Should you ALWAYS comply with a cop? (Ron Paul, Congress, ethic)
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The point sometimes is to NOT comply with the cop, in order to keep things from going as far as court. if you can diffuse the situation during the initial contact, going to court isnt needed.
Complying does not mean laying down and playing dead either. There is a difference between Refusing a search without a warrant, or standing up for your rights and that is not in the "Comply" category. Answering non-relevant questions is not, non-compliance. "Doing" what your told to do is compliance.
The only thing I won't comply with is answering questions.
I won't tell them where I'm going or where I'm coming from. If he has questions about my passengers, ask THEM, not me.
Everything they need to know is on my documents that I present. Don't ask me any other questions. Give me my ticket, warning ticket, or citation and move on. Don't turn it into an inquisition.
Now I have to ask..WHO is responsible for defusing the situation?..The layperson on the street or the educated officer who is supposedly trained to do so??
I can only speak to responsibility on that..as HC provider and all Security Staff where I worked over 4 years were taught these things..No where is any layeperson expected to comply much less to de-escate..unless and of course that person (with say my training) was trained....BUT once again..its just so easy to blame the public for whatever misdeeds any LE officer does..because of basic ignorance on what these folks are SUPPOsSED to be trained...and like sheep believe everything Police say is 100 % truthful...LOL
Maybe time to get out more..NOT all Police officers are pure and perfect just like everyday people But it's become more evident the more Police actions get called into question...THE MORE folks like yourself seem to defend their actions because you just can't believe they can do NO WRONG!!
The offier is trained to charge and arrest people in order to obtain convictions.
They are trained on how to convince you its in your best interest to cooperate, even if that means you giving up your rights or providing evidence against you.
They are NOT there to minimize any damages to you, only YOU can do that. Our local police force goes and takes children out of school to question them, I've taught my children to refuse to cooperate, something I found painful to do because growing up, I was taught to respect them, but children are not in a position to understand when they should talk, or what info they should give out. The only thing they are to tell the officer is that they wont say a word until a parent arrives, because the law says, a parent doesnt need to be present.
if then I see its something serious, I will then get a lawyer, if its minor, I'll tell them to cooperate.
Complying does not mean laying down and playing dead either. There is a difference between Refusing a search without a warrant, or standing up for your rights and that is not in the "Comply" category. Answering non-relevant questions is not, non-compliance. "Doing" what your told to do is compliance.
If I'm ordered to do something, I comply, if I'm asked to do something, I can and will refuse.
A person can file a complaint against the officer later if he/she has potentially abused his/her power.
Exactly!
Quote:
Originally Posted by pghquest
I had a very similar conversation with a lawyer, who explained to me that if you comply with a cops request, you cant sue and your ability to complain is diminished since they only asked, and you voluntarily complied to the request.
That lawyer should be disbarred. You MUST show your driver's license, and in CO your proof of insurance, when asked in a traffic situation, for example. Have you not heard of pleading "not guilty".
That lawyer should be disbarred. You MUST show your driver's license, and in CO your proof of insurance, when asked in a traffic situation, for example. Have you not heard of pleading "not guilty".
The lawyer was correct.
Police: May we come in and search?
You: do you have a warrant?
Police: No, but we would like to check the premises.
If you say yes, you have no case to sue. If you say no and they come in anyway, you do.
Police: Your driver's license, registration and proof of insurance, please.
You: I'm not showing that stuff to you, you SOB!
Police: Come to the stations with me.
That would be an illegal action on your part. No you can't get away with that.
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