Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Don't Talk...
#1
Don’t Talk to Police! Legal Behavior Justified a Search

By The Daily Bell Staff - February 20, 2018



It was legal to carry weed in his car when he was in Washington state.

But now he was in Indiana, pulled over for a broken headlight. The cop didn’t smell anything suspicious, nor did he suspect the driver of being impaired. But he did ask some questions.

And that is where the driver screwed up. It is hard in the moment. An intimidating person with a gun is interrogating you. But you have got to stay calm and say in the most polite possible way that you will be exercising your right to remain silent.

Try something like, “With all due respect sir, I make it a habit not answer questions without a lawyer present.” The police officer may try to intimidate and bully you, but he cannot establish probable cause based on your refusal to answer his questions.

The cop asked the driver if he had any marijuana in the car. The driver said no.
The cop then asked if the driver had ever had any marijuana in the car. The driver said that when he was in Washington state, he did carry marijuana in the car, which is legal there.

Even though the man was admitting only to legal behavior, the police officer used this fact to justify ordering a canine unit to the scene. The dog alerted the officers to drugs, and a search turned up a small amount of marijuana and a hallucinogen called DMT.


The man’s lawyer tried to have the evidence suppressed based on the fact that the officer did not legally establish probable cause to order a canine unit. The stop extended beyond a reasonable time frame while waiting for the drug sniffer to arrive.

But the court ruled that since the driver admitted to possessing marijuana in the car in the past, it was reasonable for the officer to assume he may still possess marijuana.

Quote:The judges explained while police can ask questions about unrelated criminal activity during a traffic stop, Toschlog was under no obligation to answer the officer’s questions regarding the past presence of drugs in his vehicle.
“His choice to do so and to disclose inculpatory information — i.e., that he had previously had drugs in his car — provided the officer with reasonable suspicion to believe at that point that Toschlog currently had marijuana in his vehicle,” the judges said.


This just goes to show that even admitting to legal behavior can allow officers to uncover a crime. This case is obvious, but there are so many crimes on the books, that you might not even realize you have broken one. That is why it is always best to avoid answering questions.

Police are trained to look for ways to make you trip up. What may seem like an innocent line of questioning is really an officer digging for suspicion, probable cause, and legal infractions.

It is always better to remain silent.

You don’t have to play by the rules of the corrupt politicians, manipulative media, and brainwashed peers.



For more read at:
http://www. thedailybell.com/news-analysis/dont-talk-to-police-legal-behavior-justified-a-search/
"Let your tongue speak what your heart thinks."   --Davy Crockett
Reply
#2
Interesting post Dancing Wolf.
Reply
#3
Yes, always use your right to remain silent!!
Let us be thankful for the fools. But for them the rest of us could not succeed. ~ Mark Twain
Reply
#4
Hopefully I never need to utilize my right of silence but informative post nonetheless Thank you!
Reply
#5
Yeah pretty tricky. It all depends on the cop you get and weather you both share good chemistry. In the past I just stay calm and treat them with respect. Hope for the best. Hope all is well.
 There is more time than life ....  so make it count!
Reply
#6
ive seen good and bad cops on tv since not in US and really would not mess with us cops, some seem way to trigger happy someone refusing to talk to someone on high tide might land in more trouble then they asked for, co operative is the key, obviously this guy screwed up by saying he had mj before.instead of just no.

Since theres good video on youtube why you should always remain silent and never answer Q's ,but think with wrong cop it would be 15 minutes later until next stop was performed with k9 present, if one had attitude ill only speak with lawyer present,and could easily trick to get into full car search etc.
Reply
#7
I was just listening to a program on NPR where the guest was speaking about how Switzerland decriminalized all drugs and haven't had an OD in 20 years. The misconception in the US is that doing this would bring about chaos...but the speaker's point was that all drugs are illegal and look at all the chaos now. Turn to Switzerland and they're not perfect but decriminalization has worked for them.
Its too bad that we have to play cat and mouse with law enforcement when we could be facing our troubles in the light and helping the sick people to find proper treatment and legitimate medicine. Thanks for the post Dancing Wolf! I'll be saying less or nothing if i ever have a run in with the law.
Reply
#8
I think the outcome of 'no comment' is very situational dependent. I was caught speeding a while ago, and because I was open and honest with the policeman (yes I was going too fast, yes I understand why you are there checking, yes I'm sorry) I was let off with a warning. If I'd tried the no comment, your trying to entrap people or bolshy approach I'm sure I'd have some points and a fine right now.

Probably slightly different if I'm being asked questions about potential illicit substances. Then maybe no comment is the best way to go. You might have to go downtown for a few hours but the burden or proof lies with the police and if you give them nothing it makes things that much harder.

This is definitely one of those situational questions where you may only be able to second guess the best approach in hindsight. But for anything serious I'd say no comment and legal representation I definitely the way to go.
Reply
#9
My understanding is that you are only allowed to be asked your name (not show ID) if you are NOT operating a motor vehicle and if you are, can only be asked to show license, registration, proof of insurance.  At that point, barring probable cause, you can ask questions or be silent.  Your choice. 

Now being silent may result in a "probable cause" search, but that should be much easier to get thrown out.  My two cents.
Reply
#10
Maybe NY is the Bitch State. I was attending a summer class to decide if I wanted to attend a law school in the area.

I was standing outside a music store the owner was just closing. Waiting for my BF to get the car. And a cop told me I had to show him my ID. I did not even drive at the time. But, I had a few matching IDs that had my name and age.

When I thereafter asked the officer was it commonplace to ask for ID in such situations? And he said, I wanted to make sure you were not a prostitute.

How would my ID prove that I was one, or that I was not? And, when I questioned him very politely a bit more, he said, when i tell u to do something, u do it. Period.

So then my ride shows up. An attorney. And the ID I showed indicated I was attending summer courses at college. And my home address proved I waS NO hooker. And, I gave him my Fathers law office card, at which I worked, as further proof. Some attorneys will steal your money. But I never met an attorney whom left the profession to become a hooker.

It still pisses me off.
Angel  It is Well with My Soul  Angel
Reply


Forum Jump:


Users browsing this thread: 1 Guest(s)