I Choose to Waive That Right!

Submitted by Steven Silverman on January 5, 2007 - 4:48pm.

In a classic episode of The Simpsons, Marge joins the Springfield Police Force. On her beat she spots Homer's car triple-parked across three handicap spots. He is also buying booze for some teenagers.

As Officer Marge writes Homer a ticket, he snatches her hat and ridicules her. A crowd forms to watch the spectacle, and she has no choice but to arrest Homer. As she handcuffs him, Homer refuses to "flex" his rights in a perfectly hilarious way.

Today's New York Times has a great piece chronicling the heartfelt and exhaustively detailed confessions of sundry fools, thugs, and sexual predators who, like Homer, refuse to remain silent when it's in their best interests.

Frankly, I'm not tormented that most these folks decided to waive their 6th Amendment right to counsel. But I have some eye-rolling sympathy for the woman indicted on prostitution charges after writing in her confession form "I'm not a prostitute. I just hook guys up with girls if they want them."

Too bad she didn't practice what criminal defense lawyer Stacy Richman advises and every Flex Your Rights member knows: "You have a right to remain silent. Exercise that right."

Daniel J. Castelman, chief of investigations for the Manhattan district attorney, nails the precise reasons why people confess.

Almost nobody doesn’t talk. And the reason for that is that people think they can either talk their way out of it or mitigate the crime. It’s human nature.

As for the critics who condemn Flex Your Rights for promulgating information that might allow criminals to go free, please don't blame us; blame the Bill of Rights.

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I need to search your...

Submitted by Anonymous (not verified) on January 14, 2007 - 7:51pm.

I've heard a police officer claim they had the right to search the vehicle. Why are they telling me about it? I think they wanted to misconstrue my acknowledging their statement as consent.

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This is common.

Submitted by Scott Morgan (not verified) on January 23, 2007 - 12:26pm.

You might be right that they simply wanted to obtain consent under false pretenses. But in many cases they might insist on their right to search the vehicle in order to trick you into incriminating yourself. It also helps to keep people from challenging the illegal search.

Watch out.

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Refuse Identity to Police

Submitted by Robert Placer (not verified) on February 1, 2007 - 11:16am.

I have been attempting to find a clear answer to this question in Pennsylvania. Do I have a right to refuse to provide identify to a police officer? Let me explain the circumstances. I work the 4-12 shift and on my way home I stop at a post office just to mail letters. The time is usually around 1:30AM. Mailing letters at a mailbox outside a post office at that time may seem usual but certainly not illegal. Since I am at the mailbox around the same time each night, police cars have been waitng for me. The police officer watches me and the officer drives by me back and forth until I get into my car and drive away. Sometimes a police car follows my car for awhile and then drives away. I refuse to stop mailing letters at 1:30AM. Do I have a right to refuse to identify myself to a police officer under these circumstances? I feel that since I am not doing anything illegal I have a right not to speak to a police officer. I plan to refuse to talk to him and certainly refuse consent to any searches. I am within my rights? I am especailly concerned about getting frisked alone with no witness to my refusal of consent to a search.

Anyone having an answer or a partial answer please contact my e-mail address, thank you.

Robert Placer

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I think the best way to handl

Submitted by Anonymous (not verified) on February 2, 2007 - 8:15pm.

I think the best way to handle this particular situation may be to go outside the normal legal avenues and engage in a little "non-confrontational retaliation." If it's the same police officer doing this each night, find out where he lives (not too difficult in this age of online phone directories, etc.) Then, show up at his home. Don't approach the officer or try to speak to him. Just park across the street from his home, about a half-hour before he leaves for work, in a place where you're plainly visible, so that he'll see you when he walks out the door. Then, when he gets in his car to go to work, follow him for a few blocks. Needless to say, be very careful to avoid violating any traffic laws while you do this. Continue this mild harassment for a few days, and he'll get the idea ... Well, ok, maybe this isn't such a hot idea, but it's fun to think about ...

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Refusal to Identify

Submitted by Anonymous (not verified) on May 1, 2007 - 2:38pm.

Check out number 7 in Frequently Asked Questions. Depending on your state you may be required to "stop and identify" if an officer asks you to, but otherwise you're not required to unless you have broken a law or give the police reason to suspect criminal activity. I'd say go about your buisiness, and if the harassment dosen't stop report it to the authorities as such.

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illegal detainment

Submitted by Anonymous (not verified) on February 3, 2007 - 10:04pm.

my son was a passenger in a vahicle which was pulled over for rolling thru a stop sign.right away officers ordered them out of car and drug sniffing dogs arrived they found 1 seed and 1 stem (marijuana)in the car.none would admit it was theirs driver was 17 my son and another passanger are 18 they were taken to police station and all drilled for an hour they told my son since no one admitted to having it all 3 would be charged for possession and got him to submit to a urine test
he was not arrested but told if the test came back positive he would be charged later after all this he was read his miranda rights and was told to sign being yuong and dumb he did. can this hold up in court? and on what charges? 1 more question as he is 18 do i have the right to get information from police to see if lawyer is needed. ty

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"he was not arrested"

Submitted by Anonymous (not verified) on February 4, 2007 - 2:49pm.

"he was not arrested"

If he was taken to the police station, held there, questioned, etc., he was probably under arrest. Unfortunately, the police are not required to tell people when they have shifted from "consensual contact" to "detained" to "arrested." They don't have to announce "you're under arrest," etc.

"as he is 18 do i have the right to get information from police to see if lawyer is needed"

Since he's an adult, you probably don't have any more right to see the arrest report, etc., about his case than you would about one with any other adult defendant (for example, the other 18 year old passenger). In other words, the fact that you're his parent is probably not going to give you any more access to the facts of the case, etc., beyond what he chooses to share with you. But, police records are not entirely private things; you might be able to see certain portions of *any* arrest report, merely as "a concerned citizen."

In any case, there's no "if" about it; he *definitely* needs a lawyer. I'm not saying that to be discouraging; just stating a reality. He was arrested (I assume), he was given a drug test, drug evidence was found, and he was probably tricked into consenting to waive some of his rights. Maybe this will all blow over, but even if it does, he still needs an attorney just to make sure all the "t's are crossed and i's are dotted" when the case is dismissed.

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above

Submitted by Anonymous (not verified) on February 5, 2007 - 1:09pm.

thank you for your answers the problem was HE was not under arrest they kept him there hoping all of the kids would tell on each othrt since they did not they made them take a urine sample and if it comes out positive then they said they would bring charges. this is what happens to a drug task team who cannot grt the big drug dealers a stem and seed are stretching it. but anyway thanks for your reply

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Advice

Submitted by Anonymous (not verified) on February 18, 2007 - 7:18pm.

They CAnnot LATER CHARGE WHOEVER TURNS OUT TO HAVE A DIRTY TEST result and assume that is the guilty party. They realized they would look like morons for the ' offense' and dropped it. You will never hear from the pigs again. Next time tell the kid to refuse all tests not court ordered and remember that all pigs lie.

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What is Marijuana?

Submitted by Ka-ni (not verified) on February 22, 2007 - 12:19pm.

Excuse me for my lack of understanding, but what is Marijuana? If I am correct, it is a Spanish word. I myself do not understand Spanish.
In fact most state laws, say the laws must be written in English.
I do understand what hemp is, as that is English. I have yet to see a state law against hemp. As far as Cannabis, I don't understand Latin nor am I a scientist with the understanding of scientific terms.
In legal terminology, "Understand" means I agree, yet I am not a legal expert so I do not Understand the legal system.
When a cop pretends to read you your rights, all 5 or 6 (remain silent, attorney, etc.), I know that I have many more rights he has not listed. So do I understand "My rights" as he has read? No, I don't understand.
When in court and they ask, "Do you understand the charges against you?" If you just say no, the Administrative Magistrate will order a Psychological evaluation.
Leave him with a question he can't answer. I say, "No, how am I to understand them?"
This site will give you a better understanding of what the "Charges" in the court system are all about, a must read.
http://www.wealth4freedom.com/law/prison_treatise.shtml

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Police Dogs

Submitted by Anonymous (not verified) on February 27, 2007 - 2:06am.

If you advise the officer that you do not give consent to search is it legal for them to bring a police dog around your vehicle?

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Sunglasses

Submitted by I refuse to say (not verified) on August 5, 2007 - 3:32am.

Say I were wearing sunglasses at say, 2:30 in the morning, walking to a local 7-11 or some such. One could clearly say that "wearing sunglasses at night" could be considered suspicious, but can I assert my right to refuse to take them off as that would constitute a search of my eyes and pupils? Also, I look damn good in sunglasses and taking them off would mess with my image.

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