

If The Police Arrest You...

  If you are arrested the police oficer can search you and the area close by. If you are in a building "close by" usually means just the room you are in. If during an arrest the police are allowed to take your personal belongings and they must give you a receipt for every item seized including your wallet and its contents, clothes, and any packages or items you were carrying when arrested.


"I DON'T WANT TO TALK UNTIL MY LAWYER IS PRESENT"

* Even if the police don't read your Miranda Rights to you, refuse to  say anything until your lawyer/public defender arrives. If you "voluntarily" talk to the police , then they don't have to read your Miranda Rights.

*  If you're arrested and can not afford an attorney, you have the right to a public defender. If you get a public defender always make it clear to the judge that the public defender is not representing you, but merely is serving as your counsel.

* Do not talk to other jail inmates about your case.

* Within a reasonable time after your arrest or booking, you have the right to make a local phone call to a lawyer, bail bondsman, relative or any other person. The police may not listen to the call to the lawyer.

* If you're on probation or parole tell your P.O. you've been arrested and say nothing else!


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