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09-11-2011, 02:51 PM
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#1
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Valued Poster
Join Date: Mar 13, 2010
Location: Dallas
Posts: 974
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When LE Stops you
I saw a posting in the Alerts section that someone was stopped within 20 steps of the provider's apt/condo. Would someone provide few pointers on how to handle such a situation? Especially when you don't know the real name of the provider?
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09-11-2011, 03:58 PM
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#2
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Lifetime Premium Access
Join Date: Dec 31, 2009
Location: Earth
Posts: 3,158
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Just say "Oh, this isn't building 8?" (or some other random building number). "I am in the wrong place."
I'm pretty sure there is nothing illegal about walking around in a public place.
Another trick would be to keep some kind of sales related paperwork/business cards on you. If stopped, you can act like a salesman who was just going door to door.
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09-11-2011, 04:20 PM
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#3
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Account Disabled
Join Date: Mar 13, 2011
Location: Dallas
Posts: 1,611
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Say you were visiting a friend, and then don't answer any other questions. If he's stopping you, he knows what you were doing. The idea isn't to convince him you weren't, it's simply to not incriminate yourself.
Shyster John had a great post detailing what you should do and why, maybe somebody can post a link.
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09-11-2011, 05:51 PM
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#5
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Valued Poster
Join Date: Nov 3, 2010
Posts: 1,107
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LOL
Quote:
Originally Posted by still-asleep
Just say "Oh, this isn't building 8?" (or some other random building number). "I am in the wrong place."
I'm pretty sure there is nothing illegal about walking around in a public place.
Another trick would be to keep some kind of sales related paperwork/business cards on you. If stopped, you can act like a salesman who was just going door to door.
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LE loves it when you lie to them and make up bs. This is likely to get you slammed and cuffed if you are in a gated complex that requires a code for entry or you were seen going in and out of a bldg. Best to remain polite and say you are here by invitation and offer to show your id.
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09-11-2011, 06:27 PM
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#6
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Lifetime Premium Access
Join Date: Dec 31, 2009
Location: Earth
Posts: 3,158
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Quote:
Originally Posted by Pocket Spock
LE loves it when you lie to them and make up bs. This is likely to get you slammed and cuffed if you are in a gated complex that requires a code for entry or you were seen going in and out of a bldg. Best to remain polite and say you are here by invitation and offer to show your id.
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They are going to arrest you for what exactly if you tell them you are looking for another building? They can't prove HOW you got access into a gated complex or where you are supposed to be. That's just dumb to say you would be arrested.
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09-11-2011, 06:47 PM
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#7
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Valued Poster
Join Date: Mar 11, 2010
Location: Dallas
Posts: 129
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Don't talk to cops. Period. Shut the fuck up. You only have to give them name, current residence address and date of birth ONLY. Too many (read MOST) people talk themselves into trouble. Do not engage in consensual conversation and you DON'T have to answer questions. Don't lie, then they have you. Just don't talk to cops. They are not there for your welfare.
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09-11-2011, 07:11 PM
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#8
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Account Disabled
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I think you shouldn't even say you are there by invitation. Who invited you? That just opens you up to more questions, I would think. I'll just quote the post by SJ:
Quote:
Originally Posted by ShysterJon
(The following is a slightly modified version of my post in the following thread:
"Being Prepared--What to Do if the Cops Show Up"
There is an old lawyer's adage: "You can beat the rap, but you can't beat the ride." In other words, you might not be convicted of the offense, but you'll not be spared the indignity, expense, and trouble of being arrested for the offense.
Can you say something to a cop to avoid being arrested for prostitution -- that is, without speaking, you'll be arrested, but if you speak, you won't be arrested? As I argue below, I think's it's far more likely that speaking will increase your chances of arrest, not decrease them.
In my view, remaining silent while being questioned will in all likelihood help a person in ALL STAGES of a criminal case -- arrest, charging, plea bargaining, and trial. Under the U.S. Supreme Court's decision in Miranda v. Arizona, a police officer is required to advise a criminal suspect prior to questioning (among other things): "You have the right to remain silent. Anything you say can and will be used against you in a court of law." But that doesn't mean that statements you make prior to being Mirandized (that is, before the cop will say he deemed you a suspect in a crime) can't be used against you then and later -- In fact, your voluntary statements can be used against you in all stages of a criminal case, like heavy stones hung around your neck as you walk a path through the criminal justice system.
Bear in mind that a cop should make an arrest because he/she has probable cause that a criminal offense has been committed based on evidence, but in reality a cop will at times make an arrest based on mere suspicion, not evidence. A cop doesn't have to believe you're guilty beyond a reasonable doubt to arrest you. That decision would be made on another day by a judge or jury. All a cop needs to arrest you is a reasonable belief that an offense was or is being committed. (As an aside, in Texas, probable cause is also all a prosecutor needs to charge you with a misdemeanor or a grand jury needs to indict you for a felony.)
To me, the issue is not whether a person should speak -- it's why they should NOT speak. In my view, a detained person should probably not speak because to do so might create evidence (or suspicion in the cop's mind) that may be used as probable cause to arrest them, by the prosecutor or grand jury to charge them, or as evidence in a trial.
STFU Rule No. 1. You probably can't lie convincingly enough to escape arrest, but you can lie unconvincingly enough to get arrested.
What you say to a cop can be a lie or the truth. Let's consider lying first.
Some of you may think: Hey, I'm smarter than a cop. I can make up a story the cop will believe and he won't arrest me. If you think that, you might as well have 'ARREST ME' tattooed on your forehead (or 'BORN LOSER' tattooed on your bicep) because cops listen to people lie all day and they're pretty good at sifting the wheat from the chaff. While you might have a higher I.Q. than the average cop, chances are the cop's bullshit detector works better than the bullshit producer right below your nose.
Something the cop perceived probably caused the cop to start questioning you. (Example: You're in your car on Harry Hines at 2:00 a.m. with your window rolled down, talking to a SW.) Once the encounter begins you probably can't change the cop's perception of what he saw. Chances are you'll only make matters worse by telling him some cock and bull story. (Example: "I stopped to talk to her because she looks like my next-door neighbor.") You could be Stephen Fucking King and you couldn't weave a believable story under the stress. Also, people don't like being lied to -- it pisses them off. Again, the cop will probably know you're lying. So if you lie you'll not just have a cop in your face -- you might have a pissed-off cop in your face.
STFU Rule No. 2. Don't tell the truth because the cop is not your friend: He's the guy who wants to bust your balls.
Some people think that being cooperative and truthful to the police will lessen their chance of being arrested. They may even naively think that if they volunteer information the cop will think they're a swell guy and won't arrest them. But I can assure you that if a cop has detained you to question you under the suspicion of having committed a criminal offense, if you speak you are not helping to escape arrest -- you are helping the cop gather enough evidence to arrest you. As I've written before, if you're involved in the hobby, a cop is not talking to you to help you -- he's talking to you to gather evidence to be used against you. Under these circumstances, the truth will not set you free -- it may put your ass in Sterrett.
Think of old WW II movies where a soldier would be captured and only give his "name, rank, and serial number." That's like what you should do if a cop questions you. If you're not driving, you're only required to produce ID. That's it. You do NOT have to answer the cop's questions. If you're driving, you're only required to produce ID and proof of insurance. (If you're unlucky enough to live in a state other than Texas, you might be required to produce your registration.) A driver does not have to answer a cop's questions, either.
Are we clear on this, boys and girls?
STFU.
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09-11-2011, 11:01 PM
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#9
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Valued Poster
Join Date: Dec 31, 2009
Location: DFW
Posts: 330
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Quote:
Originally Posted by Pocket Spock
LE loves it when you lie to them and make up bs. This is likely to get you slammed and cuffed if you are in a gated complex
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Bullshit.
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09-12-2011, 08:01 AM
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#10
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Prowler
Join Date: Mar 30, 2009
Location: Perimeter of Atlanta
Posts: 1,465
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Treat them like you do your SO. " I don't know" goes a long way. Just as with the SO, you may gave to lawyer up but you didn't fuel the fire.
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09-12-2011, 12:15 PM
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#11
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Valued Poster
Join Date: Feb 15, 2010
Location: Dallas
Posts: 339
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Don't say anything to the popo
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09-12-2011, 05:39 PM
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#12
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Valued Poster
Join Date: Mar 5, 2010
Location: SW Missouri
Posts: 441
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Actually, the more you answer and lie, the worse it CAN get, so Pocket Spock is right there.....if you can get away without saying anything, that's the best.
If you CAN'T, simply remember the old adage, "he who asks the questions controls the conversation." The officer asks where you are going, you answer as vaguely as possible, and follow your reply with a question.....like, "just visiting. Why, is there a problem?" He answers with something, you ask, "Oh, should I leave, then?"
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09-12-2011, 06:48 PM
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#13
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Valued Poster
Join Date: Dec 4, 2009
Location: Plano
Posts: 517
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Mr. James Duane, a professor at Regent Law School and a former defense attorney, tells you why you should never agree to be interviewed by the police:
http://www.youtube.com/watch?v=i8z7NC5sgik
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09-13-2011, 09:39 AM
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#14
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Valued Poster
Join Date: May 27, 2009
Location: Dallas
Posts: 260
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Quote:
Just say "Oh, this isn't building 8?" (or some other random building number). "I am in the wrong place."
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Very bad idea. Don't ever, EVER EVER lie to a cop about anything -- it just pisses them off, and could be separately chargeable. Don't get all cute with the "Oh, is this something other than what it obviously is?" line of BS -- it pisses them off, and encourages them to slap the cutesy right out of you with a little joyless ride in the back seat of a squad. If an officer stops you and asks any questions other than your name and address, your only response is "Am I under arrest?" If the answer is no, then leave. If the cop asks your name and address, tell him honestly, then ask again whether you are free to go. If the cop says, "I just want to ask you some questions" you are still allowed to just walk away, unless you are under arrest. If the cop detains you and asks you more questions, all you should say is "What am I being charged with?" and then "I invoke my right not to speak with you." It might cost you a trip downtown, but it simply cannot make matters any worse than they already are.
Anything else you say will almost surely make matters worse.
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09-13-2011, 10:42 AM
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#15
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Account Disabled
Join Date: Mar 13, 2011
Location: Dallas
Posts: 1,611
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You could always tell the cop you were just on your way home from his mother's house.
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