DO NOT TALK TO THE COPS
I HAVE NOTHING TO SAY
"GOOD MORNING! My name is Investigator Holmes. Do you mind answering a few simple questions?" If you go to your door one day and are greeted with these words, STOP AND THINK! Whether it is the local Police or the F.B.I. at your door, you have certain legal rights of which you ought to be aware before you proceed any further.
In the first place, when the law enforcement authorities come to see you, there are NO "simple questions". Unless they are investigating a traffic accident, you can be sure that they want information about somebody. And that somebody may be you!
Rule number one to remember when confronted by the authorities is that there is NO law requiring you to talk to the Police, the F.B.I., or a representative of any other investigative agency. Even the simplest questions may be loaded and the seemingly harmless bits of information which you volunteer may later become vital links in a chain of circumstantial evidence against you or a friend.
DO NOT INVITE THE INVESTIGATOR INTO YOUR HOME!
Such an invitation not only gives him the opportunity to look around for clues to your lifestyle, friends, reading material, etc; but also tends to prolong the conversation. And the longer the conversation, the more chance there is for a skilled Investigator to find out what he wants to know. Never open your door to an Officer. They can shove their way in. Don't open your door with the chain-lock on, either. Police are known to kick in doors. I should add, that when you let a Police Officer into your house, then he is automatically authorized to do a weapons search (supposedly for his own protection) and this can lead to all kinds of problems!
Many times a Police Officer will ask you to accompany him to the Police Station to answer a few questions. Often, the authorities simply want to photograph a person for identification purposes, a procedure which is easily accomplished by placing him in a private room with a two-way mirror, asking him a few simple questions, and then releasing him. NEVER agree to go to the Police Station. Simply say, "I have nothing to say."
If the Investigator becomes angry at your failure to cooperate and threatens you with arrest ... STAND FIRM. He can't legally place you under arrest or enter your home without a warrant signed by a Judge. (There are exceptions to this however, as in instances where he has witnessed you commit a crime, and there are times, too, where he can enter without showing a warrant up front, known as a 'no knock' entry.) However, if he indicates that he has such a warrant, ask to see it. We've heard of Cops waving a piece of paper around, claiming it was a warrant. A person under arrest or located on the premises to be searched, generally must be shown a warrant if he requests it, and must be given a chance to read it.
Without a warrant, an Officer depends solely upon your helpfulness to obtain the information he wants. So, unless you are quite sure of yourself, don't be helpful. (Note: Don't fool yourself into thinking you can talk or lie your way out of the situation. Don't be smug and think, "All Cops are stupid" and you can pull a 'fast one.' Most Police are smart individuals, they're good at what they do, and the only thing you will do is talk yourself into jail.)
Remember, talk is cheap! But when it involves law enforcement authorities, it may cost you, or someone close to you, dearly. Remember the 5 words -- "I HAVE NOTHING TO SAY." It has worked for us many, MANY times. And it will work for you!
WHAT TO DO WHEN STOPPED BY THE POLICE:
-Stay calm and keep your hands where the police can see them.
-Don�t argue, complain, bad-mouth or resist arrest, even if the police are unreasonable; it will only make your situation worse.
-Hand them the �Rights� card, above. Otherwise say, �I have nothing to say�; then make no statements or comments.
-Remember anything you say can and will be used against you, even if officers have not read you the �Miranda Rights�!
-Remember police badge numbers and patrol car numbers.
-If not in custody, write down everything that happened, ASAP.
-Try to find witnesses, get their names and phone numbers.
-If you are injured, seek medical attention, but also get photographs of the injuries, ASAP.
-If arrested, ask for a lawyer immediately.
1) You don�t have to answer a police officer�s questions, but you must show your license, registration and insurance when stopped in a car. In other situations, you can�t legally be arrested for refusing to identify yourself to an officer.
2) You don�t have to consent to any search of your person, your car or your house - and therefore you should not consent. If the police say they have a warrant, ask to see it. Still; do not consent to a search even if they have a warrant, make them rely on the warrant; warrants can be defective.
3) You can be arrested for obstructing or interfering w/police.
IF YOU ARE STOPPED FOR QUESTIONING:
1) It�s not a crime to refuse to answer questions. You can�t be arrested merely for refusing to identify yourself on the street. You can hand them your �Rights� card and say nothing. If in a car you must supply license, registration and proof of insurance.
2) Police may stop and detain you only if they have a reasonable suspicion that you have committed, are committing or are about to commit a crime.
3) If police have a reasonable suspicion to believe you have a weapon they may perform a frisk and pat down your clothing. Don�t physically resist, but you can make it clear you don�t consent to such a search or any further search.
4) You can ask if you are under arrest. If you are, you have a right to know, and a right to know why.
IF YOU ARE STOPPED IN YOUR CAR:
1) Upon request, show driver�s license, registration, and proof of insurance. In certain cases, your car can be searched without a warrant as long as the police have probable cause. To protect yourself, you should make it clear that you do not consent to any search. It is not legal for the police to arrest you simply for refusing to consent to a search.
2) If you�re given a ticket, you can be arrested for refusing to sign it. If you sign, you can still fight the charge in court.
3) If you�re suspected of drunk driving and refuse to take a breath, urine or blood test, your license may be suspended and your car taken away. If possible, insist on a blood test; it is harder to tamper with, it is easier to challenge in court, and usually takes longer to administer - sometimes you must go to a hospital and wait hours for a doctor or nurse.
IF THE POLICE COME TO Y0UR HOME:
1) Don�t admit the police without a warrant signed by a judge. Block the door and don�t let them squeeze past.
2) However, in emergency situations (e.g., person screaming, chasing a suspect) police are allowed to enter and search your home without a warrant.
3) If you are arrested in your home or office, police can search you and the area within your reach, and can also search any criminal items or activity in plain view.
IF ARRESTED OR TAKEN TO A POLICE STATION:
1) You have the right to remain silent and/or to talk to a lawyer before you talk to the police. Tell the police you will not answer any questions or that you will not answer questions without a lawyer. Then don�t answer questions!
2) If you have a lawyer, ask to see him immediately. If you can�t afford a lawyer, you have a right to a free one once your case goes to court. You can ask the police how a lawyer can be contacted. Don�t say anything else about your case without a lawyer.
3) Within a reasonable time after your arrest or booking, you can ask the police to contact a family member or friend. If you are permitted to make a phone call, be aware anything you say may be recorded or listened to! Be very careful of what you say and never talk about the facts of your case over the phone.
4) Sometimes you can be released without bail, or have bail lowered. You must be taken before the judge within 24 hours after your arrest.
CALL THE 24 HOUR ARYAN UPDATE HOTLINE (574) 267-5036
Copyright © 2009 The Insurgent
P.O. BOX 401
Warsaw, In 46581