From: SD_NORML.usenet@ucsd.edu
Newsgroups: talk.politics.drugs,alt.drugs,misc.legal,alt.society.civil-liberty,alt.activism
Subject: RFC on what-to-say-to-the-cops article (LONG)
Followup-To: talk.politics.drugs
Date: 9 Apr 1992 23:06:45 GMT
Organization: San Diego County NORML
Distribution: usa
NNTP-Posting-Host: lumina.ucsd.edu
Originator: usenet@lumina.ucsd.edu

The following article was submitted to SDC NORML to be considered for
publication in our newletter.  Before we do so however, we are making
a "Request For Comments" (RFC) regarding the practices suggested here.
If there are legal errors or if there are better practices than those
suggested here, please post (we can't receive email at this location), 
and we'll submit the recommended changes to the author.  For that matter,
is there a comparable FAQ in these newsgroups which covers this topic?

Please direct follow-ups and comments to: "talk.politics.drugs"

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Title:  "I do not consent to a search; Am I free to go?; I want a lawyer."
By:      B. Wyze

   Disclaimer:  I'm not a lawyer; I'm one of you.  What I write here is the 
best information that I've gleaned so far, and I'm prepared to use it myself.
These are my best suggestions, and do not constitute legal advice.  Check it 
out with your lawyer or a good second-year law student or better, and then 
mass copy it for all of your friends!  Let us know what you find out, what your
experiences are, and your ideas, so we can keep this up-to-date and make it 
even better.  This is the front line of defense in the War on Drug Users.  

   What it is:  Cops love to play word games, and they're good at it.  
They're also good at taking control and being the boss, or coming on like
they're your parents or something.  They know that you have rights, but 
they're betting that you don't know what they are.  Watch your ass!  Many 
people get busted by falling into their traps, or by not realizing that the cop
is trying to get you to give up your rights ... so don't let them get away 
with it!  One lawyer said that 99% of the people in jail talked themselves
into it.

   Some of their cute little tricks:  "May we search you?  No.  Why, got 
something to hide?", or "Look, can I go?  Not yet.  Why, am I under arrest?  
Would you like to be?"  Rather than keeping this sort of bullshit going, or
trying to outwit them, it's just better not to play that kind of game.
Keep in mind that if you lie to a cop and they can prove it later, that's one
more thing you can be charged with ... so don't tell them anything one way
or another!  (One lawyer did say "Admit nothing, deny everything, and
demand a lawyer", so maybe you can lie to a cop since you're not under oath,
but it seems more prudent just to keep quiet.)  Sometimes they'll threaten 
"Look, we can go get a warrant anytime, so you'd better let us in", but what 
that really means is "We tried everything, but couldn't get one.  Please let 
us in so we can bust you."  Well ... just say "No."  Tell them to go get that 
warrant.  Sometimes they'll say "A friend of yours ratted you out and told us 
everything.  You know the guy, (insert name here)."  This is a fishhook ... 
don't bite!  And don't believe them!  They're probably trying to get you to 
"retaliate" and to spill the beans about your friend ... who will be next 
on their pickup list because of what you just said.

   Best case scenario:  They detain you for a non-drug reason, such as a 
broken car light, a traffic violation, stereo too loud, etc.  It's best to 
play along as "the good citizen" and to be courteous.  If you totally get into
their game and promise to take care of it, at most they'll write you a ticket,
admonish you, and then let you go.  Take the lumps!  Express remorse!  
It works.  If they go too far (like trying to search you or your property), 
then dig in your heels and exercise your rights.  Read on.

   Your rights:  You have the right to refuse to let them into your home if 
they don't have a warrant (4th Amendment).  You can refuse to consent to a 
search (4th Amendment), but you can't physically stop them.  You can remain 
silent (5th Amendment), although it is often advisable to give them your name, 
address, and age.  You have the right to have your attorney with you while they
question you (5th Amendment, I think).  You have the right not to sign anything
they give you, except for a ticket.  Do not make a statement!

   Their "rights":  They can briefly do a pat-down search on the outside of
your clothing and check-out suspicious lumps that feel hard and bulky ... they 
want to make sure that you don't have a concealed weapon (but you should say 
"I don't consent to being searched" anyway to cover yourself, and you shouldn't
carry anything incriminating in that same pocket!).  They can and will ask you 
everything under the sun (freedom of speech you know).  If you blow it by: 
answering their questions, letting them into your house, or consenting to a 
search, then they gotcha cold ... so don't do it!  They don't have to read
you your rights if you're not under arrest, so you'd better know what they are.
They can briefly detain you for various purposes, but they can't hold you
unless you're under arrest (If you ask "Am I free to go?", and they say no,
ask "Why not?" or "What is the law that allows you to hold me?" or "I'm not
under arrest, yet you've said I can't leave ... please clarify my legal status
at this time.").  If you try to physically resist them or to run away from 
them, then they have the right to use force against you ... even if you're 
clean and have done nothing wrong!  So ... keep calm and be cool, they've got 
the deck stacked in their favor and they know it.

   Reasonable Suspicion:  Allows them to look briefly, but not to search.

   Probable Cause:  Having some kind of evidence against you, such as:  a
certain smell, an anonymous phone call about you, or seeing a joint lying
on your living room table.  Refusal to allow a search is not probable cause ...
if it were, then they could search you no matter what answer you give, which 
is totally against the US Constitution (4th Amendment).

   At home:  If they knock on your door to "ask you a few questions", then
either talk through the closed door or quickly step outside and lock your door
behind you.  This serves two purposes:  One, do not give them an opportunity to
look inside ... if they see something, that's probable cause.  Two, if they 
want to conduct an illegal search, then they'll have to break down your door to
do so.  Then you can use the broken pieces as evidence against them, whereas if
there are no broken pieces, then they will claim that you let them in 
voluntarily.  If they drag on their "question" thing too long, keep asking
"Am I free to go?" until they give you a definite answer.  If they have a 
warrant, then tell them they can't start their search until your lawyer 
arrives to witness it, and then get that lawyer over real quick!  During the 
search, have everyone sit together and instruct them to say absolutely nothing.
If the cops ask you to do something, then you may politely tell them "Unless 
you are ordering me to do that at this time, I refuse.  Are you ordering me to
do that?"  If they say yes, then you can ask "What law says that you can order
me to do that?"  If they can't answer, then don't do it.  If they try to force
you at that point, do not resist, and state "I'm not doing this voluntarily,
but under protest and duress."  Remember your witnesses.

   On the road:  If you get pulled over, it may be best to grab your license 
and registration, get out of the car, lock the door behind you, and walk to the
area between the two cars, and get ready to play the Good Citizen Game.  Be 
friendly, but not "too" friendly, be at ease, and talk to the person behind the
badge.  That way you're totally covered, they won't have an easy excuse to look
through your windows, and they'll think that you're an average citizen ready to
be admonished for some minor traffic violation.  If they do decide to search 
your car, then they will do so, since apparently they don't need a search 
warrant if they have probable cause ... so fer Chrisake don't keep a joint 
sitting in your ashtray!  Of course, you should tell them "I do not consent to
a search", just so you're covered.  When they ask why you're refusing their 
search, and if you feel you gotta say something, then say "I've been advised 
by an attorney never to consent to a search."  It's magic.

   In public:  If they want to search you, then say "I do not consent to being
searched."  Always be clear about this, try to involve witnesses, and never 
physically resist.  If you ever try to resist, then they will use force ... 
they always do.  So, be relaxed, move slowly, and keep your hands out where
they can see them.

   Tight situation:  They conduct a search without your consent, and find 
something.  Almost anything you say at that point will hurt you.  The best 
thing you can do, and it is your Constitutional right, is to say "I want a 
lawyer" and then keep your trap shut 'til you get one!  Don't answer any of 
their questions (except name, address, and age) if your lawyer isn't with you.

   Worst case scenario:  It's 3:30 am, ten cops break down your door and 
they're yelling and pointing their guns at you ... freeze!  Do not move a 
muscle, and keep absolutely quiet for at least a count of 3!  They'll frisk 
you and start to tear your place apart.  When they know you're unarmed, then 
ask "Do you have a warrant?  I do not consent to a search."  If they do have
one, then read it and make damn sure that they can legally do what they're 
doing.  If the warrant doesn't specify what they're doing right now, then say 
so and insist that they stop (but don't try to physically stop them!).
If they do not have a warrant, then tell them that they must leave.  If they
don't, then call the State Police (237-7232) and FBI (231-1122), and report an 
incident of trespass by the local police and ask them to come and remove them.
Get your lawyer there as quickly as possible, if you can, and remember that
the more witnesses you have, the better ... there's always your neighbors!   
If the cops arrest you, then they must give you a receipt for everything they 
confiscate (wallet, clothing, packages, etc.), so I would think that they must 
also give you one for whatever they take during the search.

   If they arrest you:  Ask "Why am I under arrest?".  They have to tell you.
After they book you, demand your two phone calls, at your expense: first to an
attorney, relative or employer, and second to a bailbondsman.  If you can't 
afford a lawyer, then demand that they provide you with one at no expense.  Do
not let your lawyer enter a plea of "not guilty" before the arraignment (the 
first trip to court where you will be formally charged, which by law has to 
occur within 48 hours of your arrest, barring holidays and Sundays), because 
that would automatically lock you into criminal proceedings, which is where 
your dear lawyer will try to make his/her money.  You should try like hell to 
get your case dismissed before that arraignment!  Your lawyer knows what to do,
and if s/he won't do it, then get one who will.  If you can't get it dismissed,
then enter your "not guilty" plea at the arraignment and insist on a jury 
trial, which will be expensive and difficult for the DA.  Do not let your 
lawyer waive the speedy trial time limits!  (Which s/he might try to do so they
can charge you more money for "preparation", etc.)  You don't want the 
prosecution to have all the time in the world to build their case against you!
If you are adamant about all that, and if their case isn't strong, then they 
might actually drop it!  What the hell, it's worth a shot!  If your case does 
go to trial, then try like hell to get that jury informed about their inherent 
right to judge the law itself, and to nullify it by letting you go, if they 
think it's not fair or is totally ridiculous (like forcing you to go to prison
for a year for having 1.5 ounces of pot, or some equally obnoxious law).

   Drills:  Knowing what to say and do is great, but it's even better if you 
get together with your friends and practice on each other, preferably in at 
least two frames of mind.  That way, if you're one on one with a cop, 
you'll be ready to handle the situation.

   Additional materials:  "If You Are Arrested" wallet-sized card (ACLU,
633 South Shatto Place, L.A., CA 90005); "Officer, Please Understand ..."
wallet-sized card (People Against Police Brutality, 1380 Garnet Ave.,
Suite E-98, San Diego CA 92109, 271-9391 or 281-1066); Fully Informed Jury
Association (local rep: Jim Lorenz, San Diego, CA, 282-4778).

   How you can help fight:  Register to vote (preferably in a sympathetic
group such as the Libertarian Party, which supports the legalization of drugs),
for then you become eligible to serve on a jury and to use your right of
nullification to free a brother or sister.  Join NORML and get wise!  Copy
this pamphlet, give it to your friends, and help spread this, our only means 
of defense.  And, most of all, be a good and conscientious person ... nothing 
is more devastating to the "War on Druggie" types than to show the world that
these assholes are persecuting some of the best people.  Make 'em think.
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-- 
San Diego County NORML.  snail mail:  PO Box 171396, San Diego CA 92197
phones:      (619) 281-8586 or 571-0088.                no email (yet).
Survival lesson:  keep your membership lists safe!  One of our leading
members was busted, and the police confiscated a hardcopy of his list.