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Showing posts from December 1, 2013

Ten basic things everyone should know when cops want to talk

Whether you're pulled over by police or have an encounter on the sidewalk, here are some essential tips on how to preserve your rights. I. It's insufficient to simply remain silent because police might construe that as uncooperative behavior. II. In order to preserve your constitutional rights, you should never consent to forfeiting them. III. By answering questions without the benefit of your lawyer, you are forfeiting your Fifth Amendment protection against self incrimination and undermining your Sixth Amendment right to counsel. IV. By consenting to searches, you forfeit whatever shred of Fourth Amendment protection against illegal search & seizure the Supreme Court hasn't yet eviscerated. V. To preserve your 4th, 5th & 6th Amendment rights, say out loud that you refuse to answer any questions without your lawyer, and that you do not consent to any searches. VI. A person’s refusal is insufficient cause for cops to suspect wrongdoing, which is th...

The cops have a plan for you

I've written about police encounters through the general advice of criminal defense attorneys and have shared a particular video that outlined one pretty important rule. You have the right to remain silent, so you should do it. The "Don't Talk to Cops" video was close to an hour. This lesson is not. I've found another excellent video that covers the same essential bases, but it's much more condensed, yet well articulated and laid out. It's by defense attorney Mary Griego. Her basic message is that police have a plan for you, and that's to make you an informant ... against yourself. Your task is to have a plan of your own ... hopefully before cops come calling. Instead of rehashing it in detail, I'll give you the recap version. When the cops come knocking, follow these steps to minimize the amount of evidence that is collected and used against you: Shut up! Please shut up! Stay shut up ... unless you're refusing consent, asking what y...