Because of the Fifth Amendment, no one in the U.S. may legally be forced to testify against himself, and because of the Fourth Amendment, no one’s records or belongings may legally be searched or seized without just cause. However, American police are trained to use methods of deception, intimidation and manipulation to circumvent these restrictions. In other words, cops routinely break the law—in letter and in spirit—in the name of enforcing the law. Several examples of this are widely known, if not widely understood.
1) “Do you know why I stopped you?”
Cops ask this, not because they want to have a friendly chat, but because they want you to incriminate yourself. They are hoping you will “voluntarily” confess to having broken the law, whether it was something they had already noticed or not. You may think you are apologizing, or explaining, or even making excuses, but from the cop’s perspective, you are confessing. He is not there to serve you; he is there fishing for an excuse to fine or arrest you. In asking you the familiar question, he is essentially asking you what crime you just committed. And he will do this without giving you any “Miranda” warning, in an effort to trick you into testifying against yourself.
10 comments:
He's not required to give you Miranda. Miranda does not apply to minor traffic violations or a minor traffic encounter. Idiot.
And they wonder why they have a public trust problem!
Not surprising that they are getting shot in record numbers....!
Yes, there are good ones out there - but the ones I trust are few and far between....and I have done this for a living too!
Retired Marine
If your not breaking the law how would any of this apply??
First, Miranda only applys if one is in custody. Second, there is no law that says police may not lie to a suspect. None of the listed "wrongs" are in violation of either local, state or federal laws and certainly not unconstiutional.
Those who can, do. Those who cannot, teach. Those who cannot teach, become cops. Who's the idiot?
As for interaction with the police, here are your responses.
"Am I being detained?" "Am I free to go?" "Are you going to punish me for exercising my constitutional rights?"
Otherwise, shut your mouth and exercise your 4th (Search and Siezure) and 5th (Self-incrimination) amendment rights and ask for a lawyer.
Video tape every interaction with police.
Do all these things and you will avoid bogus charges.
The bonus is that is pisses them off when you are more well informed than they are.
I don't care put a slug in a thug.
7:09, lots of folks are getting shot or shot and killed by police when they have done nothing wrong. Our best protection is to stay the hell away from the storm troopers whenever possible. Even that is not enough at times.
I don't blame the police for being skittish but they need to back the heck off before things get worse. Just because somebody is black or hispanic doesn't mean that they are up to no good. I'm an old white man and they make me jumpy, so I can imagine the 18 yo black male out with his buds at 1AM getting the shake down when nothing is going on.
NYC cop shot again,where is al SHARPSCUM. ?
Your right. He isn't required to give it. But if you know your rights..... You still have Miranda at all times while speaking to an officer. Never talk to cops. A simple convo is never that. Remember..... Anything you say ever,can be used against you.
It's no longer the job to serve and protect. It's one thing to search and apprehend suspects, but when you stop me for simply driving late at night and say something stupid like I didn't use a blinker only to pull me out of a car and empty my pockets, I'd say that's harrassment. Then because I don't want you rummaging through my possessions you then call for a vicious service dog to scratch all over my car while I sit on a curb in handcuffs being what you call detained, I'd call that guilty till proven innocent. Cops are the biggest terrorist there are....
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