Law enforcement can make a lot of folks cringe. Too often do we hear on the news, and even experience in our own lives, the unjust way that an unacceptable portion of law enforcement treat the very citizens they are supposed to protect. People's rights are violate each and every day by law enforcement, simply because they are timid and uneducated with the laws of society. This dirty trickery shouldn't be played on harmless citizens under any circumstances.
Even the law itself defends the stunts that law enforcement agents pull. Go figure. There are laws out there that specifically state an officer of the law has no duty to protect you. They have zero obligation to defend you, even if an evildoer was shooting arrows in your knee right in front of them. They can just sit and watch without a single negative consequence.
I bet this is making you reconsider wasting your time with the police when you have done nothing wrong. At some point or another, most people have been questioned by an officer of the law, and it's almost never a good experience. Never mind the fact that it takes up precious time from your day. You are supposed to be out doing things with your life, so fight back! Don't be afraid to lay down the real law and refute anything that you don't want to do.
Requirements
- Strong will
- Guts to say "NO" to a police officer
The Situation
Little do most people know, you have every right to refuse a search of your persons and property to a police officer. Even if they are pushy, it is just a scare tactic to get what they want. So just stay strong—say NO! As long as you are stern and sound a tad bit angry, the officer will cower into submission. For this to work, we need to be in a situation where we can stress our rights. The next time a cop speaks with you and you don't want to deal with their crap, here's what we do...
Say that a police officer has stopped you while you walked to the corner late at night to get some chips and soda for gaming fuel. The scenario should play out something like the following.
*Cop stops you*
Cop: Where are you headed on foot this late at night?
You: The store.
Cop: Do you have any weapons on you?
You: With all due respect, why does it matter? I've done nothing illegal.
Cop: Officer safety is a concern. I'm going to have to conduct a search of your person.
You: No. I do not consent to any form of search, and I am no longer speaking with you unless I have my lawyer present. I know my rights. Thank you. Have a great night.
At this point, they will probably be shocked that you know your rights and refused a search even after being pressured to do the opposite. They might pressure you by saying that a refusal of a search looks guilty. The bottom line is, in a court of law, saying a civilian refused a search, which is their right as a person, will not get them in trouble. Trust me.
At this point, you can walk home assured that the cop won't bother you again, and is instead probably busting a pot-smoking grandma with glaucoma. Happy hacking everyone!
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15 Comments
While its true that you have a right to refuse/not consent to a search, that doesn't mean its going to go down like that in real life.
Believe it or not, most police officers are decent people, who have an extremely demanding job. They never know if the kid walking to the corner store at 2am is an honest gamer just looking for late night fuel, or is going to try to rob the place.
Yes, you can refuse a search, but don't be the least bit surprised if it doesn't go well for you in the long run. In the end, its his/her word against yours (especially if you are alone).
Just be courteous and polite, and 95% of the time the officer will leave you alone. If they don't, chances are you gave them a reason to be suspicious in the first place.
an officer has no business conerning themselve with nothing other than the matter at hand if the job is so demanding maybe it should be like fire departments on a volentary bases an officer has no reson to stop anyone walking anywhere at anytime because of quriosety or suspicion there is no way to get propablecause to stop a person walkin unless they fit a profile of a crime commited.
Is refusal to allow a search in such a circumstance suspicious enough to warrant a search??
On a somewhat related note.. if you are searched and found to be carrying a medication (which is prescribed to you) which is a controlled substance but you are carrying it in a container which is not the original (so no label with the name of the medication, your name, where you got it etc.) can they charge you with possession, or is there some way to verify of your legitimacy on-scene?
Refusal to allow a search is technically not a circumstance to warrant a search. The constitution implies that though police officers have a right to search you, your word is final (on the desicion whether or not to be searched).
Your second point is a good question; but I believe you should be fine unless the cop really want's to know the reason.
Yeah, they can't search you, period. As for the medication thing, yeah, if they wanted to, they could push for that. I've heard of people getting into trouble for having pills in mis-labeled bottles a few times, actually. So I wouldn't recommened it :(.
Funny, but true story: I had 4 wisdom teeth removed at the dentist. He prescribed me pain pills afterwards, and I filled the prescription, but having a low tolerance for the pain medication, I would only take a 1/2 a pill at a time. 3 days after my surgery, I woke up hungry around 2 AM, and drove to my local Jack in the Box, went through the drive through, and ordered my food. Two officers where eating inside, and exited the building as I was paying. They waited for me to leave, followed me out, and stopped me for having my front wheels too far over the white lines of the cross walk at a stop sign. Searched me, found a 1/2 of my pain pill in my pocket, and took me to jail for possession of controlled substance. Although I had my attorney take my medication bottle with my name on it to my court hearing, they still violated my probation, reinstated me with an additional year added to my already 7 year probation term, and I had to serve 30 days in county jail.. There is rarely true justice when you are living in a place with crooked cops, and a jacked up legal system. Dallas, TX in case you where wondering. It pays to know your rights, but pays more to know what kind of police force and judicial system you are dealing with before deciding to be a smart ass..
OK. First of all, you're on probation, so you have been convicted of a crime. If you're on probation, you should know better than having prescription drugs on your person without the bottle.
I can see this article getting people into trouble. Where I live, because of drug and gang problems, if you are in certain areas of town after certain hours, you will be stopped, questioned and if you're uncooperative, arrested. Almost every state has laws concerning 'loitering for the purpose of prostitution' or 'loitering in a drug area'.
I find its simply best not to put myself in a compromising situation. If a cop stops you late at night walking, seems to me that would be the least of your worries. We've had a rash of attacks on people leaving for work late at night or early mornings.
Hmm.. I should perhaps steal a label off another bottle and put it on the one I'm using… I actually carry a tictacs container, I find it's an easier to manage size and shape.
Case and point, my attorney took my prescription, issued to me by my dentist, to my court hearing, and I was still charged and punished. I was indeed on probation, but never missed an appointment, payment, and never failed a urine analysis, and I was put on probation for my 1st and only criminal charge (not including the one they violated me for). It's all in my past now, and doesn't bother me until I read about "civilian rights" somewhere in articles similar to this one. All I'm saying is to pick your battles wisely.
I feel for you, that shouldn't have happened that way. A lot of people also seem to forget that the legal system exists on the idea that; A person does a crime, they pay the time. Then how come it rarely appears that way?
If we did the crime and paid the time, that crime was paid for and shouldn't affect our lives again, yet it's not the case. It's sad, really.
Wow!!!! Something so simple & would seem 2 be so obvious yet I never thought about that... "You do the crime you do the time" N how it shouldn't follow you for the rest of your life, being stacked 1 on top of the other... But then again it's obvious why it's not that way, shit the saying "Innocent until proven guilty" is laughable & really only applies to the person who's wealthy enough to afford the outrageous amount 4 bail...
First thing ya do ? Keep walking you don't have to talk to this #$%@in jack booted Nazi ,I love the statement "most police officers are good people " no their not most are power hungry fear mongers with fantasies of being a hero !
ever wonder wjhat happened to all those school bullies .. ya got it they are LEOs now
When the police officer asked me if he could search my vehicle... all I said is I would prefer you wouldn't.. I don't feel comfortable you searching it. It's kind of messy in the back and I have a thing about people in my car when it's not pristine for company. They both said Ok.
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