in a lot of places you are legally obligated to tell cops ur name and show them ur passport or drivers license, when they ask. so if this is the case for u, u should do it (and then shut up and say nothing more without ur lawyer)
You shouldn’t just shut up after identifying yourself either, you should explicitly state that you are exercising your 5th amendment rights and then shut up. Talking afterwards can be taken as rescinding your 5th amendment assertion.
Famously, a judge once ruled that saying “Yo, I want a lawyer, dawg” was actually not a 5th amendment assertion, and that the suspect was genuinely requesting a dog who practices law.
Hi, did you know that there are a large number of English speakers on the internet for whom quoting an amendment of the US constitution would not be helpful?
Yes, I would be one of them. However that still doesn’t mean what I’ve said isn’t generally best practice, even in areas where it’s not fully required per case law. At the initial interaction with police, you should identify yourself, then clearly say you cannot answer questions without first getting legal advice. Then shut up and don’t answer questions.
Although, if you really want to get into the nitty gritty, other jurisdictions may have more extensive requirements for what you must say, so shutting up isn’t necessarily the best advice everywhere, all the time. There’s also subtle differences between the right to silence and rights against self-incrimination.
In the UK, which first started using right to silence in the 17th century (and then spread its law over much of the rest of the world), inferences can be made from silence. No conviction can be wholly based on silence, but it can be the wrong move. In some situations, eg fraud and terrorism, the right to silence is reduced and you may be obligated to answer. In these circumstances you cannot legally remain silent, but you are still protected against self-incrimination.
Again, only in the US.
Nevertheless, the right to remain silent is protected in many countries. Deciding whether to use it on the other hand, is not always easy.
Absolutely, however the right to silence is not universal. There are circumstances in some jurisdictions where you can be compelled to say things. In such cases the things you say cannot be used in evidence against you (right against self-incrimination) but they can still lead to evidence that can be used.
Even the US has a bit of this, for example you can be compelled to give over a password. To draw an example, if you were investigated for robbery and had the password “IRobPeople”, then the password couldn’t be used in evidence against you but any evidence they find when using the password could.
You can’t not link the National Lawyer’s Guild version! It’s like the best one, and they’re mentioned by name in the picture haha
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I think you’ll find you’ll start getting taken way more seriously online when you start typing like an adult. Use whole words, not stupid abbreviations. Capitalize and punctuate appropriately.
didnt ask + go fuck urself + i type however the fuck i want uwu
i think u might be seen as way less unlikeable if u stopped being such a tight assed bitch <3
i’m an adult. any way i type is like an adult. if someone cant take me serious because of the way i type, thats their issue. i’m in the comment section of an online meme community not writing a work email. i can write however i want as long as its understandable.
In the US that is a 4th amendment violation. Some states get around that by requiring convicted felons to provide ID, but in most of the US if you haven’t been convicted of a felony you have no obligation to identify yourself.
Reality check. 9 times out of ten, you’re way better off just being a good little citizen and co-operating. Cops are people, and you get better results by playing nice.
If you get stopped randomly by a cop, just show your ID and tell him where you’re going. They can arrest and hold you if they want, and the chances of you suing are pretty low. They have the power, and you don’t. The place to assert your rights is in the courtroom, not when you can be arrested and or beaten for acting proud.
Don’t be these guys
Reality check? Wow. You don’t know what the fuck you are going on about. Because your experiences have been 9 out of 10 positive you think others need a reality check? I spent two weeks in fucking jail for SHIITAKE MUSHROOMS.
The outliers don’t make the rule.
On the subject of outliers, are we supposed to assume that a user named MycoBro (a user who references smoking marijuana and having a particular interest in identifying Psilocybin cubensis) is actually academically interested in fungi, and not one of the vastly more common abusers of poisonous mushrooms?
That’s absolutely right. My interest in mushrooms led me to read a book about shiitakes(the mushroom at the end of the world). In my excitement I ordered some to make with my ramen at lunch(in a carpenter I have a medical card for weed. How the fuck does that make me a criminal? Wanna talk about mushrooms, man? Because I have a hell of a lot more to say than “they get you high”. Me and all my grand kids hunt for them all year long as they are learning what they are called, which ones are useful, and which aren’t. Your just as wrong and arrogant as you could possibly be. Edit: do I look like a drug user? You know exactly what I look like probably. Picture that but keep me kind of handsome. Is that different than a pig fucking with a black dude because he’s black? I’d bet you would hate that.
Are you trying to say his position is invalid because he might enjoy recreational drugs?
Yeah, no. Glad that it’s worked out for you (so far), but it doesn’t always work out for everyone. I agree that you shouldn’t be aggressive and standoffish, but you sure as fuck should not trust the cops. All they’ve shown is that they are a gang that believe they’re above the law. They’re out to protect and serve each other — not us.
Where did I say ‘trust’? I will repeat my basic message. Assert your rights in the courtroom and not the street. I know of plenty of instances of cops killing civilians and not spending a minute in court, let alone jail.
I agree handing over your ID is probably good, even in a state where it isn’t required. That is unless you’re doing something obviously illegal and they don’t know yet and you think you can hide your identity somehow, but I doubt it.
However, the right to remain silent and to an attorney are important. The location you’re coming from or going to can be used as bullshit reasons to arrest you even if it’s not bad. The way you speak can be used to arrest you. The smell of your breath can be used to arrest you.
Basically, hand over your I’d through a crack in the window. Keep your hands on the steering wheel in plain sight. If they ask questions, tell them you won’t be answering questions and invoke your right to remain silent, then STFU. You won’t win their game. Cooperate with the basic requirements, but don’t give them more than the basic information. It’s their job to figure out what you were doing and if it was illegal. Don’t help them do their job.
In 2015 officer involved homicide averaged four a day, a factor that has only increased in the following years during the rise of Trump-led hate rhetoric. (also not including those covered up by precinct coroners, which was discovered in studies to be routine)
50% of the victims were neither armed nor resisting.
Thus proving my point. Knowing your cop might be ready to kill, is it really wise to start off by quoting the Constitution?
At the point that a law enforcement officer is ready to kill, they’re not going to get much intelligible out of me at all, since I would panic myself right into a face full of lead, and joining the disproportionately high statistic of people with mental illness massacred by law enforcement for no good reason.
Asserting my rights would be at the point I find myself detained and they’re asking me questions, at which point, I’d hope guns might no longer be involved. But I expect a dark room, hours or even days of detention without food or water might be involved. Black sites and enhanced interrogation might be as well, since it’s not easy to extract a confession from an innocent man, but the Reid technique insists they try.
Tamir Rice didn’t have a chance to speak before he was killed. Neither did Breonna Taylor. Fuck off with this bootlicking.
No.
You should cooperate with what they order you to do, and you should always be friendly, but never let them search your property without a warrant or probable cause, as they could plant evidence. If you get arrested, comply with all actions they tell you to do, but don’t say a single fucking word. On the street, try to stay alive, but once arrested, don’t waive your 5th amendment rights. Being a good little citizen will doom you in interviews, and it should never be done.
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This may come as a shock, but not all of the internet is the USA. Other countries tend to have different laws and law enforcement policies.
In the United States, the police are really bad right now. But much of the American public has been taught they have certain civil protections which have been getting stripped away since the PATRIOT act in 2001, so they might be of the belief they still have rights and protections that no longer exist.
So if I’m interacting with law enforcement but in an industrialized nation that is not the US, I’m likely better off by far
The contrast came up in one of Beau of the Fifth Column’s videos ( Here on YouTube ) about black American tourists in Denmark that were arguing (in need of insulin that didn’t get packed on their trip), and when the officer came to help, the man dropped into total submission-and-compliance mode, fearing for his very life (which was embarrassing to the poor officer).
I certainly would rather be arrested in Denmark even not knowing the law or my rights, than arrested here in the States knowing the degree to which our rights have been gutted. The crime for which I am accused (or whether I am guilty) doesn’t affect that equation.
Lmfao, no matter where you live, the cops never have and never will exist to serve you, and you should absolutely do as much of this as you can wherever it is you live.
Lmfao, tell me you didn’t even bother clicking the links without saying you didn’t even bother clicking the links… 🙄🤦♀️
Police everywhere is shit, but hey, don’t let me get in the way of you keeping yourself ignorant and licking boot…
Important addition: when the nice officer asks you to please leave the vehicle, you’re getting out of the vehicle. Whether on your own or by getting pulled through a busted window is up to you.
Ref: Pennsylvania v. Mimms (the driver must follow the LEO’s orders), Maryland v. Wilson (the same applies to passengers)
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you’re getting out of the vehicle
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