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i found this in an old thread and thought it might be helpful. it is recommended that you print this off and keep it in your wallet and then give it to a cop if something comes up. it will let them know that your not an idiot and you know your rights. most of the time they will let you go and search for easier prey.
I hereby invoke and refuse to waive all of the following rights and privileges afforded to me by the U.S. Constitution: • I invoke and refuse to waive my Fifth Amendment right to remain silent. Do not ask me any questions. • I invoke and refuse to waive my Sixth Amendment right to an attorney of my choice. Do not ask me any questions without my attorney present. • I invoke and refuse to waive all privileges and rights pursuant to the case Miranda v. Arizona. Do not ask me any questions or make any comment to me about this decision. • I invoke and refuse to waive my Fourth Amendment right to be free from unreasonable searches and seizures. I do not consent to any search or seizure of myself, my home, or of any property in my possession. Do not ask me about my ownership interest in any property. I do not consent to this contact with you. If I am not presently under arrest or under investigatory detention, please allow me to leave. • Any statement I make, or alleged consent I give, in response to your questions is hereby made under protest and under duress and in submission to your claim of lawful authority to force me to provide you with information.
Last Edit: Apr 12, 2006 4:43:47 GMT -5 by keithk1055 - Back to Top
Question: It says to have a lawyer or have a lawyer's card...so I have a two part question
1) If you "have a lawyer" does that mean you're actively paying someone to watch your back or what?
2) How do you go about getting a good lawyer's card? Should I call them first to make sure that it's cool to call them at a moment's notice and say I'm being hassled by the police?
Post by absentmind86 on Apr 12, 2006 17:48:03 GMT -5
When people say they have a lawyer, it generally means that the lawyer has represented them before for some sort of case, or other legal obligation. IMO Its not necissary to collect cards. We have the right to an antourney, if we do not have one, one will be apointed to us. But of course a state apointed lawyer would never be up to par with a hand picked atourney. so its up to you, but peronally I would rather not deal with lawyers untill its competely necissary, but then again "i have a lawyer" hehe.
Post by keithk1055 on Apr 12, 2006 19:12:26 GMT -5
i thik it is good to have a card so that you can back up your claim of wanting your lawyer present. just in case they say fine call your lawyer you will have someone to call. no mater what lawyer you call, whether you have used them or not, they will just tell you to not answer any questions and they will look into what your being charged with and advise you.
back in the day my dad got out of a dui beause he refused to take any tests or deal with the cops until his lawyer is present. they did arrest him and he called his lawyer from jail. of course his lawyer had prior plans so he was unable to make it to the jail for many hours. and my dad wasnt drunk anymore. of course now they have changed the law, they will arrest you, cut up your license and draw your blood all with out your consent or a lawyer presence. damn nazis
Post by keithk1055 on Apr 12, 2006 19:55:08 GMT -5
well of course im not saying to go drink and drive... but come on man you can have a coupld beers and drive home without a problem event hough the cops would give you a dui.. and your from toledo so i know your aware of the shiit they pull. setting up checkpoints and stopping everyone. what happened to innocent until proven guilty, or at least reasonable cause?
drunk drivers are bad but the laws that are in place are nothing but a way for cops to pay their wages...and do very little to actually stop the issue... its all about the loot to them
i am 100 percent serious when i say i have over 15 friends that have gotten dui's... and amazingly they have all been in perrysburg or maumee... it seems weird to me that these towns have built new multi million dollar headquarters and what not instead of using that money to prevent drunk driving deaths. they dont want to stop drunk driving... how would they pay for everyting?
Last Edit: Apr 12, 2006 20:00:40 GMT -5 by keithk1055 - Back to Top
roo or no roo, the thread is a good one to bring back up. In a time where Orwellian terms such as “patriot act” are in use the discussion is a good one.
Don’t get me started talking about ‘homeland security’ and the illusion our government is trying to create. Everyone should know and feel free to exercise their rights. As for drinking and driving, we all might want to consider that individually we are not in the best position to know if we are ok to drive after drinking.
Post by ClarkGriswold on Apr 12, 2006 22:02:27 GMT -5
Absolutely! From a legal standpoint. It’s important to wait until you get to the farm before you start the party. And thanks to Keith for bringing Teine’s post up again. This is good info for all of us.
Post by Lucid Interval on Apr 12, 2006 22:53:22 GMT -5
I think if you want to NOT look like an idiot, it would be a better idea to understand how the laws and police protocol works rather than busting out a peice of paper with all the right things to say on it...
Know your rights and be yourself, be respectfull, remember that the cops just doing their job, but its also important to know how their job works.... I think the comics give pretty good advice....
Post by keithk1055 on Apr 12, 2006 23:02:26 GMT -5
ya i would agree... but not everyone understands the laws. people are just naturally intimidated by cops and do what they say. the first thing a cop will do is say i need to pat you down for weapons, is that ok? they word it so it puts you in a spot where you over think things and think they have a right to do so. no matter how they word it if they ask it is because they need your permission. i think this paper would be alot easier to give to them and say that is all i have to say. sure they will go back to thier car and give yo the biggest ticket they can but they will not be able to ask you questions. the questions where are you coming from? where are you goin to? are none of thier business and they are trained to analyze your responses. just give them this and anything else they have to say just say "the paper explains to you the rights that i have invoked and i would like to be sent on my way or phone my lawyer" they will keeep talkin but just answer with silence or i wanna see my lawyer. i think its extremly helpful to those who are intimidated by police and/or arent sure of thier rights. in addition anyhting that you would break down and say if your scared will have already been stated as being underprotest and under duress
also you handing them a piece of paper will be on the dash cam so they will have to acknowledge it as opposed to them being able to say that you never said somethings or that you gave consent... this is crystal clear and undisputable
the comics are excellent but i think the paper is very helpful too.. even if you do understand your rights... and if you dont understand your rights i would say it is essential
Last Edit: Apr 12, 2006 23:05:24 GMT -5 by keithk1055 - Back to Top
ya i would agree... but not everyone understands the laws. people are just naturally intimidated by cops and do what they say. the first thing a cop will do is say i need to pat you down for weapons, is that ok?
Actually, cops have the right to pat you down for weapons whenever they stop you to talk. It's called a "Terry Stop", if someone wants to look it up. It's to insure that the police officer is in a safe position when talking with you. Now that only includes a pat down and if they feel something that isn't a weapon (like a baggie), they might ask you what it is and to remove it, but you're not obligated to do so. They still might take it anyway, but at least you didn't give it up willingly (which would work in your favor down the road).
i think its funny how the cop can check YOU for weapons to make sure HES in a safe position all the while hes got a handgun right on his belt.
n'ah-mean?
this kinda talk reminds me of Non-Phixion. anyone listen to Non-Phixion? they blew the roof off of SOBs in NYC. if anyone has seen SOBs roof, shoot them a message.
having a card can be really helpful if you are intoxicated to the point that you might not know what to say, the very few times that i did not get out of whatever trouble i was getting into were because of me being too fucked up to handle the situation right, most defense lawyers have business cards with rights on the back of them. A lot even have a whole formalized speech that you are just supposed to give to the officer without saying a word.
Post by tonarkelli on Apr 17, 2006 13:31:05 GMT -5
keithk1055 said:
i found this in an old thread and thought it might be helpful. it is recommended that you print this off and keep it in your wallet and then give it to a cop if something comes up. it will let them know that your not an idiot and you know your rights. most of the time they will let you go and search for easier prey.
I hereby invoke and refuse to waive all of the following rights and privileges afforded to me by the U.S. Constitution: • I invoke and refuse to waive my Fifth Amendment right to remain silent. Do not ask me any questions. • I invoke and refuse to waive my Sixth Amendment right to an attorney of my choice. Do not ask me any questions without my attorney present. • I invoke and refuse to waive all privileges and rights pursuant to the case Miranda v. Arizona. Do not ask me any questions or make any comment to me about this decision. • I invoke and refuse to waive my Fourth Amendment right to be free from unreasonable searches and seizures. I do not consent to any search or seizure of myself, my home, or of any property in my possession. Do not ask me about my ownership interest in any property. I do not consent to this contact with you. If I am not presently under arrest or under investigatory detention, please allow me to leave. • Any statement I make, or alleged consent I give, in response to your questions is hereby made under protest and under duress and in submission to your claim of lawful authority to force me to provide you with information.
I just printed this out, and I found a chance to use it on Saturday. I think printing it out jinxed me. Heh.
The Cop was like "Oh, you found this on the internet? I've seen it before. It doesn't work." So I said, in a drunken slur, "Well, all cops lie anyway so why would I believe you? I'm not giving you my conset for anything and this words it better than I can." Then he was like "I don't lie.".....
Which was followed by "Your grandma gave me conset to search the house." ::searches house, finds people:: "Okay, we didn't wake up your grandma and ask her." So, they lied and they searched the house with out consent. They didn't charge anyone with anything, so I guess it didn't matter, but it was still retarded.
So, I guess cops do whatever they want regardless of what you say to them.
Also, this is just random but it shows how awesome police really are:
My boyfriend, our friend and myself were sitting in my house watching tv, drinking a few beers and playing dice. Then, randomly, a bunch of kids pull up and break my windows. I had no clue who they were and I never saw them before that night. I guess they knew someone that I didn't like a long time ago or something. So, I called the cops because what else is someone supposed to do in that situation. They showed up, found the kids cell phone on my lawn... then, even with the cell phone as evidence of who broke my windows, they accused ME of breaking MY OWN WINDOWS! Why would anyone break their own windows then call the cops? That's just stupid. Then on the statement they wrote, they said that our friend said I was having a party! He never said that and I was definitely not having a party unless you can count 3 people as a party. They never arrested anyone for breaking my windows. They let the owner of the cell phone pick the phone up at the station. I never found out who it was so I could never press charges. I lost all respect for the police after that incident.
Post by keithk1055 on Apr 26, 2006 16:27:16 GMT -5
i hear ya man. start keping us safe. you know "serve and protect" quit harrasing everyone for victimless crimes in order to seize their property and take their money so pigs can pay thier paychecks. maybe then we would have enough room left in prisons to keep sex offenders locked up. smoking a j never hurt anyone. sex offenders seem to get released constantly so they can find another child to harm/rape/murder. god forbid you go downtown and pay for some trim, but its perfectly ok for every mexican and terrorist in the world to walk across the border and set up shop over here. maybe if the cops did what they were supposed to then they would be the respected members of society that they should be. but there is no monsey in that.