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(NW Florida Daily News)   Cops stop you as you walk down the street and ask if you have any drugs on you. The wrong thing to say is: A) I need a lawyer? B) I need a lawyer? C) I need a lawyer? D) Just less than an ounce of weed?   (nwfdailynews.com) divider line 61
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7423 clicks; posted to Main » on 26 Oct 2011 at 12:03 PM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2011-10-26 01:27:47 AM
E) Are you selling?
 
2011-10-26 01:41:39 AM
E) "None of your damn business."
 
2011-10-26 02:34:25 AM
HE GOT WEED!
 
2011-10-26 03:52:29 AM
I've got a pipe with an addictive substance. IN MY PANTS.

/Wait, I guess that wouldn't be a good thing to say, in this case.
 
2011-10-26 09:30:13 AM
Given the size of our prison population, and the stupidity of the populace, police should have to read people their miranda rights before they ask them any sort of incriminating question.
 
2011-10-26 09:47:44 AM
"That" was a really poorly "written" article.
 
2011-10-26 10:45:22 AM
Unless carrying less than an ounce of weed is illegal, the cop had no right to search him. Any amount of pot is illegal in most places, but in Massachusetts carrying around less than an ounce of weed is tantamount to running a stop sign. No probable cause for search there, either.
 
2011-10-26 11:21:36 AM

jaylectricity: Unless carrying less than an ounce of weed is illegal, the cop had no right to search him. Any amount of pot is illegal in most places, but in Massachusetts carrying around less than an ounce of weed is tantamount to running a stop sign. No probable cause for search there, either.


They can ask. If he is stupid enough to agree to be searched, they can search him.

Don't need any probable cause to ask. They need probable cause to do it without consent.
 
2011-10-26 11:26:31 AM

dahmers love zombie: "That" was a really poorly "written" article.


It felt like a new Google search.
 
2011-10-26 11:52:52 AM

Flint Ironstag: jaylectricity: Unless carrying less than an ounce of weed is illegal, the cop had no right to search him. Any amount of pot is illegal in most places, but in Massachusetts carrying around less than an ounce of weed is tantamount to running a stop sign. No probable cause for search there, either.

They can ask. If he is stupid enough to agree to be searched, they can search him.

Don't need any probable cause to ask. They need probable cause to do it without consent.


AM I UNDER ARREST?
AM I FREE TO GO?
I WANT TO SPEAK TO A LAWYER.

FFS
what is wrong with people.
oh yah, he was high.
nvm
 
2011-10-26 12:09:52 PM
images.villagehatshop.com

The hat in question.
 
2011-10-26 12:10:11 PM
E) No

...is it that hard?
 
2011-10-26 12:11:26 PM
So who's the biatch that turned him in? And why? I want the back story!
 
2011-10-26 12:11:27 PM
E. all of the above ....correct answer is ..F ..why am i being detained officer ?
 
2011-10-26 12:12:25 PM
"Think of how dumb the average person is, and then realize half of them are stupider than THAT!" - George Carlin
 
2011-10-26 12:17:54 PM
Correct answer to *any* police question: I have nothing to say. May I go now?
 
2011-10-26 12:19:32 PM

namatad: Flint Ironstag: jaylectricity: Unless carrying less than an ounce of weed is illegal, the cop had no right to search him. Any amount of pot is illegal in most places, but in Massachusetts carrying around less than an ounce of weed is tantamount to running a stop sign. No probable cause for search there, either.

They can ask. If he is stupid enough to agree to be searched, they can search him.

Don't need any probable cause to ask. They need probable cause to do it without consent.

AM I UNDER ARREST?
AM I FREE TO GO?
I WANT TO SPEAK TO A LAWYER.

FFS
what is wrong with people.
oh yah, he was high.
nvm


Terry Stop is legal albeit really shiatty. Police can nearly always stop you and frisk you without probable cause
 
2011-10-26 12:23:06 PM
My response is: "Do you have any doughnuts on you?"
 
2011-10-26 12:23:23 PM
25.media.tumblr.com
 
2011-10-26 12:23:40 PM
G) flip the bird and say "Fark you, pig".
 
2011-10-26 12:26:06 PM

Jake Havechek: G) flip the bird and say "Fark you, pig".


that's a good way to end up with some extra rocks in your hat
 
2011-10-26 12:28:02 PM
In other news, some Farkers are still butt hurt that they have to follow "the law" and that there are consequences for breaking it.
 
2011-10-26 12:31:16 PM

nburghmatt: Jake Havechek: G) flip the bird and say "Fark you, pig".

that's a good way to end up with some extra rocks in your hat


Why not? Freedom of speech. I'm not inciting violence or issuing a threat, I am merely offering my opinion of the officer to the officer.
 
2011-10-26 12:35:12 PM

Jake Havechek: nburghmatt: Jake Havechek: G) flip the bird and say "Fark you, pig".

that's a good way to end up with some extra rocks in your hat

Why not? Freedom of speech. I'm not inciting violence or issuing a threat, I am merely offering my opinion of the officer to the officer.


And the officer won't be beating the snot out of you in retaliation, he will be restraining you after you resist arrest. Hope you brought a camera, so they can charge you with an illegal wiretap when you try to record your arrest.
 
2011-10-26 12:35:31 PM

namatad: Flint Ironstag: jaylectricity: Unless carrying less than an ounce of weed is illegal, the cop had no right to search him. Any amount of pot is illegal in most places, but in Massachusetts carrying around less than an ounce of weed is tantamount to running a stop sign. No probable cause for search there, either.

They can ask. If he is stupid enough to agree to be searched, they can search him.

Don't need any probable cause to ask. They need probable cause to do it without consent.

AM I UNDER ARREST?
AM I FREE TO GO?
I WANT TO SPEAK TO A LAWYER.

FFS
what is wrong with people.
oh yah, he was high.
nvm


"Thank you officer, but I'm going to have to talk to my lawyer before I answer any questions. Here's her business card. No, I will not go with you to answer questions without my lawyer being present. If you would like, I can call her now and you can talk to her."
 
2011-10-26 12:38:20 PM

Jake Havechek: nburghmatt: Jake Havechek: G) flip the bird and say "Fark you, pig".

that's a good way to end up with some extra rocks in your hat

Why not? Freedom of speech. I'm not inciting violence or issuing a threat, I am merely offering my opinion of the officer to the officer.


I used to think it was a good idea to state my rights and not be cooperative with the police when questioned, because I didnt have to. After spending several nights in jail, I decided that the fact that the cops can pretty much do whatever you want to them means you should treat them like they're a great white shark and you dont have a big enough boat.
 
2011-10-26 12:38:21 PM
How about if I prefix with "in my opinion"?

"In my opinion officer, you are a farking pig, your mother was a whore, and you emit a foul odor"
 
2011-10-26 12:40:36 PM
I decided that the fact that the cops can pretty much do whatever you want to them means you

*ouch* hurt my brain

WTF were you trying to express there?
 
2011-10-26 12:44:00 PM

LesserEvil: In other news, some Farkers are still butt hurt that they have to follow "the law" and that there are consequences for breaking it.


The cops don't have to. Why should we?
 
2011-10-26 12:45:38 PM
Don't Talk to Police (new window)

/Oblig
//Learn it. Live it.
 
2011-10-26 12:52:23 PM

clyph: LesserEvil: In other news, some Farkers are still butt hurt that they have to follow "the law" and that there are consequences for breaking it.

The cops don't have to. Why should we?


If you honestly believe that, and insist on stooping lower than your "opponent", why should anybody have respect for you or what happens to you?
 
2011-10-26 12:57:38 PM

Jake Havechek: nburghmatt: Jake Havechek: G) flip the bird and say "Fark you, pig".

that's a good way to end up with some extra rocks in your hat

Why not? Freedom of speech. I'm not inciting violence or issuing a threat, I am merely offering my opinion of the officer to the officer.


Actually its harassing a police officer and obstructing justice.

I'm sure they could come up with half a dozen other charges as well, starting with resisting arrest.
 
2011-10-26 01:10:05 PM
blogs.yucatan.com.mxblogs.yucatan.com.mx
 
2011-10-26 01:18:25 PM

namatad: Flint Ironstag: jaylectricity: Unless carrying less than an ounce of weed is illegal, the cop had no right to search him. Any amount of pot is illegal in most places, but in Massachusetts carrying around less than an ounce of weed is tantamount to running a stop sign. No probable cause for search there, either.

They can ask. If he is stupid enough to agree to be searched, they can search him.

Don't need any probable cause to ask. They need probable cause to do it without consent.

AM I UNDER ARREST?
AM I FREE TO GO?
I WANT TO SPEAK TO A LAWYER.

FFS
what is wrong with people.
oh yah, he was high.
nvm


Of course he should have said no to a search, and said he will not say anything without a lawyer. As someone has already posted the "Never talk to the police" video that saves me doing it, but my point was the police can ask you questions and ask to search you and if you are dumb enough to consent when you know you have drugs on you then you deserve to be arrested and it was perfectly legal. No probable cause needed. You consented dude!

They need PC to search you without your consent.
 
2011-10-26 01:20:29 PM
I briefly read that as "Cows stop you as you walk down the street and ask if you have any drugs on you.". It was a delightfully absurd mental image, but even so, I probably should have gotten a lot more sleep last night.
 
2011-10-26 01:22:37 PM

tarhammer: Jake Havechek: nburghmatt: Jake Havechek: G) flip the bird and say "Fark you, pig".

that's a good way to end up with some extra rocks in your hat

Why not? Freedom of speech. I'm not inciting violence or issuing a threat, I am merely offering my opinion of the officer to the officer.

I used to think it was a good idea to state my rights and not be cooperative with the police when questioned, because I didnt have to. After spending several nights in jail, I decided that the fact that the cops can pretty much do whatever you want to them means you should treat them like they're a great white shark and you dont have a big enough boat.


And yet every time I do just that I walk away unscathed, often faster than people I'm with who are acquiescing to all demands.

Am I being detained?
No - leave. They will make it clear if they're really detaining you.
Yes - lawyer. If they have a reason to detain you, they have a reason to arrest you. If they don't have a reason and are illegally fishing, the only thing you can do by talking with them is by talking.

No searches are allowed, no property may be seized, etc. It works quite well when you calmly, but firmly, make it known that you know your rights.
 
2011-10-26 01:23:26 PM

King Something: "Think of how dumb the average person is, and then realize half of them are stupider than THAT!" - George Carlin


tarheelred.files.wordpress.com

/love George Carlin, though
 
2011-10-26 01:33:20 PM

Flint Ironstag: namatad: Flint Ironstag: jaylectricity: Unless carrying less than an ounce of weed is illegal, the cop had no right to search him. Any amount of pot is illegal in most places, but in Massachusetts carrying around less than an ounce of weed is tantamount to running a stop sign. No probable cause for search there, either.

They can ask. If he is stupid enough to agree to be searched, they can search him.

Don't need any probable cause to ask. They need probable cause to do it without consent.

AM I UNDER ARREST?
AM I FREE TO GO?
I WANT TO SPEAK TO A LAWYER.

FFS
what is wrong with people.
oh yah, he was high.
nvm

Of course he should have said no to a search, and said he will not say anything without a lawyer. As someone has already posted the "Never talk to the police" video that saves me doing it, but my point was the police can ask you questions and ask to search you and if you are dumb enough to consent when you know you have drugs on you then you deserve to be arrested and it was perfectly legal. No probable cause needed. You consented dude!

They need PC to search you without your consent.


More than mere probably cause, though it seems the Terry standard keeps dropping. That standard required a reasonable, objective observer of the facts to perceive a pressing necessity for such a search as a mechanism for protecting the officer and the public from imminent harm. It was not a search for contraband, evidence, etc. In those cases, the officer can take his or her probable cause and get a warrant, as specified in the fourth amendment: "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The fact we went from the fourth amendment's protection to the farked up standard of Terry v. Ohio, Michigan v. Long, and Hiibel v. Nevada shows how badly we've fallen. The dissenting opinion in Terry was prescient. Fortunately, part of the shiat that was Michigan v. Long was overturned in Arizona v. Gant, but we still have a long way to go.
 
2011-10-26 01:45:40 PM

LesserEvil: If you honestly believe that, and insist on stooping lower than your "opponent", why should anybody have respect for you or what happens to you?


The point is that the law needs to apply to everyone, equally, or it's nothing more than arbitrary authoritarianism. When you have a group that is above the law, the law is a sham. A government that does not obey it's own laws surrenders it's claims to legitimacy.
 
2011-10-26 02:00:45 PM

clyph: LesserEvil: If you honestly believe that, and insist on stooping lower than your "opponent", why should anybody have respect for you or what happens to you?

The point is that the law needs to apply to everyone, equally, or it's nothing more than arbitrary authoritarianism. When you have a group that is above the law, the law is a sham. A government that does not obey it's own laws surrenders it's claims to legitimacy.


Sorry, I didn't realize that when a cop breaks the law, I'm allowed to break the law as well.

You are a real idiot for believing that nonsense.

If a cop is breaking the law, he's an outlaw, and you either find a way to deal with it or get out of their way. Breaking the law yourself is not a legitimate response. "Hey, that cop pulled me over for speeding, even though I felt I wasn't!! I'm now going to run every red light and damn the bystanders!" ... "Hey, that cop stopped a protester who was screaming and being disruptive! That give me the right to smash windows and steal stuff!! Yay!!"

Do you believe the rot is through and through the government? Who did you vote for in the last election? Did you vote? Did you educate yourself on the candidates, or just choose based on what ("your political chums") people told you?

In the end, if we expect to be given rights in this country, we should act as responsible citizens and obey the laws.

I have no love for authorities that disrespect the law themselves, but why should that affect my behavior (or my responsibility) in the eyes of the law?

Grow up, jackass.
 
2011-10-26 02:01:10 PM

Jake Havechek: I decided that the fact that the cops can pretty much do whatever you want to them means you

*ouch* hurt my brain

WTF were you trying to express there?


Yes, reading is hard.
 
2011-10-26 02:06:38 PM

tarhammer: Jake Havechek: I decided that the fact that the cops can pretty much do whatever you want to them means you

*ouch* hurt my brain

WTF were you trying to express there?

Yes, reading is hard.


Fark you.
 
2011-10-26 02:06:52 PM

LesserEvil: In the end, if we expect to be given rights in this country, we should act as responsible citizens and obey the laws.


Only sheeple expect to be "given" rights. The rest of us know that we already have them and have collectively agreed to allow the government to take some away.
 
2011-10-26 02:07:48 PM

namatad: Flint Ironstag: jaylectricity: Unless carrying less than an ounce of weed is illegal, the cop had no right to search him. Any amount of pot is illegal in most places, but in Massachusetts carrying around less than an ounce of weed is tantamount to running a stop sign. No probable cause for search there, either.

They can ask. If he is stupid enough to agree to be searched, they can search him.

Don't need any probable cause to ask. They need probable cause to do it without consent.

AM I UNDER ARREST?
AM I FREE TO GO?
I WANT TO SPEAK TO A LAWYER.


You hear that "advice" from Internet "Lawyers", but if you try it out on the street you'll make things much worse because the police will assume you're hiding something.

They can stop you and ask you questions about suspicious behavior without arresting you, it's called a "Terry Stop" after the SCOTUS case that authorized it. Basically, if police see you doing something suspicious, that they can stand up in court and say exactly what it was you were doing that was suspicious (i.e. wearing a heavy coat in the summer, swaying obviously as you walk down the street, standing out front of a bank for a length of time constantly checking your watch ect.).

If you are obstinate, refusing to even say why you are there or what is going on other than to ask if you're under arrest, are free to go, and you want to speak to an attorney, police WILL assume you're up to no good and they will get nosy and invasive and try to figure out what you are hiding and find some reason to run you in for some violation or offense so that once they have you in custody they can snoop around and search you some more and check for prior convictions/warrants/anything of note and figure out what you were doing there..

In a Terry Stop you are NOT free to go, but you are not under arrest, in fact trying to flee from a Terry Stop on it's own can be probable cause for an arrest (i.e. you wouldn't run unless you had a reason to). It has to be brief, only long enough to identify the person (in most jurisdictions in the US you have to provide ID to a police officer during a Terry Stop, and can be incarcerated pending ID if you refuse), and to identify what you are doing (i.e. your chance to provide a perfectly reasonable excuse for what you are doing), they can also frisk you for concealed weapons and contraband. If you clam up and start acting "suspicious", saying you can't search without a warrant (although SCOTUS has upheld a basic frisk) and demanding a lawyer just for an officer coming up to you asking what you are doing, he's going to think you're a Bad Guy.

If you're not a Bad Guy, be polite and reasonably friendly to the officer, hand over your ID, and give a simple but accurate explanation of what you're doing that could have been mistaken for something suspicious.

/IANAL
//I am a LEO though.
 
2011-10-26 02:27:39 PM

Silverstaff: namatad: Flint Ironstag: jaylectricity: Unless carrying less than an ounce of weed is illegal, the cop had no right to search him. Any amount of pot is illegal in most places, but in Massachusetts carrying around less than an ounce of weed is tantamount to running a stop sign. No probable cause for search there, either.

They can ask. If he is stupid enough to agree to be searched, they can search him.

Don't need any probable cause to ask. They need probable cause to do it without consent.

AM I UNDER ARREST?
AM I FREE TO GO?
I WANT TO SPEAK TO A LAWYER.


You hear that "advice" from Internet "Lawyers", but if you try it out on the street you'll make things much worse because the police will assume you're hiding something.

They can stop you and ask you questions about suspicious behavior without arresting you, it's called a "Terry Stop" after the SCOTUS case that authorized it. Basically, if police see you doing something suspicious, that they can stand up in court and say exactly what it was you were doing that was suspicious (i.e. wearing a heavy coat in the summer, swaying obviously as you walk down the street, standing out front of a bank for a length of time constantly checking your watch ect.).

If you are obstinate, refusing to even say why you are there or what is going on other than to ask if you're under arrest, are free to go, and you want to speak to an attorney, police WILL assume you're up to no good and they will get nosy and invasive and try to figure out what you are hiding and find some reason to run you in for some violation or offense so that once they have you in custody they can snoop around and search you some more and check for prior convictions/warrants/anything of note and figure out what you were doing there..

In a Terry Stop you are NOT free to go, but you are not under arrest, in fact trying to flee from a Terry Stop on it's own can be probable cause for an arrest (i.e. you wouldn't run unless you had a reason to). It has to be brief, only long enough to identify the person (in most jurisdictions in the US you have to provide ID to a police officer during a Terry Stop, and can be incarcerated pending ID if you refuse), and to identify what you are doing (i.e. your chance to provide a perfectly reasonable excuse for what you are doing), they can also frisk you for concealed weapons and contraband. If you clam up and start acting "suspicious", saying you can't search without a warrant (although SCOTUS has upheld a basic frisk) and demanding a lawyer just for an officer coming up to you asking what you are doing, he's going to think you're a Bad Guy.

If you're not a Bad Guy, be polite and reasonably friendly to the officer, hand over your ID, and give a simple but accurate explanation of what you're doing that could have been mistaken for something suspicious.

/IANAL
//I am a LEO though.


Yeah, that's the one bit of that video I disagree with. Rather than "Never talk to the police" it should be "Play nice and cool unless and until you think they actually suspect you of something. Then shut up and lawyer up, because at that point you are not going to talk your way out of trouble and could easily talk your way into trouble."

But that's not quite as snappy a title.
 
2011-10-26 02:30:19 PM
As much as everyone likes to accuse cops of being crooked, I have lots of friends who have gotten stopped with drugs on them and simply said "no" to the search, and they were all let go on their way.
 
2011-10-26 02:47:58 PM
"Drugs? What the hell are you talking about? No you may not search me."
 
2011-10-26 02:52:17 PM
i thought it was why? do you have rolling papers?


from an earlier artical this week
 
2011-10-26 03:01:49 PM
There's a reason that cops don't catch too many nobel laureates (besides the fact that there are very few nobel laureates) with the old "do you have drugs?" line.

Me thinks the person in this story is several fries short of a happy meal, a taco short of a combo platter, ect.

I'm finding it hard to have any sympathy for him. Man your tiny violins.
 
2011-10-26 03:05:31 PM
"I need an adult!"
 
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