slapmonkay
Campaign Veteran
This is the first thought that came to my mind once I read his posts.You didn't watch the video did you?
Correct. For Washington See State Vs Casadon case law, the advice is correct that GENERALLY speaking (again, there is major variance state to state) in states where open carry is legal, the cops cannot stop you or demand ID for open carrying
This is why the first words out of your mouth should be 'Am I free to go'. If your not free to go, they are detaining you at which point you should ask which RAS or PC they are detaining you for. Only once they have clearly identified the RAS I am only required to identify myself (In WA) when they are arresting, writing a citation or while I am driving. Only under those circumstances would I Identify and only as far as required by law (verbal). No other communication is required and I would opt to exercise my 5th amendment right to remain silent.the problem is, if a cop stops you, and you are OC'ing there may be additional reasons why he is stopping you, so he may in fact have a valid reason to demand ID, and you refuse, you will get arrested for obstruction
No where do I recommend not complying with demands such as 'keep hands up' or physically resisting. Nor do I recommend reaching for a weapon when an officer is present. In fact, if this is the case its not the place to fight the encounter. If this happens to me I can guarantee you all they will get from me is my verbal id information after they have arrested me.IF i had been OCing, and i assumed they were stopping me FOR OCing and refused to comply with demands to keep my hands up, etc. i would quite likely have been shot if i reached
False. In Washington state (where you and I are from), you are under no obligation to identify unless your under arrest, being given a citation or driving a vehicle.and i was also required to give ID since they had RS
While it is true that refusing to id in some cases can result in a citation, saying that in many cases is not accurate. Most states only require you identify in specific scenarios. I can count on a hand how many states have the ability to simply ask for Id without conditions being met.in many cases, it may be civilly actionable, or even criminally actionable
Harmful how? Do you have evidence that its harmful? I personally, don't want to indicate myself in a crime or violation of law. My first priority is myself.1) i believe that blanket advice to never talk to cops is harmful - to the individual following that advtsice, and to society at large
Unfortunately, I have to assume that the officer I am dealing with is one of the bad apples. If I don't then ill find myself in an unprepared situation giving up information and rights to someone that is going to exploit those.i don't assume cop X is a bad guy or the enemy, because a tiny %age of cops ARE.
I do as well. However, I am under no obligation to talk to any of them nor be in there presence if I don't feel like it. I am not telling people to go around being a jerk to people.i treat people with respect, regardless of race, creed, religion, ethnicity, or that they are a cop.
I am not saying to be a jerk toward the cop, I don't think anyone is. Exercising a right and only giving information required by law to a cop is not being a jerk. The officer may think your being a jerk or being difficult but that's his problem, he is perceiving me as being a jerk because he thinks people should just roll over for him like they normally do.the ONE time in my life, i had a cop be a jerk towards me, was when i was a jerk towards him FIRST.
I feel that the time and place for an alibi is not at time of contact with an officer. The correct time is after you have been arrested (if they have enough evidence) and after you have talked with your lawyer and only then provided in a court room under oath. By you giving your alibi, that YOU think is going to help you, the officer finds a single piece of your statement that may be suspect in the incidient and it winds up with you being arrested.are you honestly saying you don't understand that when a person provides (for example) an alibi, that that (generally) helps them, not hurts them
I believe if you provide nothing, they already a) have enough evidence to arrest you and will do so anyway or b) don't have enough information and are fishing for more data that can help arrest you. Don't cave to there requests without a lawyer.
address the guy in the parking lot breaking into his girlfriend's car (that he had permission to possess)
that fact is - IF he talks to police, he doesn't go to jail
if he does NOT, he does
This is not accurate. The police need to have evidence that he is actually violating the law before they arrest him. They have to prove that he does not have the right to be in the car. In every scenario they will call the registered owner (suspected victim), they will ask if this is there vehicle and ask if they know the suspected subject. The lady will say she knows them and that they have the right to be in the car.
Do you seriously think that the police are going to take his word that he is allowed/given permission to be in the car or in legal possession of that car simply because he says so? I hope not. Talking to the police here, helps you in no way shape or form.
The police must have evidence of a crime you have committed. Talking to them will only help find more evidence so they can arrest you.
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You are being naive if you think talking to the police is a good idea. You seem to try and bring up multiple points around talking to them gets you out of issues that you may have otherwise been arrested or cited for. I disagree with that at its face. If the officers have evidence of a crime or citation they will arrest or cite you no matter what you say or how you act. Talking to them can only provide them with additional information they did not know which they can use against you and not for you. The officers have the burden to prove you violated the law, its not your responsibility to help them.
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