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Old 10-25-2007, 03:03 PM
Jackal52 Jackal52 is offline
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Join Date: Jan 2007
Posts: 67
Default Re: Just Say NO

Here's my opinion on stops and searches. I have been an
attorney for 16 years. I practiced criminal defense law for 7 years.(I've handled 100's of cases, I've tried a murder case, and written 7 appeals) However, the last 9 years I have done tax work, so this information may be inaccurate/incomplete and/or outdated.
Anyhow, I believe the current law is that if asked questions by the police, then you have to give your name, address, and "the nature of your business" (Supreme Court Case by Rehnquist?)

Example: Stopped in the casino.

Cops: Do you know the man who started the altercation at the poker table?

Answer: Hello Officer, my name is Joe Smith, I'm from Chicago, and I was here playing poker. Am I under Arrest?

Cop: No, not yet, are you a jail-house lawyer!; No, but we have questions, If you don't talk you will be arrested,etc, etc, etc,

Next statement by you: (1) Am I under arrest? and (2) Am I free to leave?

If the answer to (1) is yes, then state " I want a lawyer, I will remain silent, and I choose to exercise all my rights under the Fourth, Fifth, Sixth and Fourteenth Amendments of the U.S. Constitution.

If the answer to (1)is no, then ask if you are free to leave, if you are not, then you are being "Stopped" (Called a "Terry Stop"). If you are being "Stopped" say the following:

If I'm not under arrest, I'm going to leave. (At this point, walk away.--if they stop you---say the following: I have nothing to say. I want to remain silent. I have a right against self-incrimination. Am I free to leave?

If they don't let you go now, then you have been "arrested" according to some courts because your freedom of movement is impaired.

Try walking away, if stopped, demand an attorney or the right to leave. (Keep demanding an attorney and say nothing else if cuffed)

Hopes this helps.
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