Activist group to Latinos: Don’t talk with cops (suspect, illegals, crimes)
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I don't know why this activist group wants to make things harder for the people they claim to care about.
How about this?
Teach the people,
A cop is generally just a guy with a job. Right now, his job is to deal with whatever it was that made him pull you over. Maybe you violated a traffic law, maybe your car matches the description of one that was used to commit a crime. Making his job harder isn't going to achieve anything. Making his job easier, and most importantly making sure he knows there is no danger of him not going home tonight, is just common courtesy. And maybe you get a warning instead of a ticket for the low, low price of not being an *******.
Are you a US citizen? Doesn't sound like you are since you are so unfamiliar with the laws. You have to talk to them if they lawfully stop you and ask for ID or your name if you don't have any. If you refuse you will be detained until they find out who you are. That's a sure fire way of getting deported right there.
There are different levels of lawful stop. There is a a consensual encounter, which requires no information to be furnished by the subject. Then there are Terry stops and arrests based on probable cause, neither of which require any information other than furnishing them with your ID. None of them require you to speak with the police unless you do not have an ID, in which case you must identify yourself and nothing more.
I am a US citizen, thank you for asking. What law school did you attend or what formal legal training have you received?
There are different levels of lawful stop. There is a a consensual encounter, which requires no information to be furnished by the subject. Then there are Terry stops and arrests based on probable cause, neither of which require any information other than furnishing them with your ID. None of them require you to speak with the police unless you do not have an ID, in which case you must identify yourself and nothing more.
I know at least several years ago, some states have what are called "Stop and Identify" statutes that require someone suspected of criminal activity to provide identification to police, making refusal a crime. California has no such statute, so if you refuse to provide an ID while police are detaining you, they can't arrest you just for refusing.
Now, the tricky part is that Your vehicle cannot be searched automatically if you are pulled over. However, if your words and actions raise suspicion, cops are legally entitled to conduct a search.
The way I see it? well, don't make your life harder, fight in the court if you feel you have been treated unfairly. Teaching people "don't talk with cops" is really not the answer.
I know at least several years ago, some states have what are called "Stop and Identify" statutes that require someone suspected of criminal activity to provide identification to police, making refusal a crime. California has no such statute, so if you refuse to provide an ID while police are detaining you, they can't arrest you just for refusing.
Now, the tricky part is that Your vehicle cannot be searched automatically if you are pulled over. However, if your words and actions raise suspicion, cops are legally entitled to conduct a search.
The way I see it? well, don't make your life harder, fight in the court if you feel you have been treated unfairly. Teaching people "don't talk with cops" is really not the answer.
"Stop and identify" is a Terry stop and must be supported with reasonable suspicion that criminal activity is afoot. Absent such suspicion (or probable cause), there is no obligation to speak with the police at all.
I don't know why this activist group wants to make things harder for the people they claim to care about.
How about this?
Teach the people,
A cop is generally just a guy with a job. Right now, his job is to deal with whatever it was that made him pull you over. Maybe you violated a traffic law, maybe your car matches the description of one that was used to commit a crime. Making his job harder isn't going to achieve anything. Making his job easier, and most importantly making sure he knows there is no danger of him not going home tonight, is just common courtesy. And maybe you get a warning instead of a ticket for the low, low price of not being an *******.
Ultimately, cops are not your friends. And I got fam who happen to be cops. And they’d say the same thing. Like you said. A guy with a job. They can care leas about you and incriminate you for anything. Just say yes, no, ok officer. Don’t try to explain when it isn’t necessary, thry ask you why your pulled over, just say IDK, and don’t say or give any reason for them to wanna search your car.
Because you can come across a cop having a bad day. Just comply and get the cop off your back as quick as possible, if you can, fight it in court, if you get arrested, even if you know you genuinely did nothing wrong but he suspects that you did, don’t fight or try to negotiate. It would only dig you a deeper hole.
Is it just a notion that if you are not doing anything wrong then you have nothing to fear from the cops?
In the US? Yes. A silly, outdated notion.
I don't hate cops - I have been training with law enforcement in Europe, I've been invited to retirement parties for LAPD officers (these guys can kick it when they want to), I right now carry an FBI agent's business card in my wallet who wants to show me DC.
But I have no illusions as to what can happen if you're in the wrong place at the wrong time and a police officer decides you look like a bad guy. In anything but trivial matters, I'm not talking with police in the line of duty. And I'm white, upper-middle-class, I do have resources.
Now, the tricky part is that Your vehicle cannot be searched automatically if you are pulled over. However, if your words and actions raise suspicion, cops are legally entitled to conduct a search.
Are you a US citizen? Doesn't sound like you are since you are so unfamiliar with the laws. You have to talk to them if they lawfully stop you and ask for ID or your name if you don't have any. If you refuse you will be detained until they find out who you are. That's a sure fire way of getting deported right there.
Prisons are full of people who gave in to the human urge to just explain, outline their reasons, and surely that would make the entire misunderstanding go away. Police officers know this, and they leverage it.
I know at least several years ago, some states have what are called "Stop and Identify" statutes that require someone suspected of criminal activity to provide identification to police, making refusal a crime. California has no such statute, so if you refuse to provide an ID while police are detaining you, they can't arrest you just for refusing.
Now, the tricky part is that Your vehicle cannot be searched automatically if you are pulled over. However, if your words and actions raise suspicion, cops are legally entitled to conduct a search.
The way I see it? well, don't make your life harder, fight in the court if you feel you have been treated unfairly. Teaching people "don't talk with cops" is really not the answer.
On the CA non-statute please note that plenty of people have been arrested for refusing to identify themselves. I remember the case of the 8 month pregnant woman who was thrown to the ground for refusing to identify herself to police based on someone in her child's school calling police and saying she had done some sort of crime. She said she didn't do anything. Officers asked for name and she refused to give it and they wrestled her to ground, handcuffed her and arrested her and she was held in jail for 12 hours. She was 8 months pregnant and they had not even identified who the caller was who claimed the black woman had did some crime.
A woman who was eight months' pregnant when she was handcuffed and slammed to the ground has filed a lawsuit against the Barstow Police Department, alleging officers used excessive force when they arrested her for refusing to identify herself.
Charlena Cooks says she was wrongfully arrested, jailed for 10 to 12 hours and forced to go through bail expenses even though charges were ultimately dismissed, according to a lawsuit filed in U.S. District Court. She is seeking damages....
and
Quote:
Cooks' arrest — captured on an officer's body camera — drew national attention after it raised questions about when police in California can ask for identification and when people can refuse to show it.
Cooks did not know she was being filmed by an officer's body camera when she was stopped Jan. 26 after dropping her daughter off at school.
A school employee called police after alleging that Cooks punched and threw an object at her car in the school parking lot. Cooks denied attacking the woman and said it was she who felt threatened.
The officer asked Cooks for her name, and she refused to give it. The lawsuit alleges police never identified the school employee.
This causes mistrust of police officers. I honestly don't fully trust police at all. They oftentimes act inappropriately and disrespectful to the public. I do respect the fact that they do a very difficult job but I've personally run into many officers who are ignorant of the laws in their states/municipalities so just having a law doesn't protect you from arrest.
I was arrested many years ago on some ridiculous charges that had nothing to do with the situation at hand. I was young at the time, around 24 and had never experienced such a negative interaction with police - I'd heard about it but felt times were better. I know my lesson now about them and am very cautious and rarely even call police for minor issues like it seems a lot of people like to do because I know they often cause more trouble/harm than good.
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