Most of us have scant interaction with authority. For that reason
alone we are ill prepared. Yet the innocent as well as the guilty do
get caught up in the clutches of cops and their like. It is an
universally unpleasant experience. Imagine that you are dealing with
someone who cares less about your innocence and then twists
everything however obliquely into something black. It can happen.
After all these guys spend their entire working live honing these
unpleasant skills.
This item pretty nicely spells out how to deal with the situation as
best one can. It reminds us that we do have rights. Unless of
course, you have chosen company that has earned the special pleasure
of twenty rounds of water boarding. It is amazing how we have come
to know all about that.
Keep this item and read it perhaps once a year. No one is immune to
been hassled.
The Mantra
March 12, 2013
By eric
Sun Tzu counseled that
it is madness – because pointless – to directly confront a
superior foe. A costumed goon with a badge and a gun, for instance.
You will lose (cue Dolph Lundgren voice from Rocky IV).
But that doesn’t
mean you must cooperate with said goon.
In that spirit, here
are some practical tips and things to keep in mind the next time
you’re compelled to interact with one of America’s Swinest:
* Never forget:
Cops are not your friend; they are not there to “help” you.
They are there to bust you. Don’t make it easier for them.
Make it harder for them.
* Never forget that
cops are legally permitted to lie to you. Take nothing they
tell you at face value. Assume their intentions are malignant.
* Never forget that a
cop is a law enforcer. He is there to enforce the law –
any law, every law. It doesn’t matter whether the law is reasonable
– or whether you’re a nice guy who doesn’t “deserve” to be
hassled. Cops are paid to enforce the law. Period.
* If stopped, keep
your window rolled up almost all the way; leave just enough of a
gap to allow you to hand the cop your license/documents. If he “asks”
you to roll it down, politely decline. Whenever a cop “asks,” it
means you do not have to comply. If they order you to do
something, then you must do it. But force them to make it clear you
are being ordered to comply – “Is that an order?” – and are
only complying under duress and not of your own free will.
* Be civil – not
slavish. A cop is not “sir.” By so addressing him, you
feed his inner bully and Rule Number One for dealing effectively with
bullies is to not let them think you are a pussy. Simple – and
curt – “yes” and “no” answers will get the point
across without being directly confrontational.
* Never make the
mistake of responding directly to a cop’s purposefully leading
questions – which means, all of his questions. If the cop
says, “Do you know why I stopped you?” You tell him, “I
suppose you will tell me your reason.” If he says, “Do you know
how fast you were going?” You say, “I’m sure you have
an opinion.” If he asks whether you’ve been drinking,
you remain silent.
* Never concede
anything that could be construed – will be construed in
court – as evidence in support of whatever charges are leveled
at you.
* Never admit to
anything – ever.
*Never attempt
to excuse anything you may have done. Be silent. Shrug.
But do not make excuses. Do not offer an explanation. If you do,
you’ve just handed the cop exactly what he wants most – a tacit
admission of guilt, which in court will become the basis for
establishing your legal guilt.
* You have to give
them your ID and insurance info – if you are operating a motor
vehicle on “public” roads. It is “the law.” But you do
not – yet – have to tell them where you’re going, where you’ve
been – or anything else. If asked, shrug. State –
politely, calmly – that you won’t be answering any questions.
* Ask –
repeatedly – whether you are free to go. It’s an excellent
stock answer to cop questions.
* If you have a
concealed carry permit, the cop probably already knows – having run
your license plate info through the computer in his car. Still, it is
good policy to tell him, even if you are not legally obligated to do
so (it varies, state to state). This is a psychological tactic which
shows you (in the cop’s eyes) to be “cooperative” without your
actually having complied with anything that’s against your
interests. It may help defuse the situation – important when guns
are involved.
* Never consent to
a search. If a cop asks for permission, he is asking
permission. It means he hasn’t got legal probable cause – yet. Do
not give it to him. Politely tell him, “I do not consent to any
searches.” Repeat as necessary. If he searches you/your
vehicle anyway, you may have a legal basis for challenging the
admissibility of anything found. But if you gave your consent to the
search – and not objecting is the same as consenting – then
anything found as a result of that search can and will be used
against you in court.
* Record the
interaction. Higher courts have consistently ruled it is legal to
do so, irrespective of what the cop tells you (see point made above
about cops lying). There is no expectation of privacy in public. He
can record you – you can record him. Use audio and video. If
the cop “asks” you to turn off the equipment, politely decline.
Merely state you are recording the interaction in the interests of
everyone’s safety.
Just like they do to
us.
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