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DON'T RESIST BUT DON'T ASSIST: Know your rights

Submitted by howard chelle on Tue, 06/19/2012 - 16:10
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I am not a lawyer, nor do i wish to be. However, it is important to address the issue of how not to get yourself, your friends, your family, or loved ones arrested. 

It is important to know your rights and know how to defend them, just in case the authorities want to dupe you into framing yourself or others, in order to secure an arrest. Here in the United States we have rights that are built into our constitution, the Fourth Amendment says that, "the right of the people to be secure against unreasonable searches and seizures, shall not be violated,” and the Fifth Amendment says that, "no person . . . shall be compelled in any criminal case to be a witness against himself." 

When you are stopped by the authorities, you must identify yourself, and lying to them in this regard will only be trouble in the long run. So identify yourself, but after that, remain silent. If you are in a vehicle, you do not have to roll your windows all the way down and probably shouldn't. If you are asked to step out of your vehicle, make sure your keys are out of the ignition, all windows are up, and lock your vehicle behind you. It is a good idea to always have your vehicle, motor home, r.v. or bus closed and locked when you are not in it. This is because leaving these things open implies consent for entry... and implied consent is sticky territory. 

If the authorities have you out of your vehicle and begin asking questions, you do not have to engage in the discussion, simply ask if you are being arrested, ask if you are being detained. Also make sure to repeatedly and loudly assert that you do NOT consent to a search. This way, there should be plenty of witnesses to testify on your behalf in a courtroom ... and hopefully a few people to video whatever takes place after the authorities make moves to try to get you arrested.

Some people think that cooperating with the cops will make things easier on them in the long run. This is urban myth. What will protect you, is knowing your rights and asserting them. I am not suggesting that one resist or even argue. Again, remain silent and do NOT assist in the matter of your own or others' arrest. Passengers in vehicles, should also remain silent. If they are told to exit the vehicle, do so in the fashion outlined above, and ask the same questions.

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