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Thread: [Video] How to Avoid Being Searched and Arrested by Cops

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    Lightbulb [Video] How to Avoid Being Searched and Arrested by Cops

    BUSTED: The Citizen's Guide to Surviving Police Encounters

    Created by Flex Your Rights and narrated by retired ACLU director Ira Glasser, BUSTED realistically depicts the pressure and confusion of common police encounters. In an entertaining and revealing manner, BUSTED illustrates the right and wrong ways to handle different police encounters and pays special attention to demonstrating how you, the viewer, can courteously and confidently refuse police searches.
    Must see movie. Extremely good advice everybody should know. Reliable information and most of it applies to all countries in the Western hemisphere. 45 minutes but worth every second. This could be the most important movie you ever saw in your life.

    http://www.youtube.com/watch?v=yqMjMPlXzdA
    http://video.google.com/videoplay?do...LIXP-AasxKyJCA
    http://www.asterpix.com/console/?avi=20014211
    This is a placeholder for a signature.

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    Cool Re: [Video] How to Avoid Being Searched and Arrested by Cops

    This is a very useful video. I never intend to smoke marijuanna or let underage collage kids drink at my house but the points about not giving up your rights are valid for anyone.

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    Thank you very much! It can really be useful (although I'm not in the marijuana stuff neither)...

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    I'd like to see a video on how to deal with officers who knowingly make false arrests. They're a dime a dozen in this country of ours.
    Last edited by flemish; Sunday, November 29th, 2009 at 10:06 AM. Reason: misspelling

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    Cool

    This reminds me of John Harris' "It's an illusion".

    http://enresist.com/wordpress/?page_id=132


    But I seriously would not suggest trying it, if you have ever had to deal with a British Police Officer then you will know what I mean.

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    Hm thanks for the link. Nothing new as far as i am concerned, but a good reminder anyway. I once found a small booklet written by a leftist organisation on the university with the same contents. Don´t exist anything like the "rote hilfe" (red help) on our side, or am i just not aware?

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    The right to remain silent is a legal right of any person. This right is recognized, explicitly or by convention, in many of the world's legal systems.

    The right covers a number of issues centered around the right of the accused or the defendant to refuse to comment or provide an answer when questioned, either prior to or during legal proceedings in a court of law. This can be the right to avoid self-incrimination or the right to remain silent when questioned. The right usually includes the provision that adverse comments or inferences cannot be made by the judge or jury regarding the refusal by a defendant to answer questions before or during a trial, hearing or any other legal proceeding. This right constitutes only a small part of the defendant's rights as a whole.
    http://en.wikipedia.org/wiki/Right_to_silence

    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.

    Don't Talk to Cops, Part 1


    Don't Talk to Cops, Part 2


    Flex Your Rights (Flex), a 501(c)(3) educational nonprofit, was launched in 2002. Our mission is to educate the public about how basic Bill of Rights protections apply during encounters with law enforcement. To accomplish this, we create and distribute the most compelling, comprehensive and trustworthy know-your-rights media available.
    Also potentially useful:

    How To Write Your Name Under Duress

    1) To attempt to exempt yourself of liability and indicate that you are under duress while autographing/signing your name, you must write it in both upper AND lower case letters.

    We have all heard about the legal straw men that corporate governments set up on our behalves when we are born. The names of these straw men are ALWAYS written in ALL upper case letters. In order to distance yourself from this straw man, it is imperative to AUTOGRAPH/SIGN YOUR NAME DIFFERENTLY. Capitalize your first, middle and last names, as well as any prefixes and suffixes. If they just want your first and last name, autograph your middle name as well. Also add a prefix and suffix if possible.

    EXAMPLE: Instead of autographing/signing “JOHN SMITH,” write:

    “Mr. John Allen Smith, III” [minus the quotation marks].

    2) You must make it known that you were forced to sign your name UNDER DURESS.

    DURESS: “Unlawful pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform.”

    There are 2 ways to do this. The first is by adding the letters “V. C.“ before your autograph/signature. This stands for “Vis Compulsiva,” a Latin term meaning “a compulsive force exerted by menace or terror to compel another to do an act against their will.”

    EXAMPLE: Instead of autographing/signing “JOHN SMITH,” write:

    “V. C. John Smith” [minus the quotation marks].

    The second method is to use an ellipsis [“. . .”] before your name. An ellipsis is a series of dots [like a periods] which refer to an omission in the text. This makes it known that there were things which you were unable to state, but were forced to autograph anyways.

    EXAMPLE: Instead of autographing/signing “JOHN SMITH,” write:

    “. . . John Smith” [minus the quotation marks].

    3) Adding the words “Under Protest” to your name should appease the UCC [Uniform Commercial Code] gods when it comes to retaining your rights. The terms “With Prejudice,” “Without Acceptance” and “Of Necessity” can convey the same sentiments.

    EXAMPLE: Instead of autographing/signing “JOHN SMITH,” write:

    “John Smith

    (Under Protest / With Prejudice / Without Acceptance / Of Necessity)” [minus the quotation marks].

    4) For best results, combine ALL of these methods.

    EXAMPLE: Instead of autographing/signing “JOHN SMITH,” write:

    “. . . V. C. Mr. John Allen Smith, III

    (Under Duress / With Prejudice / Without Acceptance / Of Necessity)”
    [minus the quotation marks].
    Source

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    How To Deal With Police Officers - Magic Words?

    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 (respectfully) 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 â¤" 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) 582-1055; 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
    http://www.rense.com/general72/howto.htm

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