As far as recording goes, I rock a flip-phone that doesn't record, but I always figure that if I'm in a situation with a police officer, I will project my voice loudly while carefully enunciating my words. Then, he'll believe he is being recorded, and will behave accordingly.
You know they make these cheap audio recorders now, can run for days.
I think it is important to note that the 5th amendment is a right given to us by the constitution and that the constitution also gives states the ability to create laws and policy that is not specifically covered in the constitution.
Use this for an example. A subject is pulled over for improper headlights (1isnot working). The officer smells the odor of an alcoholic beverage coming from within the vehicle. The officer asks the person to step out. The person ignores the officer. The officer asks sever times more to step out of the vehicle. The person continues to ignore the officer. The officer opens the door to to indicate their stepping out of the vehicle is wanted. Still, no cooperation. That person gets physically removed from the vehicle. That is first misdemeanor, disobeying a lawful command, impeding an investigation. (case law says a cop can make everyone in a car get out)
Then that person refuses to do field sobriety tests and states they are going to drag it out. That is fine, they can do that. They are read implied consent, refusing a chemical test is an automatic 1 year driving suspension, they understand it and will not give consent for a chemical test. Still nothing illegal.
Officer takes person to hospital for a blood draw. Person will not tell hospital their name, and still has not given it to police. Officer tells person they have to, it is the law. They refuse to anyway. Misdemeanor number 2, refusing to identify.
Officer gets a a warrant for Jon/Jane Doe. Officer gets blood. Person is looking at misdemeanor number 3, OWI.
Full cooperation would have, at the very worst, resulted in 1 misdemeanor OWI. If field sobriety tests were passed, maybe no charges at all.
Moral of the story, some things require cooperation and or some information...according to the law, state law, but still the law.
I think it is important to note that the 5th amendment is a right given to us by the constitution and that the constitution also gives states the ability to create laws and policy that is not specifically covered in the constitution.
Use this for an example. A subject is pulled over for improper headlights (1isnot working). The officer smells the odor of an alcoholic beverage coming from within the vehicle. The officer asks the person to step out. The person ignores the officer. The officer asks sever times more to step out of the vehicle. The person continues to ignore the officer. The officer opens the door to to indicate their stepping out of the vehicle is wanted. Still, no cooperation. That person gets physically removed from the vehicle. That is first misdemeanor, disobeying a lawful command, impeding an investigation. (case law says a cop can make everyone in a car get out)
Then that person refuses to do field sobriety tests and states they are going to drag it out. That is fine, they can do that. They are read implied consent, refusing a chemical test is an automatic 1 year driving suspension, they understand it and will not give consent for a chemical test. Still nothing illegal.
Officer takes person to hospital for a blood draw. Person will not tell hospital their name, and still has not given it to police. Officer tells person they have to, it is the law. They refuse to anyway. Misdemeanor number 2, refusing to identify.
Officer gets a a warrant for Jon/Jane Doe. Officer gets blood. Person is looking at misdemeanor number 3, OWI.
Full cooperation would have, at the very worst, resulted in 1 misdemeanor OWI. If field sobriety tests were passed, maybe no charges at all.
Moral of the story, some things require cooperation and or some information...according to the law, state law, but still the law.
I think it is important to note that the 5th amendment is a right given to us by the constitution and that the constitution also gives states the ability to create laws and policy that is not specifically covered in the constitution.
--snip--
Moral of the story, some things require cooperation and or some information...according to the law, state law, but still the law.
The Constitution does not grant rights, it recognizes them. And OCing is not a crime so there are much different outcomes than someone driving while over the limit.
The video was about not talking to police, guilty or innocent. The point was that silence can get you into more trouble. There are times when it is required. In the OC area...in Indiana a cop knowing you have a hand gun, in public, is reason enough to ask for ID. Failure to give that to them could be bad news. It is clear that it depends on which cop you get on which day.
A cop can only legally ask to see your LTCH and provided you are not doing anything illegal said cop has no legal authority to ask for your ID (ie. driver's license and/or state ID). You are under no obligation to talk to him. Hand him the LTCH and once that is done and s/he has verfiied the info you can walk away (legally). Will you that all depends if the LEO is a JBT or not.
and how does said cop know the license to carry handed to him belongs to the person who handed it to him?
and how does said cop know the license to carry handed to him belongs to the person who handed it to him?
There are some stickies on the site, pertaining to use of the site itself, that are useful. This one? Probably should be deleted. The word paranoid comes to mind.
I'm not sure why someone chose to make a sticky out of it.
There are some stickies on the site, pertaining to use of the site itself, that are useful. This one? Probably should be deleted. The word paranoid comes to mind. I'm not sure why someone chose to make a sticky out of it.
There are some stickies on the site, pertaining to use of the site itself, that are useful. This one? Probably should be deleted. The word paranoid comes to mind. I'm not sure why someone chose to make a sticky out of it.
Deleted, why? Because you think informed and prepared = paranoid?
Because it contains useful information that many here appreciate, I suppose.
I have first aid kits, fire extinguishers, and weapons. Does that mean i'm paranoid?