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i agree that if we violate someone else's freedom, harm them or violate their property rights then that isnt acceptable and illegal.
if the law goes beyond that, then the law is violating our rights.
im having trouble understanding your last sentence. the police dont actively protect our rights. they respond to violations of the law (sometimes they are violations of our rights and sometimes the laws themselves are the violations). my idea of freedom does not harm others.
Wrong, sorry. When they arrest you, they read you the Miranda Warning, which protects your rights. You have the right to remain silent. Anything you say can and will be used against you....
It doesnt mean when they cuff you. They can cuff you and not read you the Miranda because you are not under arrest. You are not under arrest simply being handcuffed. It is just a control measure to Protect the officer while they check you out. Even being arrested does not mean you are automatically going to jail. However, A LOT of people do not listen to their rights and end up doing something stupid to make their interaction with Police toxic.
Resisting arrest is a big one. Simply resisting being temporarily handcuffed is another big one. I have been handcuffed in the past and let go without so much as a ticket or warning. If I freaked out instead of cooperating, it would have ended out differently.
People need to be smart. Dont talk, dont fight, live to see another day. You might walk away unscathed right then and there. You might be released with a ticket. One thing you wont do is escalate the situation into something it doesnt need to be - ever. Fight or flight is your biggest enemy. Learn self control. It's another of your freedoms. You have the freedom to control yourself.
There are videos on YouTube that can teach people how to protect themselves when dealing with Police. You are not under arrest until you are. Even being taken in for questioning is not an arrest, and there is nothing to force you to answer questions. At the point you refuse, and simply sit silently, that's when you are let go or arrested, depending on how innocent or guilty you truely are. You may have to push the point CALMLY - "Officer, am I under arrest? No, you are just here for questioning. I want to leave. May I go?" If they say no, that's when you request an attorney. Court appointed if you cant afford one, which I believe most states provide, to also help protect your rights.
The Police are not typically thugs. They are paid for by the citizens, and work for the Justice system in any given state. No law abiding citizen has any real reason to fear them - usually.
You may be right about laws being unjust - but they are put in place for a reason. If there is a law that bothers you, work to change it. If you cant change it, work to find a place that has laws you find to be more amiable for you. Just because we are born somewhere doesnt mean we are chained to it. We have the freedom to travel and relocate. That is a freedom that in many other countries their citizens dont have.
Last edited by ComeCloser; 08-11-2020 at 04:51 AM..
No law abiding citizen has any real reason to fear them - usually.
If you do find out one of them is dirty, and the rest tolerate it, you need to put a sign out in your front yard. Something to the effect that the house is for sale. And look for a U-Hall. If the department won't deal with their bad apples, then they are all dirty.
I was watching a video last night that showed me I was wrong about a few things. They can arrest you and not read you the Miranda. Check with your local laws regarding that. It is good to keep in mind that they can legally lie to you.
I also learned a few things. You have a right to deny to be searched - "Im not resisting officer, but I dont consent to searches." This is good to know because you never know what a friend or relative left/dropped in your home or car.
In regard to at least your home - you do not have to let them in unless they have a signed warrant. If they want to talk to you you can exit your home closing the door behind you. If they tell you they want to search for a safety check or anything like that, tell them you want to see a signed warrant first - POLITELY.
This doesnt mean you get to try to resist them if they frisk you or search your home or car regardless. But it does give your attorney something to work with in court if you end up arrested, or have your rights blatantly violated.
Attitude is everything. Dont act excited, scared, mad and dont speak belligerently and curse at the officer. They have a dangerous job, so if you act dangerous, crazy or whatever - they are going to treat you like you are dangerous, crazy or whatever.
Honesty, most of this is just common sense. If you act like a crazy criminal, you will be treated like one. You have a right to be quiet, and a lawyer would tell you to do so. You have a right not to consent to search and seizure - BUT you dont ever have a right to resist anything or touch an officer.
Honesty, most of this is just common sense. If you act like a crazy criminal, you will be treated like one. You have a right to be quiet, and a lawyer would tell you to do so. You have a right not to consent to search and seizure - BUT you dont ever have a right to resist anything or touch an officer.
That is false. There is a right under common law to resist unlawful acts. The SCOTUS has upheld such a right. That said it's a very dangerous right to exercise.
You may be right about laws being unjust - but they are put in place for a reason. If there is a law that bothers you, work to change it. If you cant change it, work to find a place that has laws you find to be more amiable for you. Just because we are born somewhere doesnt mean we are chained to it. We have the freedom to travel and relocate. That is a freedom that in many other countries their citizens dont have.
if they are unjust, you have a right to ignore them. the government doesnt have a right to implement and enforce unjust laws. of course, the government operates on force and will kill you if you resist. that doesnt make them right though.
we all make a decision on where to live which is based on many factors. if the calculation worked out better for me, then id move. it doesnt so ill stay. it is the government that should change, not me. i dont harm anybody.
That is false. There is a right under common law to resist unlawful acts. The SCOTUS has upheld such a right. That said it's a very dangerous right to exercise.
If there us a danger to your person, health and safety, yes. However, determining an unlawful act is the domain of the courts, not a roadside lawyer.
Deciding that that ticket for speeding is an "unlawful act" and causing an issue by resisting/assaulting or threatening an officer is a sure way to win an expense paid stay at the crowbar motel.
If it's unlawful, you have redress through the courts. Just do what you're told, be respectful, take down all information, and when released, drive to your lawyer's office.
Use your head, not your righteous indignation.
If it's a crime perpetrated by an individual against you, you have citizens arrest and using reasonable force to protect yourself. Big difference.
If there us a danger to your person, health and safety, yes. However, determining an unlawful act is the domain of the courts, not a roadside lawyer.
Deciding that that ticket for speeding is an "unlawful act" and causing an issue by resisting/assaulting or threatening an officer is a sure way to win an expense paid stay at the crowbar motel.
If it's unlawful, you have redress through the courts. Just do what you're told, be respectful, take down all information, and when released, drive to your lawyer's office.
Use your head, not your righteous indignation.
If it's a crime perpetrated by an individual against you, you have citizens arrest and using reasonable force to protect yourself. Big difference.
Obviously reason would say to fight a traffic ticket or such out in court. But there are no shortages of examples of police committing blatantly illegal acts of violence against innocent citizens these days. It is false to say there is no right to resist unlawful acts as the other poster suggested. It's a right best left to very extreme cases however.
Obviously reason would say to fight a traffic ticket or such out in court. But there are no shortages of examples of police committing blatantly illegal acts of violence against innocent citizens these days. It is false to say there is no right to resist unlawful acts as the other poster suggested. It's a right best left to very extreme cases however.
A scantily dressed young lady has a right to go out for the evening, get drunk as a skunk, pass out and no one has a right to take advantage of her in that altered state. Does that make young ladies doing that smart?
I was watching a video last night that showed me I was wrong about a few things. They can arrest you and not read you the Miranda. Check with your local laws regarding that. It is good to keep in mind that they can legally lie to you.
I also learned a few things. You have a right to deny to be searched - "Im not resisting officer, but I dont consent to searches." This is good to know because you never know what a friend or relative left/dropped in your home or car.
In regard to at least your home - you do not have to let them in unless they have a signed warrant. If they want to talk to you you can exit your home closing the door behind you. If they tell you they want to search for a safety check or anything like that, tell them you want to see a signed warrant first - POLITELY.
This doesnt mean you get to try to resist them if they frisk you or search your home or car regardless. But it does give your attorney something to work with in court if you end up arrested, or have your rights blatantly violated.
Attitude is everything. Dont act excited, scared, mad and dont speak belligerently and curse at the officer. They have a dangerous job, so if you act dangerous, crazy or whatever - they are going to treat you like you are dangerous, crazy or whatever.
Honesty, most of this is just common sense. If you act like a crazy criminal, you will be treated like one. You have a right to be quiet, and a lawyer would tell you to do so. You have a right not to consent to search and seizure - BUT you dont ever have a right to resist anything or touch an officer.
you do have the right to physically attack a cop if he is attacking you. police are experts at crime and avoiding being implicated so you arent in a good position if you just let them do whatever they want.
you should follow police the police, filming cops, owned cops on facebook. also look up videos of first amendment audits and "i dont answer questions" videos. one thing that you see is that when someone asserts their rights, the cops will try to look for anything they can to give them an excuse to arrest the person. they dont like it when people assert their rights.
Obviously reason would say to fight a traffic ticket or such out in court. But there are no shortages of examples of police committing blatantly illegal acts of violence against innocent citizens these days. It is false to say there is no right to resist unlawful acts as the other poster suggested. It's a right best left to very extreme cases however.
Kinda reminds me of a phrase written long ago.
Quote:
Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.
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