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Your Rights When Dealing with the Police | Legal Information


"The police officer's job—besides protecting and serving the public—is to make arrests. In fact, most police officers are tasked with "arrest goals" or "arrest quotas" that they are expected to achieve each week. When a police officer stops you on the street, or in your car, or even knocks on your door at home, chances are good that the officer believes that you have information that will assist in making an arrest. Knowing this, should you speak with the police officer? Should you let the officer search your home or car? And what happens if you don't?

General Rules when Speaking with Police Officers

Compel or consent? As a general rule, if a police officer doesn't suspect you of a particular crime, you don't have to answer questions or submit to a search (we discuss the exceptions, below). However, if you consent—that is, you agree to talk to a police officer or agree to be searched—the information provided can be used against you or against others. In other words, your consent permits the officer to do what the officer is otherwise not permitted to do. If you do agree to answer a police officer's question or submit to search, keep two things in mind: you can always withdraw your consent if you don't want to continue; and there is no "off the record" when you provide information to the police.

Providing I.D. In many states, a police officer can stop you in public and require that you provide identification, even if there is no reason to suspect you of criminal activity. In all states, drivers who are stopped for driving infractions must furnish identification when requested.

No "Miranda" needed. If a police officer has not taken you into custody or prevented you from leaving, the officer can ask you questions without reciting your Miranda rights. The information you provide can be used against you. Miranda rights have to be read to a person only when the person is being interrogated and is in custody (not free to walk away).

Delay, if necessary. If you are not detained or in custody, you can always delay answering questions by asking the officer to return at another time. That may give you an opportunity to learn more about the law, weigh the consequences of your answers, or to speak to an attorney.

Silence may be golden. If you have any reason to believe that you may be implicated in a crime, lawyers typically advise that you remain silent and simply don't answer a police officer's questions, at least until you have consulted with an attorney. If stopped for a DUI, for example, you could furnish identification and take the appropriate tests, as required by law, but you need not answer other questions as to how much you had to drink or where you had been. If you are arrested and take the stand at trial, your silence may not be used against you – for example, the prosecutor may not argue to the jury, "If he didn't commit the crime, why didn't he deny it instead of remaining silent?"

Traffic Stops and Checkpoints

A police officer who believes you have committed a traffic offense can arrest you and, under some circumstances, frisk your passengers for suspected weapons. For example, if you've committed a routine traffic offense such as running a red light, a police officer can order the occupants out of the car, and if the officer has a "reasonable belief" that someone in the car is carrying a weapon, the officer can conduct a short "frisk" or "pat down" of the suspect.

Searching the car. During a routine traffic stop, the officer cannot search your car unless the officer has a warrant, or a "reasonable belief" that there are weapons or other evidence of a crime within the car and that the occupants might destroy the contraband. An officer who doesn't have probable cause for searching cannot use the traffic stop as a pretext for an extensive search. If the officer has probable cause, the officer can search the car and the occupants' possessions without a search warrant.

Emergencies. During certain emergencies—for example, a car accident with injured motorists—a police officer may justify a warrantless search of a car. An officer at a routine traffic stop can also briefly question the driver and passengers about matters unrelated to the traffic stop.

Checkpoints. Police officers can stop and question all drivers on a particular traffic route for sobriety, narcotics, or for illegal immigrants (near border crossings). These so-called "checkpoints" are legal, provided that the police follow the same procedures with respect to all motorists on a route—that is, they don't discriminate by stopping, say, only those drivers who appear to be of a particular ethnicity.

Your Rights in Your Home

If a police officer comes to your residence and wants to question you, you don't have to let the officer in or answer any questions. You don't have to consent to any searches unless the officer has a search warrant or can justify the search on an emergency basis, as explained below.

Plain view. Of course, you are always free to speak with a police officer and there are many reasons why it may be in your best interest to do so—for example, you were the witness to, or victim of a crime. However, keep in mind that if a police officer enters your residence with your consent and sees any contraband or evidence of criminal activity that is in plain view, the officer can seize that material and use it in a criminal proceeding, even though he didn't have a search warrant. By the way, the police don't need a warrant to search any trash that you leave out for collection.

Emergencies. Officers can enter residences without a warrant in certain emergencies, for example, if the officer is in "hot pursuit" of a suspect who runs into the residence, or if a police hears shouts and screams for help, or if the police officer is responding to a complaint and sees evidence of criminal activity. This right is granted because the police officer has an obligation to protect the public and to preserve evidence. "
 
LiveLeak.com - Cop Admits To Framing 185 Innocent People

"A former Camden police officer pleaded guilty to conspiracy Friday, admitting that he and other officers planted evidence, threatened people with planting evidence and falsifying reports in order to make bogus arrests.
The plea came the same day prosecutors dropped criminal charges against 185 people in Camden because of an investigation of police misconduct.
Kevin Parry, 29, pleaded guilty in a U.S. district court to conspiracy to deprive others of their civil rights, a crime punishable by 10 years in federal prison and a $250,000 fine, according to U.S. Attorney Paul Fishman.
"The actions described in today's guilty plea are reprehensible, and our investigation of that conduct continues," said Fishman in a press release. "Their actions, however, should be no reflection on the countless dedicated police officers who perform their mission honestly and admirably."
Parry admitted that he and the four other officers planted evidence; threatened people with arrest using planted evidence if they did not cooperate; conducted illegal searches and arrests; paid for cooperation and information, often from prostitutes, with illegal drugs; and wrote up false police reports and gave false testimony in court.
Parry was a police officer in the Camden Police Department since 2006. He and the other four officers were part of a special operations division and Parry said that on 30 to 50 occasions they added drugs to the amount of drugs seized on a person, so that the arrest appeared more significant.
The Camden County Prosecutor's Office said Friday that indictments were dismissed or convictions vacated in 171 cases. There are 14 more cases where charges were dismissed before any indictments were handed up."


"Their actions, however, should be no reflection on the countless dedicated police officers who perform their mission honestly and admirably."

Well it does and I do not trust you LEOs. I cant see how anyone would.
 
I agree our Justice system is as corrupt as the politicians and police departments! !!!
According to them (whom actually are supposed to work for us) they don't have to play by the same rules as the sheep...
 
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Not only that but this cop is being rewarded with paid leave instead of punishment
Which is really messed up.

OK, so why not pay the cop to sit out until there is a ruling. Then if the cop is found guilty he/she must return the paid leave pay. That sounds too much like "justice" and the cops don't like "justice" if its against them.

Yeah, its a dream that the law would actually be fair and impartial.
 
Its pretty messed up that a non-LEO can get charged with a felony for just putting their hands on a cop but a cop can almost beat a person to death and nothing happens to them. Just like a cop can kill your dog/s and it is not a big deal to the cop, Internal Affairs, D.A or the court. But even bark at a cops K-9 and off to jail you go.

What a twisted America we now live in. This is not what our Founding Fathers envisioned for us. This is not the freedom they fought for.
 
What do you call a Seattle cop with 120 complaints against him?










Deputy.

"SEATTLE -- A sergeant who racked up more than 100 complaints during his tenure with the King County Sheriff's Office ...
... Saulet had at least 120 complaints made against him, which Urquhart says is by far the most in the department. The next closest sergeant has 23 allegations, according to Urquhart. ... "

<broken link removed>



Follow up:
http://slog.thestranger.com/slog/ar...atened-to-arrest-me-for-taking-photos-of-cops
 
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This is pure tyranny!!!! I really can not wait for the collapse to happen if only to be able to start picking off LEO's. When they don't have a kangaroo court to back up their horrific actions I would be willing to bet they won't be so quick to kick a door in and charge the homeowner! LE goons are a disease in this country that needs a good dose of lead poisoning!!!!!
 
The problem with the internet is the reports that get out to cops on a daily basis make them ULTRA paranoid and they overreact to just about everyone they meet nowdays.

The other problem with the internet is that civilians like us have access to every single incident that happens by bad cops as well.
It in turn makes us paranoid too. We begin to see even good cops as the enemy.
 
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