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Old 06-29-2019, 01:33 PM   #1
Warhead14
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5 words to freedom

Here is what you say to police- I HAVE NOTHING TO SAY. You cannot make anything worse by saying that. You will NEVER talk your way out of anything. Say those 5 words, and nothing but those 5 words. I am typing this because I did that on 2-22-94... it was a big day.
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Old 06-29-2019, 06:00 PM   #2
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Great advise. Although it can be shortened to just "lawyer".
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Old 06-30-2019, 04:56 AM   #3
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Yup don't say anything and ask for a lawyer.
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Old 06-30-2019, 06:55 AM   #4
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Or you can say....."I want my fucking lawyer"....how would that go over?
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Old 07-01-2019, 10:38 AM   #5
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Never never never never did I say never.... answer a SINGLE question. EVERYTHING you say is designed to improve the case against you.

"Am I being detained?"
"Am I free to go?"
"What crime do you suspect me of violating?"
"I don't answer questions without a lawyer present"

Are the only things that should ever be said to LE. AND you would be better off just to stay silent entirely.

I will not say a word even for a traffic ticket. "Do you know why I pulled you over?" just hand them your DL, registration and insurance. Don't say a word. There is probably no more frequent way to end up arrested than talking during a traffic citation.
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Old 07-01-2019, 02:37 PM   #6
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Words of wisdom.....thanks D

Quote:
Originally Posted by Dakota View Post
Never never never never did I say never.... answer a SINGLE question. EVERYTHING you say is designed to improve the case against you.

"Am I being detained?"
"Am I free to go?"
"What crime do you suspect me of violating?"
"I don't answer questions without a lawyer present"

Are the only things that should ever be said to LE. AND you would be better off just to stay silent entirely.

I will not say a word even for a traffic ticket. "Do you know why I pulled you over?" just hand them your DL, registration and insurance. Don't say a word. There is probably no more frequent way to end up arrested than talking during a traffic citation.
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Old 07-03-2019, 07:54 PM   #7
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Quote:
Originally Posted by Dakota View Post
Never never never never did I say never.... answer a SINGLE question. EVERYTHING you say is designed to improve the case against you.

"Am I being detained?"
"Am I free to go?"
"What crime do you suspect me of violating?"
"I don't answer questions without a lawyer present"

Are the only things that should ever be said to LE. AND you would be better off just to stay silent entirely.

I will not say a word even for a traffic ticket. "Do you know why I pulled you over?" just hand them your DL, registration and insurance. Don't say a word. There is probably no more frequent way to end up arrested than talking during a traffic citation.
I agree re not talking *except* perhaps during a traffic stop (in which the only possible outcome is a ticket; if they can get you for some other crime, then by all means keep quiet). I, for one, have talked my way out of traffic tickets, managed to get off with a warning, etc. It all depends on how you finesse the situation. I mean, what's the worst that can happen? You get a ticket, which the same outcome you'd have been likely to experience had you just kept your mouth shut.

For any other situation, though, it's best to zip it. Although I do think there might be a better way to decline to talk than to say, "I have nothing to say." Perhaps you could say, "Respectfully, officer, I decline to speak with you."
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Old 09-03-2019, 01:41 PM   #8
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Also, NEVER agree to let the LE search your vehicle. Unless they have a warrant say no thank you. Unless they can see something in your car illegal they can not search it with out a warrant.
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Old 09-03-2019, 06:37 PM   #9
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Quote:
Originally Posted by warreng View Post
I agree re not talking *except* perhaps during a traffic stop (in which the only possible outcome is a ticket; ."
I disagree. You DONT know why he pulled you over. It could be that he is looking for a driver by shooter that had a car that looked like yours. The wrong answer or demeaner and you will be in handcuffs while and taken in while they sort out if you are the right guy. It costs them nothing to cost you serious time aggravation and money.

I was completely innocent years ago when police showed up at my condo complex looking for a person that had brandished a firearm. I walked outside my unit to see what was going on. Next thing I know the cop is asking me question after question for 10 minutes and went to leave back to my apartment. When I turned to go back inside the cop said "turn around you are under arrest" puzzled I said loudly "for WHAT". He told me to turn around again and instead of turning around, I asked for what again. That prompted a several minute baton beating by him and his partner and 10 more cops showing up. I had had major back surgery 6 weeks prior. I am confident that them beating me and jumping on my back is why I never healed right.

$10,000 later, their witness said "no that's not him"

Turns out they were not even at the right condo complex but after they beat me they would not drop charges so that I could sue them. I was disabled and broke. I ended up plead to be piss ant charge to make it go away.

Don't talk to law enforcement....
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Last edited by Dakota : 09-03-2019 at 07:18 PM.
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Old 09-06-2019, 04:58 AM   #10
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Quote:
Originally Posted by Dakota View Post
I disagree. You DONT know why he pulled you over. It could be that he is looking for a driver by shooter that had a car that looked like yours. The wrong answer or demeaner and you will be in handcuffs while and taken in while they sort out if you are the right guy. It costs them nothing to cost you serious time aggravation and money.

I was completely innocent years ago when police showed up at my condo complex looking for a person that had brandished a firearm. I walked outside my unit to see what was going on. Next thing I know the cop is asking me question after question for 10 minutes and went to leave back to my apartment. When I turned to go back inside the cop said "turn around you are under arrest" puzzled I said loudly "for WHAT". He told me to turn around again and instead of turning around, I asked for what again. That prompted a several minute baton beating by him and his partner and 10 more cops showing up. I had had major back surgery 6 weeks prior. I am confident that them beating me and jumping on my back is why I never healed right.

$10,000 later, their witness said "no that's not him"

Turns out they were not even at the right condo complex but after they beat me they would not drop charges so that I could sue them. I was disabled and broke. I ended up plead to be piss ant charge to make it go away.

Don't talk to law enforcement....
Jesus, man - I'm sorry that happened to you. LE is fucked. Nevertheless, I have myself talked my way out of traffic tickets. I think it might be reasonable to let people use some common sense in this regard. If, say, they ask you how fast you were going or why you blew the stop sign, it's probably obvious that they do not suspect you of having just committed a drive-by.
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Old 09-06-2019, 10:48 AM   #11
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A quick google search resulted in many articles like this one: I have no affiliation.

We all get to choose how to handle it but personally I would rather pay a speeding ticket that shell out $10K defending a bad arrest.

Routine Traffic Stops can lead to an arrest
Traffic Stops


There’s little doubt that much of the contact between police and people who are arrested result from traffic stops. Many times people stopped for routine traffic offenses are subsequently arrested for drug offenses, transportation of narcotics, driving under the influence or a similar crime.

There are several things drivers should understand to help eliminate contact with law-enforcement and put themselves in a position not to be arrested.

Basis for the Traffic Stop

In every state in the United States, any traffic infraction, no matter how minor, gives police the right to stop a vehicle and investigate that traffic infraction. Law-enforcement doesn’t even need to be correct about whether the traffic infraction happened. Rather they must just reasonably suspect a traffic infraction occurred to justify a stop. The law is settled that the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred.

As an example, let’s assume a motorist is just traveling on the interstate – following the normal flow of traffic – and an officer observes the driver following another vehicle too closely and initiates a traffic stop. Even if the motorist was in fact not following another vehicle too closely, but the officer reasonably believed that violation occurred, the legality of the stop will likely be upheld in court.

Simply put, it doesn’t matter if the officer is wrong about the facts that support the stop so long as his belief is reasonable.

Initial Contact with the Driver

After initiating a traffic stop, an officer can walk up to the driver side window or the passenger side window. Many times a driver will roll the window all the way down to make it easier for the officer to see and smell inside the vehicle. There is no legal obligation for a driver to roll a window all the way down. A driver must simply roll the window down far enough to be able to produce his or her license, registration, and proof of insurance. Frequently, an officer may ask that the window be rolled down further. A driver is perfectly within his rights to refuse that request. Although a person is required to follow the lawful order of a police officer, nothing within the law requires that a driver roll a window all the way down or open a vehicle door unless there is a legitimate legal basis for the officer to make the request.

Questions of the Driver and Passengers

Once a vehicle is stopped, the officer has the right to question the driver about the facts surrounding the traffic violation. Such an investigation may include asking the driver for an operator’s license and registration, requesting that the driver sit in the patrol car, and asking the driver about the purpose and destination of his or her travel. The officer may also run a computer check to determine whether the vehicle involved in the stop has been stolen and whether there are outstanding warrants for any of its occupants. The officer may engage in similar routine questioning of passengers in the vehicle to verify information provided by the driver.

As indicated, many times an officer will ask a driver to come back to the squad car for further questioning. Such a request is lawful, and a driver is required to go back to a squad car with an officer. Officers are trained to ask questions to help determine whether or not someone is engaged in illegal activity. As an example, officers routinely ask questions about the purpose of a trip or the destination or the other people in the vehicle. Drivers should make sure their answers are short and direct, and they should not offer extra information. There is no requirement to answer any of the officer’s questions that are not directly related to the traffic stop itself. Although it may seem odd and uncomfortable, merely saying nothing and staying silent when questioned about a trip is perfectly within one’s constitutional rights. An officer would have a hard time in a court of law convincing any judge that he or she believed something illegal was going on if the officer had no more information about a driver then his or her name combined with the information on a drivers license.

An officer’s purpose in stopping a driver for a traffic infraction is to investigate the facts surrounding that traffic infraction. If the officer develops reasonable suspicion of other criminal activity (eg, transporting illegal drugs, driving under the influence of alcohol, etc.), the officer has the right to ask questions about the other suspected criminal activity. If the driver does not offer any information about the trip, there is no reason or bases for the officer to suspect any other illegal activity.

Request to Search

Frequently, an officer will ask for permission to search a vehicle. Many times a driver will mistakenly believe that things will go better if he or she cooperates with law-enforcement. That is simply not true. You always have the right to tell a cop “no” to a request to search your vehicle. The reality is that if the officer believes he has the right to search your vehicle, it’s going to be searched regardless of whether or not you give consent so there is nothing to be gained by giving an officer consent to search your car.

If an officer asks for consent to search a vehicle for drugs, and a driver gives consent, the officer has the right to search every container within that vehicle. The U.S. Supreme Court has held that it is reasonable for an officer to conclude that the general consent to search a car includes consent to search closed containers within the car which might hold drugs.

This means the officer will search every container and bag and compartment in the vehicle.

If you or someone else you know has been stopped for a traffic violation and an arrest has occurred, contact an attorney at the Berry Law Firm.
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