Know Your Rights When Encountering Law Enforcement

[StlouisX50]

http://www.aclu.org/national-securit...aw-enforcement

[Cips]

Nice. I'll have to read it.

[krypton2]

In general, the publication seemed OK...it was better than some stuff I've seen the ACLU say.

It seems to cater to specific events though. If a police officer pulls up to talk to you and you tell them you don't wanna talk and you keep walking away for no apparent reason, that's fine...but it could get to the point where they feel you're fleeing, especially if they identify themselves and tell you to stop, they call back up, they forcefully stop you, etc. It's happened before, with bad endings - so really, to follow that advice depends on the specific circumstances.

Another thing is consent to search your car. Briefly looking through the document it seemed OK, but one thing they don't note (I'm sure it's intentional) is that a lot of the time when you're asked if your car can be searched, there's already probable cause for them to search the car. They just ask you anyway to help their case or see what your response is.

The last thing I noticed...the "don't talk to the police if they knock on your door" is REALLY situational. Just because they're at your door doesn't mean they want to search your house or arrest you...for all you know they might be coming to tell you that there's an armed robber hiding in your backyard.

It's things like that where people end up causing problems for the police and vice versa. You have rights and for the most part that publication accurately describes them...but every situation is different and can't be covered by a catch-all guideline.

Just my own opinion. Thanks for posting this stlouisx

[Lucky225]

You seem fearful and complacent with law enforcement, perhaps from bad run ins in the past. Your outlook is exactly who the ACLU is preaching to. If you ask a cop if you're being detained, and they say no, and you ask if you are free to go and they say yes, they can not then rescind that and say you're fleeing. If you start walking away and they say they're not done yet, re-ask again, am i being detained or am I free to go?

Searching cars: They ask you for your consent because they /DON'T/ have probable cause, if they had it they wouldn't be asking for your consent in the first place.

Cops coming to the house, I *NEVER* answer my door for, if there is an armed robber in my backyard they can tell me with the door closed, I don't have to open it, period, and I don't.

In general, the publication seemed OK...it was better than some stuff I've seen the ACLU say.

It seems to cater to specific events though. If a police officer pulls up to talk to you and you tell them you don't wanna talk and you keep walking away for no apparent reason, that's fine...but it could get to the point where they feel you're fleeing, especially if they identify themselves and tell you to stop, they call back up, they forcefully stop you, etc. It's happened before, with bad endings - so really, to follow that advice depends on the specific circumstances.

Another thing is consent to search your car. Briefly looking through the document it seemed OK, but one thing they don't note (I'm sure it's intentional) is that a lot of the time when you're asked if your car can be searched, there's already probable cause for them to search the car. They just ask you anyway to help their case or see what your response is.

The last thing I noticed...the "don't talk to the police if they knock on your door" is REALLY situational. Just because they're at your door doesn't mean they want to search your house or arrest you...for all you know they might be coming to tell you that there's an armed robber hiding in your backyard.

It's things like that where people end up causing problems for the police and vice versa. You have rights and for the most part that publication accurately describes them...but every situation is different and can't be covered by a catch-all guideline.

Just my own opinion. Thanks for posting this stlouisx

[krypton2]

You seem fearful and complacent with law enforcement, perhaps from bad run ins in the past. Your outlook is exactly who the ACLU is preaching to. If you ask a cop if you're being detained, and they say no, and you ask if you are free to go and they say yes, they can not then rescind that and say you're fleeing. If you start walking away and they say they're not done yet, re-ask again, am i being detained or am I free to go?

Searching cars: They ask you for your consent because they /DON'T/ have probable cause, if they had it they wouldn't be asking for your consent in the first place.

Cops coming to the house, I *NEVER* answer my door for, if there is an armed robber in my backyard they can tell me with the door closed, I don't have to open it, period, and I don't.

Hehe, quite on the contrary (for the fearful of law enforcement part). I can understand how you could read that as being such though, I guess...I tell things how they are from my point of view for the most part.

You're right for the first statement... I didn't really mention about them telling you whether you're free to go or not, I just meant that if you're told to stop and don't stop, even if you tell them you don't wanna talk, there's a few things that could occur. Each state is different though.

Searching cars...you'd be surprised. Different states and different courts work different ways, but some officers do ask, even if they have probable cause to search already. While it might not happen in a lawsuit-happy city with a liberal court where it's tougher to justify, it does occur. It can help or hurt in court, depending on how well the officer can articulate the search - if they cover all bases that a defense attorney could bring up, it ends up helping the officer.

I found a few posts on a forum that were posted by police officers that verifies this...in addition to what I had said. There's probably more, but I just found a few off hand. If these links aren't allowed to be posted I can remove them...but I think they're allowed.

http://forums.officer.com/forums/sho...=1#post2268133
http://forums.officer.com/forums/sho...=1#post2268243
http://forums.officer.com/forums/sho...=1#post2269748

There's people in there who, too, say that if the PC was there then the officer wouldn't ask. But the officers generally say otherwise.

[lugnuts]

wow some of those LEO's scare me. lucky or SS can you confirm this:

Originally Posted by justme001
Is running a Stop sign an arrestable offense in Texas? If yes--could you show me what part of Texas Penal Code, or what city ordinance authorizes an arrest for running a stop sign and if NO--then what would you use to charge them with in order to search their car?

Yes it sure is. Just as La Placa stated, we can arrest for everything except speeding and open container, and yes, that includes no seatbelt, not using your turn signal when required, and the list goes on and on. I will not show you where, but I will tell you that it would not be in the penal code for an offense concerning traffic, but it is in the transportation code. BTW, once I've arrested on the traffic charge, I'm not searching the vehicle, however, I am inventorying it.

[lugnuts]

There's people in there who, too, say that if the PC was there then the officer wouldn't ask. But the officers generally say otherwise.

a lot of them also say they don't ask and for good reason, if the person says no. at that point its game over for the LEO because even if he searches the car with his so called "PC" any half decent lawyer can get the search tossed be cause the LEO was denied consent.

[krypton2]

There's people in there who, too, say that if the PC was there then the officer wouldn't ask. But the officers generally say otherwise.

a lot of them also say they don't ask and for good reason, if the person says no. at that point its game over for the LEO because even if he searches the car with his so called "PC" any half decent lawyer can get the search tossed be cause the LEO was denied consent.

It greatly depends on how you testify...and the judge/court/region.

[lugnuts]

well if its on the LEO's or your in car video there's not much to question.

[protias]