For jim pat and brooke
Alright, so I know I'm not fighting against anything remotely important, and I would not support talking back to a genuinely decent cop who really was just doing his job and blah blah blah. But egg cop is an asshole and I think that we can be assholes to him to as long as we're justified.
I got this off a legal website thingy thangy.
(Just in case if you don't decide the read the whole thing Pat, one of these points shows that you wouldn't have to be worried about having pot on you, because a cop only has a right to "frisk" passengers in a car, as in merely pat you down. They don't have a right to go into your pockets or anything, unless they smell something, see something, or if something is bulging out of you pockets.)
Do I Have to Talk or Show ID to a Cop?
You never have to talk to a Law Enforcement agent (except under Grand Jury subpoena). Do you not have to show ID, give your name or address unless you are driving a vehicle that needs a license to operate (e.g. car). If you are a passenger in a car you also have a right to remain silent. Do not give any false information to police officer because this is a crime.
(okay, so I guess I fucked up with that false information thing a little bit, I guess I shouldn't do that)
Do I have to give my Name/Address/etc. to a Cop?
You have an absolute constitutional right to remain silent. You never have to talk to a law enforcement agent no matter what department they are from. Withholding your name and address and other “pedigree” info may delay you in being released however.
Driving is not a right if you get stopped you have to produce ID license registration, etc. - THIS APPLIES ONLY TO THE DRIVER. [I added the caps]
Plain view - applies to everyone not just the driver - if they see something they consider illegal they can arrest everyone. Plain view does not apply to closed bags, trunk, glove compartment. Again remember don’t consent to a search. Cops may order the driver or passengers out of the vehicle and may frisk them to check for weapons.
I got this from another site:
You do not have to answer to a police officer's questions, but you must
show your driver's license and registration when stopped in a car. In other
situations, you cannot be legally arrested for refusing to identify yourself
to a police officer.
You do not have to give your consent to any search of yourself, your car,
or your house; if you *do* consent to a search it can affect your rights
later in court. If the police say they have a search warrant, ask to see it.
IF YOU ARE STOPPED BY THE POLICE
1. You may remain silent. You do not have to answer any questions,
including your name, age, and address, or show any I.D. unless you are
operating a car or are in a place where liquor is served.
2. Ask if you are under arrest. If so, you have the right to know why.
If you are not under arrest, you should be free to leave. *Never* run from
a police officer.
A third legal site I saw also confirms all the stuff above
1. When the police stop you on the street and ask you for ID, you must produce it immediately.
False: You do not have to show your ID to the police UNLESS you are being arrested or detained. The situation is different if you are driving a vehicle or riding a bike.
Reality: Cops often demand ID from people who have not committed crimes and are not suspects in crimes. They might harass you, threaten you with arrest and/or assault you if you refuse to produce your ID.
Things to Try: You might produce your ID. You could point out that you know that you do not have to produce it but are going to do so anyway. You can show them your ID and then "politely" ask them to produce theirs (taking note of their badge number). You can ask if you are free to go - if so, then leave.
I got this off a legal website thingy thangy.
(Just in case if you don't decide the read the whole thing Pat, one of these points shows that you wouldn't have to be worried about having pot on you, because a cop only has a right to "frisk" passengers in a car, as in merely pat you down. They don't have a right to go into your pockets or anything, unless they smell something, see something, or if something is bulging out of you pockets.)
Do I Have to Talk or Show ID to a Cop?
You never have to talk to a Law Enforcement agent (except under Grand Jury subpoena). Do you not have to show ID, give your name or address unless you are driving a vehicle that needs a license to operate (e.g. car). If you are a passenger in a car you also have a right to remain silent. Do not give any false information to police officer because this is a crime.
(okay, so I guess I fucked up with that false information thing a little bit, I guess I shouldn't do that)
Do I have to give my Name/Address/etc. to a Cop?
You have an absolute constitutional right to remain silent. You never have to talk to a law enforcement agent no matter what department they are from. Withholding your name and address and other “pedigree” info may delay you in being released however.
Driving is not a right if you get stopped you have to produce ID license registration, etc. - THIS APPLIES ONLY TO THE DRIVER. [I added the caps]
Plain view - applies to everyone not just the driver - if they see something they consider illegal they can arrest everyone. Plain view does not apply to closed bags, trunk, glove compartment. Again remember don’t consent to a search. Cops may order the driver or passengers out of the vehicle and may frisk them to check for weapons.
I got this from another site:
You do not have to answer to a police officer's questions, but you must
show your driver's license and registration when stopped in a car. In other
situations, you cannot be legally arrested for refusing to identify yourself
to a police officer.
You do not have to give your consent to any search of yourself, your car,
or your house; if you *do* consent to a search it can affect your rights
later in court. If the police say they have a search warrant, ask to see it.
IF YOU ARE STOPPED BY THE POLICE
1. You may remain silent. You do not have to answer any questions,
including your name, age, and address, or show any I.D. unless you are
operating a car or are in a place where liquor is served.
2. Ask if you are under arrest. If so, you have the right to know why.
If you are not under arrest, you should be free to leave. *Never* run from
a police officer.
A third legal site I saw also confirms all the stuff above
1. When the police stop you on the street and ask you for ID, you must produce it immediately.
False: You do not have to show your ID to the police UNLESS you are being arrested or detained. The situation is different if you are driving a vehicle or riding a bike.
Reality: Cops often demand ID from people who have not committed crimes and are not suspects in crimes. They might harass you, threaten you with arrest and/or assault you if you refuse to produce your ID.
Things to Try: You might produce your ID. You could point out that you know that you do not have to produce it but are going to do so anyway. You can show them your ID and then "politely" ask them to produce theirs (taking note of their badge number). You can ask if you are free to go - if so, then leave.