Friday, September 24, 2010

A TEXTBOOK Case: How *NOT* to Handle Being Stopped by Police...

I don't have time to write this whole post ATM, but will (hopefully) be back to top it off in the AM.
In the meantime, check out THIS POST at WRS: Warning -- the burning stoopid (on the part of the Patriot) and all-too-typical @$$hattery (on the part of the pig++) **WILL** do battle in your head, and may lead to spontaneous cranial explosion.

More to come...


As promised, here goes.

I found THIS POST at WRS which links to THIS POST at RTC.

Go.

Read.

I'll wait.

OK -- Are you with me?

Good.

I'm going to keep this as short and sweet as I can.

BEFORE I GO ON, the usual "IANAL, YMMV, ETc..." disclaimers apply!

Here's what SHOULD HAVE HAPPENED:
As we (my Wife and I) were travelling through Tennessee, we were stopped by a Tennessee State Trooper (Officer Michael Loftis, Badge #331), because the tinting of the windows on our vehicle was too dark.
After checking my license, registration and insurance and verifying that they were up to date, Officer Loftis then asked with no probable cause, if I had any drugs or weapons in the car.

I told Him no drugs, but that I did have a pistol in a locked box, locked in the trunk of the car. Officer Loftis asked me if I had a permit for the pistol, and I said No, that permits were not necessary in Colorado except for the CCW. His response was that we weren’t in Colorado, we were in Tennessee and that in Tennessee, permits for handguns were required. (Permits to “CARRY” handguns are required in Tennessee-but there are NO permits required to POSSESS handguns, rifles or shotguns in Tennessee).

I told him I did not wish to answer any questions, told him that I would like to have an attorney present before any further questioning, and asked if I was being detained. He said I was NOT being detained, to which I asked "then am I free to go?"

He tried the usual intimidation tactics ("You can answer my questions here or downtown, after I arrest you") and cajoling ("If you have nothing to hide, then what's the problem?")

I just repeated myself then STFU.

"I don't wish to answer any questions.


Am I being detained?


Am I free to go?


I don't wish to answer any questions.


I prefer to remain silent, and want an attorney present before any further questioning.


Am I being detained?


Am I free to go?"

Officer Loftis then told me to exit the vehicle and open the trunk. After I complied and opened the trunk, Officer Loftis could plainly see that it was EXACTLY as I had said. Officer Loftis then told me to unlock the guncase and then told me to step away from the vehicle. I informed Him that the reciept for the pistopl was in the guncase and I reminded Him that no permits are required in Colorado exept for the CCW.

I asked if he was ORDERING me out of the car, or if I had the right to stay where I was. He said it was an order. I asked if I was being detained, he said no.

I asked if I was free to go, he said no - and repeated his order to step out of the vehicle and open the trunk.

I stepped out of the vehicle as ordered - locking the keys inside(**) - and said

"I DO NOT CONSENT TO ANY SEARCHES, SIR.


AM I BEING DETAINED?


AM I FREE TO GO?


I DO NOT WISH TO ANSWER ANY QUESTIONS, SIR - I PREFER TO REMAIN SILENT, AND WOULD LIKE AN ATTORNEY PRESENT BEFORE ANY FURTHER QUESTIONING."

Officer Loftis asked me where I was coming from,
and I told Him Washington DC. Officer Loftis asked me, “What the heck would you want to go there for?” So, I explained to Him that I work for a radio station (Freedomizer Radio), and that we were covering the Tea Party Rally in Washington DC on April 15th, and the 2nd Amendment Rally at Gravelly Point, Virginia on April 19th. Officer Loftis then asked, “Oh, you mean that park that’s right across the Potomac from Washington?”


And I answered with “Yes.”
"I DO NOT WISH TO ANSWER ANY QUESTIONS, SIR - I PREFER TO REMAIN SILENT, AND WOULD LIKE AN ATTORNEY PRESENT BEFORE ANY FURTHER QUESTIONING.


AM I BEING DETAINED?


AM I FREE TO GO?"

Officer Loftis then asked me “Why would you take a handgun to an event like that?”

And I answered
” the 2nd Amendment Rally at Gravelly Point was an ‘open-carry’ rally, and since I believe in the 2nd amendment, even though I was with the press, covering the rally, I wanted to show my support to the participants, by wearing my firearm as well, but that the handgun NEVER entered Washington DC, It stayed in Virginia which is an ‘open-carry’ State”

"I DO NOT WISH TO ANSWER ANY QUESTIONS, SIR - I PREFER TO REMAIN SILENT, AND WOULD LIKE AN ATTORNEY PRESENT BEFORE ANY FURTHER QUESTIONING.


AM I BEING DETAINED?


AM I FREE TO GO?"

Officer Loftis then took the guncase and it’s contents back to his car to check it out.

I responded "I DO NOT CONSENT TO ANY SEARCHES, SIR.


AM I BEING DETAINED?


AM I FREE TO GO?
<<SNIP!!>>
...

Aw, hell.

This is REALLY GETTING OLD.


Look, People -- it's really ****ing SIMPLE.  Even my daughter's psychotic, brain-damaged cat is now looking at me, asking "WTF, DD -- do you think they're idiots?

WE GOT IT!
(1) "Sir, I DO NOT CONSENT TO ANY SEARCHES, OF ANY KIND."

(2)  "AM I BEING DETAINED?"

(3) "AM I FREE TO GO?"

(4) "I DO NOT WISH TO ANSWER ANY QUESTIONS, SIR - I PREFER TO REMAIN SILENT, AND WOULD LIKE AN ATTORNEY PRESENT BEFORE ANY FURTHER QUESTIONING."

IT REALLY IS THAT SIMPLE.

While I know - in the depths of my heart - that this gentleman is a Patriot,

HE IS ALSO AN IDIOT.

HE is responsible for what happened to him.

THE PIG (++) IS NOT TO BLAME for this man losing his guns - or anything else that happened here.

THIS PATRIOT IS THE ONE TO BLAME.

HE IS THE ONE WHO GAVE PERMISSION FOR EVERY SINGLE THING THAT HAPPENED.

AT NO TIME DID HE EVER ASSERT HIS RIGHTS.

NOT

EVEN

**ONCE**!!

Yes, I know "the pig shouldn't have..."

(BLAH BLAH BLAH)

DOES NOT MATTER.

Pigs are pigs.

Pigs do what pigs do because they are pigs.

You cannot blame a pig for being a pig - but if you let him slop mud and s*** all over your living room -- AS THIS PATRIOT DID -- is it fair to blame the pig?

No.

You blame the idiot who left the door open - who invited the pig in the house and told him to help himself to whatever he wanted, who did nothing to prevent the pig from being a pig.

Pete over at WRSA has already linked 2 VERY important vids IN THIS POST HERE, (PART 1 and PART 2)

Even MORE important - for these situations - is this vid from the ACLU: "Busted: The Citizen's Guide to Surviving Police Encounters" The vid says they have a new version ("10 Rules for Dealing With Police") - I haven't watched it yet so I can't say any more about it.  <<EDIT: Worth the time, but the "Citizen's Guide" is better.>>

WATCH THEM ALL.

MAKE YOUR WIFE WATCH.

MAKE YOUR KIDS WATCH.

REPEAT AS NECESSARY.

ROLE-PLAY - especially with teens - UNTIL EVERYONE GETS IT DOWN.
(1) "Sir, I DO NOT CONSENT TO ANY SEARCHES, OF ANY KIND.


(2) AM I BEING DETAINED?


(3) AM I FREE TO GO?


(4) I DO NOT WISH TO ANSWER ANY QUESTIONS, SIR - I PREFER TO REMAIN SILENT, AND WOULD LIKE AN ATTORNEY PRESENT BEFORE ANY FURTHER QUESTIONING.

THAT'S IT!

Don't be an idiot, and remember that pigs can't help being pigs.

Had this Patriot simply asserted his rights from the beginning, and STUCK TO IT, he'd have been on down the road with - at most - a warning for his window-tint.  TN can't make a CO resident remove tint from their windows, so that would have been it.

DD

(++) I have some friends - Brothers, really - who also happen to be Peace Officers.  They are not pigs.  Anyone who doesn't know the difference is either a pig themselves, or has been living under a rock for ~40 years.  'Nuff said.

** I keep a spare door-key hidden on my car - any intelligent person should be able to figure out how to do this. I've never needed a tool to unlock my car, and nobody has ever found it. THINK!!

PS:  Vids embedded here...




(note: click on the vid - Parts 2-4 will be found in the "related" at the side...

3 comments:

Dennis308 said...

Right you are, but you already know that.

About 12 or 13 years ago I was going back home(Louisiana at the time)from Datona Bike Week and was stopped for speeding(guilty as chargerd but no ticket)I had a few seconds before the PoPo caught up to where I had pulled over to the shoulder of the road. I put these few seconds to my favor and took out my Registration and Insurance Card got out of my Pick-up and locked the doors. The nice PoPo arived as I was standing by the locked door and asked my why I got out of the Truck and I replied that I was Tired of sitting and that I had My Reg. and Insurance in hand and presented him with My Papers and Drivers Lic. and asked him what was the problem. He said I was Speeding he then asked to look into the Truck and I replied sure Go Ahead. When he attempted to open the door and discovered it looked he asked me to open the door and I replied no that he could look through the windows to see inside. This confused him to say the least. He asked me to open the door again and I replied no that a traffic violation was not ground to search my truck I pointed to my keys hanging on my belt and said I would not resist in any manner but that I would not give my permission for him to open my truck either. I aked if I was free to go and he knew he had been had and replied yes I could be on my way.

It was pretty funny at the time as the nice PoPo was compleatly flabergasted to find a Citizen that was not in fear and awe of his authority.

I should not have answered any of his questions but he was young and in-exereinced and the temptation was to much to resist.

Dennis
III
Texas

Dedicated_Dad said...

'Round here, exiting your vehicle could get you shot.

I won't submit to ANYTHING, but I DO follow all "The Rules" for traffic stops.

Lights on, Car off.
Hands on wheel.
DO NOT MOVE.

When he asks for lic/Reg, it's "Lic. is in my wallet, which is in my left-rear pocket. May I get it out? My Reg. is in my glove-compartment - May I open it?"

I open glove box then sit back - "My reg. is in the black folder - may I get it out?"

No furtive moves, no misunderstandings. I don't want to die today.

That said, I LOVE when they say "do you mind if I ask..."

I always respond "Sir, You can ask whatever you like!"

Then stare at them.

When they finally get the point, and actually ASK their question (instead of asking if they can ask their question) I say "I don't wish to answer any questions, sir - I'd like to leave now -- am I free to go?"

Some smile and waive me on, some REALLY get their dander up -- instant "pig" check, btw...

I have a bit of an advantage - I'm a mature, clean-cut, upper-middle-class male -- and most of them are afraid to cross someone like me.

I wouldn't want to be young or poor, though...

DD

Dennis308 said...

In the instance I was refering to the PoPo was in a Church Parking lot and he had to get out of it on aside road before he could give pursuit on the main hi-way, and I was out of the truck BEFORE he Caught up to where I had pulled over. I keep my ¨Papers¨ clipped to the sun visor.

Dennis
III
Texas