View Full Version : Know Your Rights! Don't Ever Talk To The Cops!
Dr.Evil
03-18-2002, 01:26 PM
needless to say, we live in one of the best countries in the world because we citizens are given so many basic rights for our own protection. unfortunately many don't have full knowledge of these rights or don't understand the importance of upholding these rights.
by being in this lifestyle you're putting yourself at risk for getting a visit by law enforcement. the risk may be very small depending on how careful you are and what risks you take, but it's still there, so it is very important that you understand what your rights are if you do get a visit and be prepared for what you should do.
when being questioned by law enforcement, never say anything! never sign anything to waive your right to remain silent. this is a very important right, so don't deny yourself of it! the feds will threaten you saying that the judge will frown on you for not cooperating with the investigation, but that all bullshit. remember, the reason they would get frustrated is because they're looking for as much evidence as they can to convict you in the court of law and they're hoping that much of this evidence will come from your mouth. if you don't talk then they can't use that against you in the court of law, so they get pissed. uphold your constitutional right to not talk to law enforcement, even if they just want to ask you questions about someone else. a statistic given to me by a lawyer says that 90% of people arrested for the first time waive their right to remain silent and ends up talking either out of fear, ignorance, or the belief that they can convince law enforcement of their innocence. this statistic goes way down for 2nd and 3rd time offenders when they learn that talking can only hurt them. even if you're completely innocent, the cops can twist your words around and make you look guilty in court. i've seen it happen before. if your explanations of innocence really makes sense do you think the feds are going to provide that as evidence in court to help you out? hell no! they leave out anything you say that may help you and keep anything that makes you look incriminating. bottom line: NEVER TALK TO THE FEDS NO MATTER HOW MUCH THEY THREATEN YOU
a good place to store your valubles away from feds attention is a friend's home. if he's not willing to take on the responsibility then put it in a gym locker or storage facility. search warrants almost never encompass these places.
never consent to a search of your house. it doesn't matter if they show you a search warrant or not. they'll search anyway if they have a warrant, but just let it be on record that you did not give permission to search because the warrant usually has restrictions as to how much the feds can search and what they can take, but if you give consent to search then that will superscede any limitations of the search warrant.
never consent to a search of your vehicle if you have anything to hide. the only way they can legally search your vehicle and use the evidence they find against you in court is if they have a search warrant or your permission. you will not be arrested if you uphold your right to not let them search you car.
Canes4Ever
03-18-2002, 01:35 PM
From one post whore to another, that's good advice Dr. Evil.
silverfox
03-18-2002, 01:41 PM
Or move to canada, we can have personal amounts no problem just as long as they can't prove you brought or are selling them. Go figure that law out....
gettinthere
03-18-2002, 01:43 PM
I never let them search my car, regardless of what I do or dont have in it. i think its kind of ****ed up that a cop thinks he can just look through my shit because I'm driving late at night or whatever. When i'm with my friends they always consent to search because they're scared. Of course if you say no they ask what you're hiding and I just say i'm protecting my privacy. One cop went on and on with me and kept bugging me about it for five minutes straight so I told him that I would follow him to his house, go through his personal car and house, then he can search mine. He let me go.
Ironweb
03-18-2002, 02:04 PM
That is good advise Dr. Remember when you talk now they know what they know and what you know. Keep your mouth shut and get a lawyer if you can not afford one then one will be appointed to you. Maranda (if i spelled that right) 101 rights.
tryingtogetbig
03-18-2002, 02:04 PM
I have many friends that have "given" in to cops before because the cops were telling them they are "friends", or will they will work with you if you work with them!!!! That's BS.
A cop that pulls you over or comes to your house is not your friend!!!! No matter what they say or how they say it! It is their job to get evidence against you. If they don't get evidence, they are not doing their job effectively. So, in other words, if you don't cave in to their demands, their job is not being done not effectively and they will have to go someplace else.
Many times they word their question for consent in very ambiquos (sp?) manner. "Please get out of the car" Is that asking you if you will get out of your car or demanding you to get out of your car? "We are going to search your car now, ok" Theoretically, you do not have to do anything unless you have been arrested, i.e. in your autiomobile. You can ask the officer if you are under arrest, and if he says no, say "Sir, I would rather stay in my car right now" or "Sir, I do not want you to search whatever". Many times, just being polite and saying "no" will cut them off. Many people don't realize you can do certain things, they just assume that if a cop says something then it has to be done. Very good post Dr E.
peace,
ttgb
gettinthere
03-18-2002, 02:14 PM
ttgb,
You are right about most of that, but if a cop asks you to step out, you have to do so. they may be trying to ascertain (ooh good word!) your sobriety. You dont necessarily have to be under arrest. You can actually be arrested for failure to obey an order from a public officer. Example: A friend of mine parked illegally in front of my apts. A parking enforcement officer pulled up and called a tow truck. Before the truck got there he went out to move the car, even though the lady told him he wasn't allowed to. After he did anyway, the real cops showed up and took his ass to jail for failure to obey her. The judge convicted him and he got 15 hours c.s. We were both a little surprised about that. So basicly if a cop orders you to do something, do it. Its probably ok if you ask, "are you ordering me to do this?" if you really want to. Also, cops can briefly look inside your car without any warrants or permission, they get away with this by saying they're checking for weapons that you could decide to use on them, so they look on and even under the front two seats.
Just an additional comment. Many think that the police have to tell you the truth. One of their biggest tactics in setting you up and getting you to talk and hurt your case is that they will lie to you in order to get under your skin and have you say something that will get you in more trouble. When the police are speaking to you they can lie, lie, and lie some more in an attempt to get you upset enought to say something. For example they like to seperate people when questioning tehm, partly to keep you from hearing the others person's story (in case they don't match) but also so they can lie and say the other person said something to implicate you. This is in hopes that you will either turn on the other person or slip up and implicate yourself. Good post, best to keep your mouth shut, talk to a lawyer only, deal with it in court.
tryingtogetbig
03-18-2002, 02:21 PM
Anytime a cop "demands" you to do something, do it or risk getting your ass beat or shot.
Sometimes their "demand" is not truly a demand though. Many people do not realize this. The other thing I mentioned was "be polite" and to say "yes sir, no sir".
In the case with the car, the law had already been broken (car parked illegaly) and your buddy was interfering with an officer.
If a cop "asks" you to step out, you can answer "sir, no thanks". If a cop "tells" you to step out, get the hell out of your car!!!!!
But that's what I was saying, many times the cops are not clear on how they say things. Then when it comes to court and your attorney is trying to claim illegal search and seizure, the DA says not true because you voluntarily got out of your car and you let them search it!!!
peace,
ttgb
gchild
03-18-2002, 02:41 PM
As a newbie....this is a great post. Thanx Dr. Evil for lookin' out for all of us. Thanx for the knowlegeable post.
Billy Boy
03-18-2002, 02:53 PM
Glad I live in the UK sometimes when it comes to AAS
Deadend
03-18-2002, 02:56 PM
your stock is rising, Dr. Evil:lol:
Canes4Ever
03-18-2002, 03:21 PM
Originally posted by Billy Boy
Glad I live in the UK sometimes when it comes to AAS
Like the new avatar Billy Boy ! :D
gettinthere
03-18-2002, 04:10 PM
I see what you're saying now ttgb, I read your post too fast the first time. You're right on. And scott, about them lying, you couldn't be more right about that. I have seen so many people fall into that trap! I have had a cop threaten to take me to jail because I wouldn't tell him who two people racing motorcycles down my street were. I kept telling him i didn't know them and take me to jail if he wants. Needless to say, he didn't!
bigwillster
03-18-2002, 05:04 PM
Another great post by Dr. Evil. Good looking out bro.
BIG_JDAWG
03-18-2002, 06:59 PM
Dr.Evil, again you amaze me. you have some of the best posts on here. thanks for the GREAT info. i know you have been a big help not only to the new guys, but even to the vets. i think your status should be changed to "Wiseman" lol :D
Big J
Dr.Evil
03-19-2002, 01:14 PM
i'm happy i can help.
Dr.Evil
03-20-2002, 01:35 PM
bump
hammerhead
03-20-2002, 10:12 PM
Bump again.
I've consented to searches by the police of my car because I knew they could find nothing and I wanted to go on my way. That may have been a mistake. Being in a hurry and wanting to cooporate with the cops to satisfy them so you can get on with life may be another flaw of common interaction with law enforcement. The "I just want to look under your seat" request is tantamount to saying "You may search my car" from a legal perpective. Be careful to what you consent and remember in the court of law it's your word against the police officer - if you really think they're going to be honest i've got some land in south Florida i'd like to sell you.
popeyethasailah
03-21-2002, 05:51 AM
hey, this information is awesome. i guess there is a lot i dont know about the law, and if any of you have any good internet links or books that explain this kind of shit, i would definetly appreciate some info on that, thanks a lot.
popeyethasailah
03-21-2002, 05:53 AM
the main reason, and its a little off topic...i got a speeding ticket, and i wasnt going even 10mph close to the speed he gave me, have no idea as to what i can do to save my ass. there must be some stuff and im constantly looking, i will lose my liscence for a whole year if convicted for this.
Nice post. I'm happy that I live in Belgium
ROOKIE22
03-21-2002, 06:37 AM
Just one point to add. I don't know about all fifty, but in New Jersey in order for a poice officer to even ask you to conduct a consensual search of your vehical they will first need reasonable suspition. If you gave him no reasonale suspition ask him what he has on you. Some cops make things up after a finding has been made. Throw them off by asking them questions. If you come across like you have knowledge of laws it could change the way they will deal with you. They will be less likely to break any of your constitutional rights. Police get away with breaking rights every day because not enough people know them.........
Dr.Evil
03-21-2002, 11:27 AM
Originally posted by popeyethasailah
the main reason, and its a little off topic...i got a speeding ticket, and i wasnt going even 10mph close to the speed he gave me, have no idea as to what i can do to save my ass. there must be some stuff and im constantly looking, i will lose my liscence for a whole year if convicted for this.
unfortunately you will have to pay for a lawyer if you want to fight this. it's hard for cops to prove in a court of law that you were speeding.
ROOKIE22
03-21-2002, 11:57 AM
Originally posted by popeyethasailah
the main reason, and its a little off topic...i got a speeding ticket, and i wasnt going even 10mph close to the speed he gave me, have no idea as to what i can do to save my ass. there must be some stuff and im constantly looking, i will lose my liscence for a whole year if convicted for this.
Hey man there are a lot of things you can do for this. the first and easies thing is (plead not guilty) then talk to the prosecuter, explain what happened and how you feel you were not even close to the speed to were ticketed for. then be willing to pay a fine but ask for the points to be dropped.
All they want is the money. They will most likely change the charge to a general unsafe operation ticket.
If they will not do that then continue with your not guilty plea and state your case in front of the judge.
this all goes out the window if you were traveling at an extremely high rate of speed.
Safe driving
Shredz
03-21-2002, 12:40 PM
u never fail us..another great post
Dr.Evil
04-28-2002, 08:46 PM
bump
Canes4Ever
04-28-2002, 11:34 PM
how about a bump for dr. evil !
Kasushi sakuraba
04-30-2002, 04:04 AM
I don't know about you guys but I am really starting to like this Dr. Evil guy he is far from evil! Everytime he post it is nothing but goodness! Change your name to Mr. Nice Guy, or something Bump!
tryingtogetbig
04-30-2002, 05:10 AM
Originally posted by Kasushi sakuraba
I don't know about you guys but I am really starting to like this Dr. Evil guy he is far from evil! Everytime he post it is nothing but goodness! Change your name to Mr. Nice Guy, or something Bump!
I have liked him for a long time!! :lol:
Evil or not, he's the man!
Bump
peace,
ttgb :lift:
Canes4Ever
04-30-2002, 02:53 PM
bump again and I vote for STICKY status ! :clapping:
dieseldez
05-09-2002, 05:34 PM
hey thats all well and good fellas here some more tips if you get caught speeding with radar ask for the calibration ticket each gun has to be calibrated everyday, and if you have to get a lawyer for anything remember what ever you say to him is what he has to use in court they arent allowed to lie in a court of law peace fellas
tryingtogetbig
05-09-2002, 05:51 PM
Originally posted by dieseldez
...and if you have to get a lawyer for anything remember what ever you say to him is what he has to use in court they arent allowed to lie in a court of law peace fellas
An attorney not allowed to lie in court?? I don't know too many attorneys that ever tell the truth in court!!! Honestly! And I know a lot of attorneys!! Not sure what you are saying here bro so help me out. :unsure:
peace,
ttgb :lift:
jeffylyte
05-10-2002, 04:52 PM
FYI
Here is a decent site for some info on the Law (and a potential lawyer for you if you are caught in NY)
http://www.steroidlaw.com/
john bench
10-14-2002, 11:00 PM
Great post.:dg:
Full Frontal
10-29-2002, 02:07 AM
bump
pcity
10-31-2002, 02:26 AM
bump That was a good post bro.
There are many tricky ways cops can be allowed to search your vehicle even if you don't give consent. All they need is probable cause to search then it doesn't matter what you say.
example: I was pulled over one night for speeding. The cop asked to search my vehicle and I said no. He then called in the k-9 unit. When he showed up the cop walked him around my car speaking german and the dog barked. Well, thats probable cause and they searched my car. I was lucky there was nothing to find So later that night I was released. About 6 months later I met the same k-9 cops daughter at a party. After finding out who her dad was, I told her about when I had been pulled over. She told me that most k-9 dogs in U.S. are trained to act on german commands so that most people don't know what command the cop is giving to the dog. She then told me that they have a command to make the dog bark. Which then gives them probable cause. It makes sense. The dog barked at my car even though I had no drugs, And there had never been any drugs in the car( I had just bought it 3 days before). So, police can pretty much find a way to do anything they want if they want it bad enough.
Nocturnal59
06-13-2003, 03:43 PM
NEVER NEVER NEVER SAY A WORD ABOUT ANYTHING WHEN TALKING TO THE POLICE!!
I was handcuffed to a desk for 16 hours when being questioned on something they thought I did. These mother ****ers waited till friday night so I would have to spend the weekend in jail, to wait for court on moday. At first they will be your best friend joking around with you and ask if you want something to drink, but once they don't get what they wan't they will get in your face screaming and telling you they will personaly make your life a living hell. Then when you have to take a piss because you drank the water they gave you, they say "No".
They told me to sign this paper which stated I understood my marander rights, but when I read it, it was a statement they wrote up that said I had commited this crime. They are tricky little ****ers.
Never sign anything NO MATTER WHAT THEY SAY.
Good luck telling the judge that you thouht you were only signing a paper stating that you understood your marander rights.
I don't want to get to much into it but I said nothing and signed nothing, there for I got nothing. I would recommend don't do anything illegal in the first place and if you do have something illegal, don't keep it in your car. Police can basicly do whatever they want and it will be your word aganst theirs. Who do you think the judge will believe?
Nocturnal59 they did a similar thing to me that same night when they didn't find any drugs in my car they said that I smelled like alchohol. So they took me to the station and like you they handcuffed me to a chair and question me for six hours about drugs, they never even checked me for alchohol content. When they didn't get any information from me they started looking through their lawbook looking for something to charge me with. They probably would have buried me in bullshit charges, but i lucked up, someone i knew saw me pulled over and called my sister. She called my lawyer. I would have loved to of had a picture of the cops faces when my lawyer walked in even though they hadn't given me my phone call yet. Needless to say with my lawyer there I was released. I would have hated to see what would have happened to me if he didn't show up.
sae1859
10-11-2003, 04:33 AM
the info Dr. Evil supplied is great, but what people need to realize is the limitless boundaries of "probable cause". And unless you know the law to a very specific degree where you scare the cop, they are allowed to do what they want. a cop normally does not give up with u saying "No" simply because he doesn't probabable cause at the time, unless the cop has dealt with legal troubles before, which is pretty rare, since the law is on their side, not yours. In these types of situations at least. But yes, don't say yes to a search, because whatever happens during the confrontation is more than vital to any litigation that happens later. Because if the cop ****s up, it is to your benefit.
hoss827
10-28-2003, 08:16 AM
Last year I was accuse of counterfeiting money...I didn't. The kid that was my age (15 at the time), that did do it ratted everyone out so he would get more time off his sentence. I guess he thought to himself "what the hell, I hate this guy, i might as well take him down with me.". He said i was his "Bestfriend" total crap... I was taking my biology final, the secret service came in and said when I was done they needed to ask me some questions. I freaked out on that pretty bad and hurried through the final. I went into the liason officers office and the SS and he began questioning me. My mom was in there, flipping out as usual. The cop kept asking me the SAME questions...over and over. I had nothing to hide, nothing against me, so I told him everything I knew, but i guess he thought i was involved...I think he was trying to break me.
He kept asking the same thing for 3 straight hours, until I finally said "look goddamit, I have nothing to do with this, i've told you what I know. Now eiether arrest me or you let me go." ...He let me go. The kid wouldn't have gotten caught if he hadn't ran around the locker room with 100$ printed off screaming "LOOK I COUNTERFEITED THIS!" ....some people are so ****in stupid.
hoss827
10-28-2003, 08:19 AM
The only reason I didn't hit this kid in the office was the SS and the officer probably would have figured the reason i hit him was because he snitched me out, even though I was innocent. I'm a smart cookie sometimes :dg:. Think like a cop, think how he would try and trick you into telling him what he wants to hear, and you'll be okay.
TheSevnthWarrior
10-31-2003, 04:31 PM
Like the new avatar Billy Boy ! :D
His is Cool, Yours Sucks - Go Seminoles!! Chop Chop!
LOL, J/K Bro!
LuvMuhRoids
11-11-2003, 04:16 PM
Supreme court ruling sais there is no expectation of privacy of your vehicle. So the vehicle does not fall under the scope of the 4th amendment. Also the officer can search the vehicle incident to an arrest for officer safety. Also they can do whats called a plain view doctorine. Anything in plain view is admissable. Also because of the moving vehicle doctorine. Any vehicle that is mobile falls under this scope and can be searched under whats called a warrantless seach. This includes boats and the such...
Any more questiong ask away..im your man
Cutthroat
01-03-2004, 09:38 AM
Great post guys. But does anyone have any info on UK laws?
LilVito469
01-27-2004, 10:15 PM
I wanted to reply when he said that you can not be arrested for not letting them search your car is not true at all, if any of you watch cops as much as I do then you will see it for your self.
dirtysicks
01-28-2004, 10:30 AM
You are a bunch of hooligans.
Chocolate
04-01-2004, 02:25 AM
in the words of cartman... "they lie... they lie right to your face". speaking from experience a cop will do anything to see you go down..... really don't know what it is about them but they love it. when i got busted the cops entire paper "recapping" what happened that night was utter BS. seriously the guy couldn't even look me in the eye. i would've have called him a ***** but my lawyer advised against it. :P
strangely enough aren't hugo gerard and ronnie coleman both cops?
o well my conviction was only for weed and i live in Canada thank God..... so i only got a slap on the wrist. but here is some good advice...
don't talk to cops
don't look at them funny
always run if there is a good chance you can make it LOL
and remember, they have guns you don't.
mrmanners
04-05-2004, 08:50 PM
Amen Dr.Evil
This IS gospel if I've ever heard any. True words to live by; unfortunately most guys even after having read this will feel intimidated by the cops even during a routine traffic stop and consent to whatever in hopes of getting out of the ticket.
The thing is: Once they stop you and ask to search you already look like a bad guy in their eyes no matter how "nice" you try to play. -Or why would they wan't to search your vehicle? Their job is to write you a ****in ticket or book your ass. PERIOD!
Good luck, MrM
needless to say, we live in one of the best countries in the world because we citizens are given so many basic rights for our own protection. unfortunately many don't have full knowledge of these rights or don't understand the importance of upholding these rights.
by being in this lifestyle you're putting yourself at risk for getting a visit by law enforcement. the risk may be very small depending on how careful you are and what risks you take, but it's still there, so it is very important that you understand what your rights are if you do get a visit and be prepared for what you should do.
when being questioned by law enforcement, never say anything! never sign anything to waive your right to remain silent. this is a very important right, so don't deny yourself of it! the feds will threaten you saying that the judge will frown on you for not cooperating with the investigation, but that all bull****. remember, the reason they would get frustrated is because they're looking for as much evidence as they can to convict you in the court of law and they're hoping that much of this evidence will come from your mouth. if you don't talk then they can't use that against you in the court of law, so they get pissed. uphold your constitutional right to not talk to law enforcement, even if they just want to ask you questions about someone else. a statistic given to me by a lawyer says that 90% of people arrested for the first time waive their right to remain silent and ends up talking either out of fear, ignorance, or the belief that they can convince law enforcement of their innocence. this statistic goes way down for 2nd and 3rd time offenders when they learn that talking can only hurt them. even if you're completely innocent, the cops can twist your words around and make you look guilty in court. i've seen it happen before. if your explanations of innocence really makes sense do you think the feds are going to provide that as evidence in court to help you out? hell no! they leave out anything you say that may help you and keep anything that makes you look incriminating. bottom line: NEVER TALK TO THE FEDS NO MATTER HOW MUCH THEY THREATEN YOU
a good place to store your valubles away from feds attention is a friend's home. if he's not willing to take on the responsibility then put it in a gym locker or storage facility. search warrants almost never encompass these places.
never consent to a search of your house. it doesn't matter if they show you a search warrant or not. they'll search anyway if they have a warrant, but just let it be on record that you did not give permission to search because the warrant usually has restrictions as to how much the feds can search and what they can take, but if you give consent to search then that will superscede any limitations of the search warrant.
never consent to a search of your vehicle if you have anything to hide. the only way they can legally search your vehicle and use the evidence they find against you in court is if they have a search warrant or your permission. you will not be arrested if you uphold your right to not let them search you car.
betatest
04-10-2004, 04:39 PM
http://www.musclesci.com/showthread.php?t=2216
http://www.2theadvocate.com/stories/032604/new_searches001.shtml
On the topic of search warrants, I saw a thread on MuscleSci and dug up more info about it. It'll be interesting to see the splash effect from this precedent, though I hope very much this "privilege" gets overturned quick.
beta
thegodfather
11-28-2004, 10:09 PM
The most common idea that people have regarding car searches is, "if my glove box and trunk are locked, they cant search them." I think this is a belief a lot of people share, myself included. Wondering if anyone has any factual information regarding that? It was my understanding the officer did not need any reason to search within your vehicle&under seats, but was off limits to the trunk&glove box.
Clint Torres
11-29-2004, 12:43 PM
I have refused to allow my car to be searched more than once, even though I had nothing illegal in the car. There are some cops who will "find" things in your car that weren't there. If you run into a dirty cop or one who has a grudge against you, all they have to do is plant a painkiller, joint, or whatever they may be carrying around with them. Once you consent, it makes it really hard to defend yourself in court later. If they really want to search your car, they will find a reason. Cops will say anything to get you to consent, then laugh at you later for being stupid and giving in. Be polite and remain calm but never give away your basic rights- many good men have died so we wouldn't have to live in a police state.
LetsGetItOn
04-01-2006, 12:22 AM
Great, great thread. Very helpful if ever put into any of the above situations listed.
space.ghost
10-03-2006, 02:47 AM
ditto
ru-ga-ru
01-16-2007, 09:01 PM
Awsome post.
My buds EX - girl ratted him out. And when they came to the door and asked to come in he said " No Thanks". Just as they were about take there first step forward. They both had to put the brakes on. lol It was funny to watch.
He did exactly what Dr. Evil said.
Good Job!!!!
bigguybret
03-08-2007, 03:33 AM
Don't know if it's certain pages or what.. But Remember that everything you type on these boards can be used as evidence against you.. Go ahead.. Try it.. type out your screename from here on google.. A simple code put into these boards will stop Google's internet scans from listing these pages (And IMO we should have GOOGLE/ROBOT FREE area(s) on these boards, if there already isn't!).. But then that would hurt their page ranking and ad's and $$$ so ya.. If you really want to get down and dirty Private Msg certain people.. or just read and don't write. So if a Fed shows up at your door calling you your screename from this website.. hahaha BE SCARED !!! Your FCUKED !!!! But still don't say a word!
Bret
frenchy
04-12-2007, 11:58 PM
Its a schedule 4 in canada and a schedule 3 in the states the difference is that in the states they throw you in jail I think (unfortunately) and here in canada they probably dont do much probably just throw out your juice unless there is something else to aggravate. I dont think your allowed to posess it though.. not sure
Or move to canada, we can have personal amounts no problem just as long as they can't prove you brought or are selling them. Go figure that law out....
MikeCman
04-13-2007, 01:55 PM
Cops need a warrent to search your glove box or the trunk so lock your shit up in either one. Also, keep things out of plain site like what was said before because once they see anything, then they can search. They can search the car, but cant go in the box unless you let them, or they do what they want bec. most of the time they do, and take advantage of the fact that you dont know the law. If they asked why it's locked, tell them your mom locked it and you cant open it without asking permission. lol
arlie92
07-22-2008, 10:21 PM
Same rules apply with carrying things such as guns......as long as they are concealed you are pretty much in the clear depending on the warrant......source: cousin was a state police.
RangersLTW
07-22-2008, 10:35 PM
It's called the scope of the search. If something is in your glove box and the warrant says vehicle, than that glove box is a target. Also, I read that a guy got pulled over and the LEO called a k-9 unit, not happening, against the law, will never stand up in court. You are not allowed to call in a k-9 unit, if one happens to pull up its a different story. Once the dog picks up a scent outside of your vehicle, it is considered free air, so the probable cause is in effect. I think I am pretty correct on this but I could be wrong. Laws different from state to state but there are to still fed guide lines and each state has the right to meet them or go even heavier.
Damn newbies, !!! Dude this thread is six years old. Get with the program !!!!
higherdesire
08-09-2008, 05:52 AM
the main reason, and its a little off topic...i got a speeding ticket, and i wasnt going even 10mph close to the speed he gave me, have no idea as to what i can do to save my ass. there must be some stuff and im constantly looking, i will lose my liscence for a whole year if convicted for this.
popeye, deny you were speeding and request discovery on the last calibration testing on the mechaninsm used to record your speed then attack the validity of the devise. If they "clocked" you using a radar gun they should have a record of a recent calibration on the machine as required or you may be able to have it thrown out as an unreliable source. If the cop pulled behind you and paced you with his car, request the video from his dash cam showing his sustaned speed and duration as well as his vehicle last and current speed omoter test record. Also what size tires and the inflation, as well as the temperature outside, becasue after all if he was 10 miles an hour off you honor, somehting was absolutley wrong. It is your right to discovery of any relevant facts and they wil usually dismiss as not worht the time, ot you can find an error. Good luck bro!
scibble
08-09-2008, 03:49 PM
popeye, deny you were speeding and request discovery on the last calibration testing on the mechaninsm used to record your speed then attack the validity of the devise. If they "clocked" you using a radar gun they should have a record of a recent calibration on the machine as required or you may be able to have it thrown out as an unreliable source. If the cop pulled behind you and paced you with his car, request the video from his dash cam showing his sustaned speed and duration as well as his vehicle last and current speed omoter test record. Also what size tires and the inflation, as well as the temperature outside, becasue after all if he was 10 miles an hour off you honor, somehting was absolutley wrong. It is your right to discovery of any relevant facts and they wil usually dismiss as not worht the time, ot you can find an error. Good luck bro!
be very careful with speeding defenses. If it's serious enough that you may lose your license, get a lawyer, no follow the advice regarding things like "how to get out of speeding tickets" like calling for the calibration record, etc
many years ago i had to appear in a big city court on a very minor traffic violation. i was waiting in line watching all the guys in front of me go before the judge and explain their cases. this one guy comes with a folder containing papers and he just began to go into this "defense"; it was obvious that he had prepared this whole shpiel to get out of his speeding ticket.
afternoon in a big city with a long line of defendents before him, that judge had no patience for "petty" justice. he cut the poor guy off immediately and gave him a guilty verdict and a fine. all of his prep was a waste.
the thread is old, but a lot of people find it relevant. maybe it should be closed and stickified.
creed33
08-10-2008, 12:30 PM
If you can have personal amounts then how much considered a personel amount?
ralf_snake
11-19-2008, 04:54 PM
needless to say, we live in one of the best countries in the world because we citizens are given so many basic rights for our own protection. unfortunately many don't have full knowledge of these rights or don't understand the importance of upholding these rights.
by being in this lifestyle you're putting yourself at risk for getting a visit by law enforcement. the risk may be very small depending on how careful you are and what risks you take, but it's still there, so it is very important that you understand what your rights are if you do get a visit and be prepared for what you should do.
when being questioned by law enforcement, never say anything! never sign anything to waive your right to remain silent. this is a very important right, so don't deny yourself of it! the feds will threaten you saying that the judge will frown on you for not cooperating with the investigation, but that all bullshit. remember, the reason they would get frustrated is because they're looking for as much evidence as they can to convict you in the court of law and they're hoping that much of this evidence will come from your mouth. if you don't talk then they can't use that against you in the court of law, so they get pissed. uphold your constitutional right to not talk to law enforcement, even if they just want to ask you questions about someone else. a statistic given to me by a lawyer says that 90% of people arrested for the first time waive their right to remain silent and ends up talking either out of fear, ignorance, or the belief that they can convince law enforcement of their innocence. this statistic goes way down for 2nd and 3rd time offenders when they learn that talking can only hurt them. even if you're completely innocent, the cops can twist your words around and make you look guilty in court. i've seen it happen before. if your explanations of innocence really makes sense do you think the feds are going to provide that as evidence in court to help you out? hell no! they leave out anything you say that may help you and keep anything that makes you look incriminating. bottom line: NEVER TALK TO THE FEDS NO MATTER HOW MUCH THEY THREATEN YOU
a good place to store your valubles away from feds attention is a friend's home. if he's not willing to take on the responsibility then put it in a gym locker or storage facility. search warrants almost never encompass these places.
never consent to a search of your house. it doesn't matter if they show you a search warrant or not. they'll search anyway if they have a warrant, but just let it be on record that you did not give permission to search because the warrant usually has restrictions as to how much the feds can search and what they can take, but if you give consent to search then that will superscede any limitations of the search warrant.
never consent to a search of your vehicle if you have anything to hide. the only way they can legally search your vehicle and use the evidence they find against you in court is if they have a search warrant or your permission. you will not be arrested if you uphold your right to not let them search you car.
I live in Holland, you think this great advice counts here too?
Boedog
11-27-2008, 01:09 AM
It depends on why they are searching. If you give them consent, or its being searched incident to arrest, they can only search the areas you or your passengers can reach. If they conducting an inventory because your car is being towed, the whole car will be "checked" for the inventory. If they have a warrant the entire car can be searched.
Boedog
11-27-2008, 01:13 AM
Damn newbies, !!! Dude this thread is six years old. Get with the program !!!!
Then why are you on here ?
Then why are you on here ?
I monitor all the posts smart ass !!!!
Ironside
11-27-2008, 09:28 AM
On this note, I had a buddy get pulled over last week.
They asked to search his truck and trailer and he told them that he wouldn't consent to that. So the cop called a buddy with a dog who smelled out his car, the cop tapped on the trailer and the dog jumped up, smelled it and got back down. The cop than said they had probable cause and opened his trailer and emptied it on the side of the road, said they kept threatening him that if he fesses up to having drugs on him they will make it easier. They searched his whole truck, took everything out and dumped it on the side of the road. In the end they didn't find anything and just said 'thanks for your cooperation' and left.
According to him they ****ed his furniture up pretty good and managed to waste 2 hours of his time somewhere in the boondocks of Kansas.
They didn't find his weed hidden in a jar of peanut butter but they did find his loaded pistol under his car seat. They just told him he should keep it on his lap or somewhere he can get to it quickly. Gotta love gun friendly states.
Boedog
11-28-2008, 09:56 PM
I monitor all the posts smart ass !!!!
I was just jokin with ya man "Relax"
vBulletin® v3.7.4, Copyright ©2000-2008, Jelsoft Enterprises Ltd.