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Comment on Don’t ever hand your phone to the cops

This. You have rights, but the police will lie, cheat, and steal their way into getting whatever they want, especially when what they want is for you to waive your rights.

When stopped by the police (in America), you say “I invoke my fifth amendment right to not answer questions and I don’t consent to any searches and seizures. Am I being detained or am I free to go?” That question starts a clock for what is a reasonable amount of time to detain you for their investigation because you’ve made it clear that you’d like to leave as soon as you’re legally allowed to.

As for any kind of force, just stay silent and unthreatening. They’re gonna do what they’re gonna do, and anything you do can be used as rationalization for escalation, which they really seem to fucking love. Be polite when you do choose to speak. Obey lawful commands and let them arrest you if that’s what they’re gonna do. You don’t fight armed thugs in the street, you fight them in court. File complaints and sue when they violate your rights and cause undue harm. Swinging at them or shouting in their face is how you get shot. Let their ego win the moment and then administratively destroy their career and life later on.

I’m also not a lawyer, but this is what any half decent lawyer would tell you to do. Just shut the fuck up (but invoke your right to shut the fuck up or your silence can actually be used against you) and be as passive as possible so your lawyer has a slam dunk case getting your charges dropped and/or suing the everloving fuck out of them, hopefully nullifying their qualified immunity in the process. Nothing you do or say to the police can help you, but it sure as shit will be used against you. Even things you think are innocuous can corroborate that you’re who they’re looking for, so just shut the fuck up.

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dudeami0@lemmy.dudeami.win ⁨1⁩ ⁨month⁩ ago
To add to this spending some time in custody is inconvenient, but losing your rights being convicted of something you didn’t even do is more inconvenient. You think you know what to say until you say the wrong thing and start digging a hole.

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JackbyDev@programming.dev ⁨1⁩ ⁨month⁩ ago
I hate advice like this because you just say empty terms like “obey lawful commands” after saying to not do anything. The question is how do we do this practically. Cops can lie. They can just say whatever is a lawful command. This is why this sort of advice needs to be more specific.

A good example, presenting your driver’s license for traffic stops. That’s usually a law, is it not? But you say to not consent to searches or seizures. The whole reason people ask for specific practical advice is because they don’t wanna get fucked over by the cops but also don’t wanna get fucked over for unintentionally pulling sovereign citizen like bullshit.

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- Adulated_Aspersion@lemmy.world ⁨1⁩ ⁨month⁩ ago
  If you are operating a motor vehicle, you are required to hold a license to operate that vehicle. Ergo, if you are operating the vehicle, the police can ask for proof of your licensure to operate that vehicle, and you are reauired to prodice it. That is not covered under search and seizure.
  
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  - JackbyDev@programming.dev ⁨1⁩ ⁨month⁩ ago
    Then people giving this sort of practical advice should explicitly say that lest someone get arrested for failure to present a license or whatever.
    
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- MrVilliam@lemmy.world ⁨1⁩ ⁨month⁩ ago
  The litmus test for whether something is a lawful order is to ask what will happen if you refuse. If the penalty for refusal is your arrest, say that you would prefer not to but will comply under threat of arrest. If it actually wasn’t a lawful order but you complied to avoid arrest, you’ll learn from a lawyer and get to sue over that.
  
  As somebody else noted, driving is a privilege, not a right; if you’re pulled over for a traffic offense, you’re obligated to hand over your license and other related documents as requested depending on the state, probably registration and proof of insurance. If you don’t, then in many states it’s assumed that you were driving without being licensed to do so, and you’re probably going to jail.
  
  On the flip side, if the cop asks to search your vehicle, you can tell him no. Don’t stop him from doing it anyway, just reiterate that you don’t consent to it and fight in court. There are some situations (like you’re under arrest and your car is being inventoried and impounded) in which they don’t need your consent to get in your car. Probable cause also gets them access to your car without your consent.
  
  If you’re asked to do a field sobriety test, just refuse. Same for a breathalyzer. They’ll probably take you in and have you use a lab machine at the station, but that’s preferable to their bullshit games if you know you’re not doing anything wrong. Make quantitative science be the only evidence. Don’t drink and drive in the first place and you’ll be fine on that front.
  
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