By CJ
Preface
As a former law enforcement officer, I have had the benefit of seeing the other side of the fence. In my time as a LEO, I learned from a number of citizens first-hand how readily the freedom we have as Americans is given up by the misinformed and undereducated. I wanted to write this as a guide to help fellow law-abiding citizens understand their rights as Americans. That being said: I am NOT a lawyer, nor do I encourage any unlawful resistance of law enforcement. I am merely trying to give each of you a guide to assist your self-education on your rights under the fourth amendment. While I hope you find this useful and educational, I encourage you to understand there is nothing included here that will help you avoid prosecution in the event you are actually breaking laws.
The Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Simple, right? Not so much. You see, there are two types of law. There is written law, the type any person with a computer and 3 minutes can find. There is also case law. What is case law, you might ask? Case law is a compilation of related rulings that have occurred as a result of judicial rulings on the extension and “meaning” of written law. It is the case law you must understand in order to be educated on your rights under any particular law, ESPECIALLY the bill of rights.
Definitions
Detained: It has been determined that any reasonable person would assume that, if they are not free to leave, they are being detained. Save this word in your memory, as it will prove useful.
Reasonable Suspicion: This is commonly mistaken as equal to probable cause. It is much less restrictive. Law enforcement can stop and briefly detain you on reasonable suspicion that you have or will commit a crime. The thing to be cognizant of, is that they must be able to articulate to you what their reasonable suspicion is. An excellent example of case law on this subject is Terry v. Ohio. For more information, check out this definition.
Probable Cause: Probable cause is what is needed by law enforcement to obtain a search warrant. It is commonly referred to as a combination of reasonable suspicion and strong circumstance. Now, with that being said, if you get to the point where you are getting into a semantics debate with a cop on the definition of probable cause, you’ve either missed the boat on the first two definitions and the usage thereof, or are appearing as though you are committing a crime. Check out this definition.
Usage
Before I get into the usage of this knowledge, I must again provide disclaimer. Taking the little bit of information I am passing on in search of a pi**ing match with your local law enforcement will probably turn out poorly for you. Understand something. Law enforcement officers are people too. If you treat them as such, you’ll likely get the same in return. While there are some exceptions, most law enforcement officers will return the courtesy they are given. Also, I can’t stress enough, that this information will only protect you from unreasonable search and seizure, not prosecution in the commission of a crime. So, without further adieu, the usage:
Being stopped by law enforcement can be nerve-wracking. I was a cop for three years, and still feel on-edge when pulled over by law enforcement (not a fan of seat belts). Understand that the first and most important thing is to remain strong (yet calm, collected, and courteous) in your assertion of your rights as an American. Understand also that you owe it to yourself to do what is in your best interest at any given time. Make sure that you also record your interactions in any way possible. I would recommend even going as far as streaming the video to the internet directly for your storage as you have to protect your protection in any way possible.
The important dialogue to present is this. “Why am I being stopped today?” You as an American are free to travel unrestricted unless you have committed a crime. If you have, the officer can legally detain you an amount of time appropriate to take action in direct relation to that offense and that offense alone unless he develops reasonable suspicion / probable cause to the commission of another crime. If you haven’t, and aren’t being stopped for that reason, move forward to the next step. Determine if you are being detained. Ask the question politely and clearly. “Am I being detained?” If you are, you have a right to know why. If you are not, ask politely and clearly, “Am I free to leave?” Once the officer has indicated that you are not being detained, and that you are free to leave, do so. Period. You see, it is in the acceptance of grey area that the undereducated give up their rights without even knowing it. Know also your right to silence under the 5th Amendment, as so few people use it when they should. Silence truly is golden. Remember also your rights as outlined in the Miranda case to have representation.
You have the right to refuse unreasonable search, not break the law. Check out these quick videos and note my comments.
http://www.youtube.com/watch?v=EpEtsREAQgk
Note the first person’s polite response. No, thank you goes a lot farther than F-You.
Note the persistent usage of “Am I being detained?” and “Am I free to go?”
http://www.youtube.com/watch?v=SlQRY7CtRFU
There is some profanity at the 4:30 mark, so beware.
Note the card he carries. Very well-done. Also, note that he WASN’T DRUNK. I can’t stress that enough. Use of the card will quickly turn into a funny story at the station for a cop who came across a drunk that handed it to him while displaying the odor commonly associated with alcoholic beverages and the motor skills of the highly impaired.
Closing
Note that I do not encourage being rude or disrespectful to any person, law enforcement included. Remember also, that I am NOT a lawyer, judge or legal professional. You are responsible for determining the validity and relevance or lack thereof of this and any other information you take in and use in your dealings with law enforcement.
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