Dealing with Police
anarchore
all are necessarily bad people, but most of them will stick to the
letter of the law and not the spirit. Fuck the cops.
http://www.assatashakur.org/forum/guerrilla-propaganda-unit/13774-how-deal-w-pork-blue.html
How to Deal w/the Pork in Blue
Dealing with Police
In General
When dealing with the police, keep your hands in view and don't make
sudden movements. Avoid passing behind them. Nervous cops are
dangerous cops. Also, never touch the police or their equipment
(vehicles, flashlights, animals, etc.) - you can get beat up and
charged with assault.
The police do not decide your charges; they can only make
recommendations. The prosecutor is the only person who can actually
charge you. Remember this the next time the cops start rattling off
all the charges they're supposedly "going to give you."
Questioning
Interrogation isn't always bright lights and rubber hoses - usually
it's just a conversation. Whenever the cops ask you anything besides
your name and address, it's legally safest to say these Magic Words:
"I am going to remain silent. I want to see a lawyer."
This invokes the rights which protect you from interrogation. When you
say this, the cops (and all other law enforcement officials) are
legally required to stop asking you questions. They probably won't
stop, so just repeat the Magic Words or remain silent until they catch
on.
Remember, anything you say to the authorities can and will be used
against you and your friends in court. There's no way to predict what
information the police might try to use or how they'd use it. Plus,
the police often misquote or lie altogether about what was said. So
say only the Magic Words and let all the cops and witnesses know that
this is your policy. Make sure that when you're arrested with other
people, the rest of the group knows the Magic Words and promises to
use them.
One of the jobs of cops is to get information out of people, and they
usually don't have any scruples about how they do it. Cops are legally
allowed to lie when they're investigating, and they are trained to be
manipulative. The only thing you should say to cops, other than
identifying yourself, is the Magic Words: "I am going to remain
silent. I want to see a lawyer."
Here are some lies they will tell you:
* "You're not a suspect - just help us understand what happened
here and then you can go."
* "If you don't answer my questions, I'll have no choice but to
arrest you. Do you want to go to jail?"
* "If you don't answer my questions, I'm going to charge you with
resisting arrest."
* "All of your friends have cooperated and we let them go home.
You're the only one left."
Cops are sneaky buggers and there are lots of ways they can trick you
into talking. Here are some scams they'll pull:
* Good Cop/ Bad Cop: Bad cop is aggressive and menacing, while
good cop is nice, friendly, and familiar (usually good cop is the same
race and gender as you). The idea is bad cop scares you so bad you are
desperately looking for a friend. Good cop is that friend.
* The cops will tell you that your friends ratted on you so that
you will snitch on them. Meanwhile, they tell your friends the same
thing. If anyone breaks and talks, you all go down.
* The cops will tell you that they have all the evidence they need
to convict you and that if you "take responsibility" and confess the
judge will be impressed by your honesty and go easy on you. What they
really mean is: "we don't have enough evidence yet, please confess."
Jail is a very isolating and intimidating place. It is really easy to
believe what the cops tell you. Insist upon speaking with a lawyer
before you answer any questions or sign anything.
The Golden Rule: Never trust a cop.
The Miranda Warnings
The police do not have to read you your rights (also known as the
Miranda warnings). Miranda applies when there is (a) an interrogation
(b) by a police officer of other agent of law enforcement (c) while
the suspect is in police custody (you do not have to be formally
arrested to be "in custody"). Even when all these conditions are met,
the police intentionally violate Miranda. And though your rights have
been violated, what you say can be used against you. For this reason,
it is better not to wait for the cops – you know what your rights
are, so you can invoke them by saying the Magic Words, "I am going to
remain silent. I want to see a lawyer."
If you've been arrested and realize that you have started answering
questions, don't panic. Just re-invoke your rights by saying the Magic
Words again. Don't let them trick you into thinking that because you
answered some of their questions, you have to answer all of them.
Police Encounters
There are three basic types of encounters with the police:
Conversation, Detention, and Arrest.
Conversation:
When the cops are trying to get information, but don't have enough
evidence to detain or arrest you, they'll try to weasel some
information out of you. They may call this a "casual encounter" or a
"friendly conversation". If you talk to them, you may give them the
information they need to arrest you or your friends. In most
situations, it's better and safer not to talk to cops.
Detention:
Police can detain you only if they have reasonable suspicion (see
below) that you are involved in a crime. Detention means that, though
you aren't arrested, you can't leave. Detention is supposed to last a
short time and they aren't supposed to move you. During detention, the
police can pat you down and go into your bag to make sure you don't
have any weapons. They aren't supposed to go into your pockets unless
they feel a weapon.
If the police are asking questions, ask if you are being detained. If
not, leave and say nothing else to them. If you are being detained,
you may want to ask why. Then you should say the Magic Words: "I am
going to remain silent. I want a lawyer" and nothing else.
A detention can easily turn into arrest. If the police are detaining
you and they get information that you are involved in a crime, they
will arrest you, even if it has nothing to do with your detention. For
example, if someone gets pulled over for speeding (detained) and the
cop sees drugs in the car, the cops will arrest her for possession of
the drugs even though it has nothing to do with her getting pulled
over. Cops have two reasons to detain you: 1) they are writing you a
citation (a traffic ticket, for example), or 2) they want to arrest
you but they don't have enough information yet to do so.
Arrest:
Police can arrest you only if they have probable cause (see below)
that you are involved in a crime. When you are arrested, the cops can
search you to the skin and go through you car and any belongings. By
law, an officer strip searching you must be the same gender as you.
If the police come to your door with an arrest warrant, go outside and
lock the door behind you. Cops are allowed to search any room you go
into, so don't go back into the house for any reason. If they have an
arrest warrant, hiding won't help because they are allowed to force
their way in if they know you are there. It's usually better to just
go with them without giving them an opportunity to search.
Reasonable Suspicion vs. Probable Cause
Reasonable suspicion must be based on more than a hunch - cops must be
able to put their suspicion into words. For example, cops can't just
stop someone and say, "She looked like she was up to something." They
need to be more specific, like, "She was standing under the overpass
staring up at some graffiti that hadn't been there 2 hours ago. She
had the same graffiti pattern written on her backpack. I suspected
that she had put up the graffiti."
Cops need more proof to say they have a probable cause than to say
they have a reasonable suspicion. For example, "A store owner called
to report someone matching her description tagging a wall across the
street. As I drove up to the store, I saw her running away spattered
with paint and carrying a spray can in her hand."
Searches
Never consent to a search! If the police try to search your house,
car, backpack, pockets, etc. say the Magic Words 2: "I do not consent
to this search." This may not stop them from forcing their way in and
searching anyway, but if they search you illegally, they probably
won't be able to use the evidence against you in court. You have
nothing to lose from refusing to consent to a search and lots to gain.
Do not physically resist cops when they are trying to search because
you could get hurt and charged with resisting arrest or assault. Just
keep repeating the Magic Words 2 so that the cops and all witnesses
know that this is your policy.
Be careful about casual consent. That is, if you are stopped by the
cops and you get out of the car but don't close the door, they can
search the car and claim that they though you were indicating consent
by leaving the door ajar. Also, if you say, "I'd rather you didn't
search," they can claim that you were reluctantly giving them
permission to search. Always just say the Magic Words 2: "I do not
consent to this search."
If the cops have a search warrant, nothing changes - it's legally
safest to just say the Magic Words 2. Again, you have nothing to lose
from refusing to consent to a search, and lots to gain if the search
warrant is incorrect or invalid in some way. If they do have a search
warrant, ask to read it. A valid warrant must have a recent date
(usually not more than a couple of weeks), the correct address, and a
judge's or magistrate's signature; some warrants indicate the time of
day the cops can search. You should say the Magic Words 2 whether or
not the search warrant appears correct. The same goes for any
government official who tries to search you, your belongings, or your
house.
Infiltrators and Informants
Undercover cops sometimes infiltrate political organizations. They can
lie about being cops even if asked directly. Undercover cops can even
break the law (narcs get hazard pay for doing drugs as part of their
cover) and encourage others to do so as well. This is not legally
entrapment.
FBI and other government agents
The essence of the Magic Words "I'm keeping my mouth shut until I talk
to a lawyer" not only applies to police but also to the FBI, INS, CIA,
even IRS. If you want to be nice and polite, tell them that you don't
wish to speak with them until you've spoken with your lawyer, or that
you won't answer questions without a lawyer present. If you are being
investigated as a result of your political activity, you can call the
National Lawyers Guild at (415)...; they will help you find a lawyer
you can talk to.
Taking Notes
Whenever you interact with or observe the police, always write down
what is said and who said it. Write down the cops' names and badge
numbers and the names and contact information of any witnesses. Record
everything that happens. If you are expecting a lot of police contact,
get in the habit of carrying a small tape recorder and a camera with
you. Be careful - cops don't like people taking notes, especially if
the cops are planning on doing something illegal. Observing them and
documenting their actions may have very different results; for
example, it may cause them to respond aggressively, or it may prevent
them from abusing you or your friends.
Conclusion
People deal with police in all kinds of circumstances. You must make
an individual decision about how you will interact with law
enforcement. It is important to know your legal rights, but it is also
important for you to decide when and how to use them in order to best
protect yourself.
Canuck57
"anarchore" <anar...@reborn.com> wrote in message
news:331837d7-2be6-41cb...@x6g2000prc.googlegroups.com...
What? Did the cops bust you this morning for defacing another christian old
ladies car while they were in church? I can't believe you were so proud of
that.
Bill Smith
Our great police force are mostly good honest people.
When you consider that we have can generally feel safe in Canada,
The only people who would need evasive advice are those who have
something to hide or are in fact criminals.
DevilsPGD
<billinc...@hotmail.com> was claimed to have wrote:
>If you have nothing to hide, You have nothing to worry about.
>
>Our great police force are mostly good honest people.
>
>When you consider that we have can generally feel safe in Canada,
>The only people who would need evasive advice are those who have
>something to hide or are in fact criminals.
Sadly, so far from true it's not even funny. Take a look at the first
video below, and the second if you want (although the first is the truly
informative one)
http://www.thedave.ca/randomjibberish/why-you-should-never-talk-to-the-police/
This is obviously US focused, but with both US and Canada having similar
common law roots, most of the rationality applies here too.