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Discussion => Newbie discussion => Topic started by: Regi on January 25, 2013, 12:59 am

Title: Newbie question about the law
Post by: Regi on January 25, 2013, 12:59 am
Since I can't post in any of the other sections, I figure I might as well ask my question here.

If I am being detained by a police officer, and the officer commands me to do something (stand over there, face that way, etc),  am I allowed to obtain legal counsel before choosing to obey his command?

To give you an example, let's say that I am the DD for a party, and I am driving my drunk underage friend home from said party. A cop pulls me over, starts asking my friend questions (which he doesn't answer), gets suspicious, and asks my friend to step out of the vehicle. My friend is unfamiliar with the law, and does not know whether he is legally required to obey the officer's command. Is my friend allowed to say, call his lawyer friend and obtain legal counsel before deciding whether or not to obey the officer, or must he make that decision instantly?
Title: Re: Newbie question about the law
Post by: Neurot on January 25, 2013, 01:47 am
you have to obey an officer if you are under arrest.  but you never ever have to answer they're fucking questions NO MATTER WHAT. what you say can and will be held against you in a court of law whether you are guilty or not, so keep your mouth fucking shut. the only thing you wanna say to tell a cop is that you are lawyering up and you having nothing else to say.  You must listen to a cop if he tells you to get out of your vehicle.  Don't be a smart ass, don't give the son of a bitch any reason to taser your ass and don't tell any of your friends more than you have to if they are naive in criminal matters cause likely the cop will fuck with their mind and your bud will start talking, blaming everything on you. Just shut the fuck up, stay calm. arguing with a cop is really stupid, let your lawyer argue for you.
Title: Re: Newbie question about the law
Post by: Kim42r9k on January 25, 2013, 03:37 am
"I do not consent to any searches"
"Am I being detained or am I free to go?"
Title: Re: Newbie question about the law
Post by: toadman on January 25, 2013, 03:39 am
play it cool, be nice, alot of crooked cops out there that will arrest and "take you the long way to the station"
Title: Re: Newbie question about the law
Post by: dipset on January 25, 2013, 03:59 am
I believe that in most US states, all you have to provide a police officer upon request is your name and address if they have reasonable suspicion to suspect you of a crime or infraction. Probable cause then comes into play with searches, etc.
Title: Re: Newbie question about the law
Post by: novakane on January 25, 2013, 05:26 am
In a criminal justice class I took, they told us that a cop requesting you to do something (get out of the car, etc whatever), is just that: a request.  Most people just obey, like most people just consent to the search.  I don't know for sure though.
Title: Re: Newbie question about the law
Post by: #slothrop on January 25, 2013, 06:53 am
If you are detained, meaning stopped for questioning or whatever, then no. Arrested, you bet your ass. However, it is almost always in your best interest to cooperate with the police, at least when it comes to basic requests like, "Stand over there."

"I do not consent to any searches"
"Am I being detained or am I free to go?"

I've heard that a lot, and while it is true that you have the right to refuse to be detained, you do not have the right to refuse arrest if they decide to arrest you for refusing to be detained. Being detained is the same thing as being stopped, as in you walk by a cop who says, "Excuse me, I'd like to ask you a few question." Aside from cops who can and will arrest you without sufficient evidence, you could be legally arrested for refusing to talk to a cop. Consider this: Say your out jogging and a cop stops you and asks to talk. Hell say you're just walking by with a sack of weed in your pocket. You exercise your right to refuse, but it turns out that the cop is looking for a murder suspect whose description matches your features. While on the other hand, had you stopped to speak with her, you'd have been able to a) show some ID and b) provide and alibi.

This is not to say that you should always cooperate fully with the police, rather that there are no hard and fast rules for staying out of trouble. Read the situation, respond the best you can. Be courteous and respectful. If arrested ask for your lawyer and refuse searches. Most importantly, KNOW YOUR RIGHTS! Especially your Miranda rights, which you can learn for any prime-time cop show. 
Title: Re: Newbie question about the law
Post by: zeroday1122 on January 25, 2013, 07:10 am
I would honestly help you, but I dont have very much knowledge on criminal law. I've taken 3 law courses and they were about 95% civil law, because....well....thats the bulk of law.
Title: Re: Newbie question about the law
Post by: Neurot on January 25, 2013, 07:15 am
my answer was a bit messy and convoluted, though correct when applied to my personal experince, but i think Slothrop said it best, "Know your rights" !
Title: Re: Newbie question about the law
Post by: oheesawteewaya on May 10, 2013, 07:02 pm
Yeah unless you are arrested then his requests are just that...
requests!

But play it cool...He can always beat your ass then claim you resisted arrest.

Title: Re: Newbie question about the law
Post by: flufh3d on May 10, 2013, 07:12 pm
I've found that always treating them with respect and not being an asshole (right back to them). Has worked in my favor.

I'll get out of the car, turn around, keep my hands out of my packets, etc. But ALWAYS KEEP YOUR MOUTH FUCKING SHUT.

The only thing you say is that you respectfully decline to answer any questions without your lawyer present. Even if they ask shit that doesn't seem important, they are trained and they ask you everything for a reason, and its never to help you
Title: Re: Newbie question about the law
Post by: Laissez-Faire on May 11, 2013, 08:23 am
While I cannot answer your question about whether it's lawful or not, I believe it's always in your best interest to be courteous to a police officer regardless of the situation.

If he asks you to do something and if in doing so doesn't incriminate you or anybody else in any way and won't cause harm to yourself or anyone else, there shouldn't be any reason to refuse.

The main points have already been made however... if you're directly questioned about anything  that may incriminate you or someone else, POLITELY refuse to answer until you've received legal counsel.

If you're ever asked if it's ok for them to search you/your property/your house/your vehicle, POLITELY refuse consent to a search.

If you're CAUGHT doing anything illegal and you already know you're busted, still POLITELY refuse to comment until you receive legal counsel.

I hope this helps friend.

Laissez-faire!
Title: Re: Newbie question about the law
Post by: YourConnect on May 11, 2013, 08:50 am
I can't teach people real life experience. It is all about you. I agree, and you can only simply be you.

Keep your swag, and be cool.

Depends on the damn cop at the end of the day.