KNOW YOUR RIGHTS

By Uncommon Ground

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The most import things to know, when approached by a police officer, are:

• You are probably wise to cooperate by answering questions in most instances, unless you you are suspected of committing a crime.
• You have the right not to answer questions, regardless of whether the officer has advised you of your rights.
• The officer does not have to advise you of your rights unless he or she arrests you.
• You have the right to decline to be searched (other than a pat-down), as well as the right to decline an officer's request to search of your car, your luggage, or your dwelling.
• The officer does not have to advise you that you can decline his or her request for a search.

A police officer looking in the trunk of your car or entering a leased dungeon space is a search, no matter how he or she phrases the request. 

Examples:

"May I look in your trunk?"
"I'd like to do a walk through."

Whether you consent is your choice.

• Do not obstruct the officer if he or she insists on a search despite your lack of consent. Be sure to say out loud, however, that you do not consent.

Example:

"I do not consent to your entry, but if you insist on entering here, I will not obstruct you in the performance of your apparent duties."

• Unless you are under arrest or temporarily detained (e.g., for a pat-down search or for questioning), you are free to move on.
• On the other hand, if you are not free to move on (i.e., you are being detained), you definitely should exercise your right to remain silent.
• If you feel your rights are being violated, do not act belligerent about it. Let a lawyer sort it out for you afterwards.

SOME OBSERVATIONS ABOUT YOUR RIGHTS

The observations here don't apply to BD/SM per se.
hey are offered for general instructional purposes.

How do you deal with the officer who approaches you in a public place, such as on the street or in the lobby of an office building? Your response might be: "How can I help you?" Or you might say: "What do you want?"

The first example sets a better tone. The second example is more hostile and will be taken as a challenge to the officer's authority.

The first example may lead the officer to say: "We're investigating a mugging that just happened down the street. Did you see anything unusual in the last half hour?"

The second example may lead the officer to say: "Turn around and put your hands against the wall," followed by a pat-down search of your clothing to see if you are carrying any weapons. That most likely would be followed by: "What's your name? And let's see some identification."

The famous Miranda warnings go like this:

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You can stop answering questions I ask you at any time. You have the right to have a lawyer with you when you go to court or during questioning. If you cannot afford a lawyer, one will be appointed for you."

Remember this: The police officer does not have to give  the Miranda warnings unless you have been arrested. Many people have received jail sentences from things they said or wrote before their arrest.

If you are approached by an officer, you do not have to answer any questions, even if you are not arrested. You are perfectly within your rights to say: "I do not wish to speak with you." At this point, you should be free to leave.

If you refuse to answer any questions, the officer might take the next step by saying: "You will have to stay here. You're not leaving till I find out what I want." If the officer restrains by actions or words, such as putting you in the squad car or telling you to stay put, then the officer must give the Miranda warnings if he or she intends to ask you any questions. If the officer just wants you to sweat, he or she may not give the warnings at all and just take you to the police station, just to show you who is boss.

Here's the point: If you are not free to leave, you have been arrested. You have been arrested, whether or not you are taken to a police station.

If the police have arrested you, it means they have enough information to believe you are at least a suspect in a crime. You should refuse to tell the police officers anything other than your name and the information on your driver's license unless you are provided with a lawyer. This may mean you have to spend a bit longer in jail until you can obtain a lawyer, but it will be worth the wait. You will not be able to talk your way out of police custody without a lawyer's help.

Sometimes the police arrest people on suspicion, hoping he or she will confess or make a statement. Often the police will tell an arrested person it will go better if he or she cooperates by talking. Don't buy it.

The police may offer a shorter sentence or other deals for a statement or a confession. Remember: The police cannot legally make deals with people they arrest. The only person who can make a deal (a deal that is enforceable) is the prosecutor. And the prosecutor should not speak with you unless you have a lawyer present.

It is legal for the police to lie to you about what they know or suspect or what other people have said about you. You should refuse to talk without a lawyer present to represent you, no matter what the police tell you.

A weekend spent in jail, waiting for a lawyer, is better than a jail sentence.

The only exception is an arrest for drunk driving. You will be required to take a blood alcohol test. Refusal to take the test will result in automatic suspension of you driver's license. And you do not have a right to a lawyer during the test. If you were involved in an accident where people were killed or seriously injured, it may be advisable to not take the test and suffer the suspension, rather than giving the police evidence of your possible intoxication. Unfortunately, you will have to make this decision without a lawyer.