Thursday, March 25, 2010

Don't Talk to Police

What No one Will Tell You About Police

"Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances." - 1949 opinion by U.S. Supreme Court Justice Robert Jackson Yes the very same supreme court that is the last court in the land has consistently said, citizens should not talk to police. This might be contrary to everything that your bad education has told you. This might be against everything your horrible backwards political church has told you. This might be against everything your opposite-upbringing parents have taught you.

What do all of these people have in common? They have absolutely no understanding of human rights and how the strong arm of the law works.

I have heard time and again of ridiculous parents who have turned their own children in. Instead of them admitting their own failure as a parent, they throw their children to the wolves. So they blame the son or daughter for their own shortcomings and expose their child to rape, evil, real crime and hardened criminals. Obviously being a parent does not come with a diploma. Let's hope by the end of this article you or your neighbor will stop these parents and show them the error of their ways.

But He's Guilty

A lot of Americans do not understand what a policeman is. Oh, they think they do. They think the police are some form of justice. They think that the police are there to help them. In the grand scheme of the long arm of "justice" the police are simply the bullet inside the gun, held by the hand, attached to the arm of justice. The police aren't even the gun. They are the bullet. What can a bullet do? For all the arguments about guns and such, the job of a bullet is simply to kill people. The bullet serves no other purpose than to go inside the flesh of someone and cause as much damage as they can. They are there to enter the flesh and explode, leaving behind shrapnel and a gaping hole, wide enough to hopefully kill the body.

A police can only find, arrest and assist in prosecuting you. That is the sole function of the police. Let's take a look at these 3 duties.

Finding "Criminals"

Everyone lives in this fantasy land that police are heroic paladins that plunge head first into the pits of hell to bring out criminals doing wrongdoing. It is a fact that 50% of a polices contact and job is done through traffic stops. It generates trillions of dollars a year, nationwide. Unless you consider yourself a criminal, I daresay that the police are not FINDING criminals, they are finding citizens they can leech off of. But don't take my word for it, take the word of Officer George Bruch of Virginia Beach Police Department. He says, "I can follow any of you, in your car and the laws are written in such a way that you will commit an infraction. And, I can legally pull you over and ticket you. It is nearly humanly impossible not to commit an infraction." Did you read the last part? It is nearly humanly impossible not to commit an infraction. That means that, given the knowledge of the particular policeman trailing you, you WILL be pulled over and ticketed.

Ok so the police have found their criminal.

Arrest "Criminals"

In the last section we found how police do most of their finding criminals. The police have absolutely no need, nor are they required by law, to be open and honest with you. Let's assume that they are investigating ... 30 crimes that day. They have 30 files sitting on their front seat of crimes committed in the area. They stop you in your car. Now, from your perspective you think you have been pulled over for failing to yield to a garbage truck, but to the cop you are one of the 30 suspects. The cop then barrages you with a series of questions, which you try and answer truthfully.

You end up going downtown. And, you have no idea why. The cop scratches off one on his pad, only 29 more to go.

You think this is preposterous? You're just being silly. It happens, all day, every day, every hour.

Oh, but they only arrest scumbags. Really? Because so many scumbags drive cars and pay their insurance and make sure their registration is up to date. Get real. If 50% of a cops contact with the public is through traffic stops, what percentage of them do you think are scumbags? Little to none. I have reported case after case where cops have been asked to leave municipalities because they were harassing the residents of the town, not arresting scumbags.

Prosecuting "Criminals"

Notice I said ASSIST in prosecuting criminals above. It is little known to the public that police have no authority by themselves. They have no power whatsoever to prosecute you. They have no power to even cut a deal with you. The cannot promise you anything, that is backed up solely by them. They cannot give you something based solely on their own authority. The police have no power.

Police have guns. That is their only authority. Some of you might ask, isn't that enough? No, we are talking about the "LEGAL" world. Remember stuff like "the pen is mightier than the sword"? This directly applies here. The police don't even charge you.

The person that has all the authority, is the DISTRICT ATTORNEY. The police make suggestions to the D.A. The D.A. makes deals, charges you, cuts you some slack, reduces the charges etc. The police do nothing. They simply physically grab you.

Where does their assistance come in? AHA, this is where people mess up, time and time again. Remember the police suggest things to the D.A. Remember the police have no compunction to tell the truth. The police try to get you to confess to crimes.

25% of all cases have been already shown to have been of innocent men and women nationwide, evidenced by DNA evidence. It was shown in the cases that the persons incarcerated were incapable of being at the scene of the crime. In several cases confessions were received from the mentally retarded. Those cases were of the ones tested. So the police got confessions from every one of those cases and quite a few were of mentally retarded persons.

There is a famous case where the police know the person is not guilty of the particular crime, but they have a confession. If they reveal that the person is innocent, everyone from the FBI on down would be exposed to law suit, fired, or worse incarceration themselves.

Let's review a very famous case. Martha Stewart! She was charged with insider trading. A very serious charge from the SEC. But they could not get her on insider trading, because she did not do insider trading. WHY DID SHE GO TO JAIL? They proved she lied to prosecutors and sent her away from obstruction of justice.

Wait! What?

She spoke to the police. The police had a witness that contradicted her statements. The prosecutors then charged her with obstruction of justice. It doesn't matter that she was not guilty of the actual charge of insider trading. They wanted to put her away. And, the court allowed them.

What part was wrong on her part? "She spoke to the police." The police try and try to get you to talk to them. They try and get you to confess. How?

This is how:
  • do you know how fast you were going
  • if you cooperate I'll go easy on you
  • if you cooperate this will all be over
  • write an apology to the victim, it's the right thing to do
  • if you have nothing to hide, you won't mind me taking a look
  • if you have nothing to hide, you won't mind me frisking you
  • if you have nothing to hide, you won't mind me opening this
  • open the trunk let's have a look inside
  • you don't mind me looking around your car
  • step out of the car
  • step away from the car
  • empty your pockets
  • empty your purse / wallet
  • are you carrying anything illegal
Does that list surprise you? Do you realize that every single one of those are a constitutional violation. Did the police inform you that you had the right to completely refuse? Did the police advise you that they ARE FORBIDDEN to do that if you refuse?

Police count on the fact that most citizens are not used to being stopped. They count on this because it upsets the average citizen. When a citizen is upset they are normally completely disarmed to the situation. That means, the most ridiculous request will be followed. That means that a person may forget about their constitutional rights.

Remember those rights? Sometimes when you're arrested you'll receive a Miranda Warning:
the right to remain silent, the right to counsel, and the warning that anything said by the suspect may be used against you.
Notice this is a warning, not a right. The right is found in the constitution.
  • you do not have to confess to the police
  • you do not have to answer questions to the police
  • you do not have to get out of your car
  • you do not have to empty your purse / wallet
  • you do not have to let the police get in your car
  • you do not have to open your trunk
  • you do not have to empty your pockets
  • you do not have to say anything to the police
  • you do not have to allow the police to search you on a regular traffic stop
This means, if the cop pulls you over, gets out of his car and comes to your window:
  • you roll your window far enough to hand him your license and registration
  • keep quiet
  • if the cop asks you to step out, do anything else, advise him that you DO NOT RELINQUISH YOUR CONSTITUTIONAL RIGHTS
If the cop insists, ask for someone above him.

Bully Tactics

Of course cops use bully tactics to get their way. They know that it upsets people that cops hover around. For the most part cops are more physically fit than the average citizen. They use their size and yelling at people to bully people into relinquishing their rights.

Remember COPS HAVE NO AUTHORITY. Even if a cop wanted to, he could not help you. Even if he loved you, he could not cut you a deal. Get it out of your brain that the cop is the person to help YOU. Save your confessional for your own lawyer. Save your deal brokering speech for the D.A.

Why would you allow a cop to bully you? Remember, aren't they here to serve and protect YOU? If a cop is a bully, simply make a note of it and talk to the D.A. and your attorney about the cop AFTERWARDS. You will not assist the situation by telling the cop, in question, that they are being a bully. He knows he's a bully. He's doing it on purpose. Sit there quietly and accept the ticket. The cop can't even argue with you about the ticket. Go to the courthouse and declare how unjust the ticket is. More than likely the courthouse will rip it up, not the cop.

But I'm afraid he'll do something? What is the cop going to do? Stay in your car and do not get out. You are not compelled to get out of your car if a cop pulls up to you. Just be silent and save any and all arguments for someone that cares and CAN HELP.

If the cop continues to ask you questions, ask for your identification back and ask if there is anything else you can assist him with and if not you'll just excuse yourself.

"If there is nothing else, may I have my license and registration back and be free to go."

After about the 3rd time, they should either hand you back the license and registration or give you the ticket and your belongings. Do not turn a simple situation into a big mess, because you got nervous.

It is the failure of most Americans to understand their constitutional 5th amendment rights. The 5th amendment states: “no person... shall be compelled to be a witness against himself.” The police rely on Americans to unwittingly waive their rights constantly, to throw them in jail. In the process of detecting whether or not you have committed any crime, the police may make observations of his own, but the bulk of his work is done by tricking, lying or intimidating you into waiving your 5th amendment right to remain silent. Take the words of Justice Robert Jackson who is quoted as saying in Watts v. Indiana, 338 U.S. 49. 59 (1949) "Any lawyer worthy his salt will tell the suspect, in no uncertain terms, to make no statement to the police under any circumstances."

Please visit my legal website: Las Vegas Nevada DUI Attorney
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