How to answer police and avoid arrest?!

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WoodiE

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Maybe it's legit, but some of the info in the this infographic seems like a perfect way to get into more trouble...

ku-xlarge.png
 
Those things always make me laugh.
 
Some of that info is outdated for sure. In many states, it is illegal to record audio, even in a public setting without permission. There was a huge case based on this in Maryland just a couple of years ago involving a motorcyclist. I generally just try to be polite, respectful, and take responsibility when in the wrong as an adult should do. And honestly, that's helped me more, and even gotten thanks from officers.

I got pulled over on the bike at the end of fall for doing something stupid (I rode a wheelie, not gonna lie). I was with a large group of guys that come down and ride a few times a year, and I kid you not her first words were; "Why did you pull over?" I guess she expected me to run. I told her "Becuase I'm an adult, and I was being an idiot. You got me fair and square." I"m not sure she knew how to react to that. She was very nice, let me off with a warning and told me to go mess with all my buddies and tell them she'd be watching for them since they left me. :D
 
You mean you're not supposed to offer the officer one of your beers or a doughnut (or in Alpine's case, a Honey Bun)?

Honestly though, being polite and courteous will usually get you the same from the LEO.
 
What to do when you get pulled over....

Shut up and speak when spoken to

Keep answers short and use a calm voice
 
Ever notice when someone gets pulled over on "COPS" that they ALWAYS had 2 beers. EVERYONE had 2 beers.
Then there was that kid who got pulled over, and when asked how many beers he had consumed he said, "About 40".
 
How designers of the poster thing its going to go:

Cop: (Reads Rights per Miranda) I detect the odor of an alcoholic beverage emitting from your person, have you had anything to to drink tonight.

Drunk: Nope

Cop: Ok, well have a good night.


Full scenario with how it REALLY would go with the dumbass from the poster (Taken from some of my personal experiences):

Cop: I detect the odor of an alcoholic beverage emitting from your person, have you had anything to to drink tonight.

Drunk: Nope.

Cop: Well based on my observations I suspect that you have been drinking. I'm going to ask that you submit to a series of Standard Field Sobriety Tests.

Drunk: Nope.

Cop: Thats fine, turn around and place you hand behind your back, your under arrest for suspicion of DWI.

Drunk: You can't prove it.

Cop: Ok.

(Minutes later at the station)

Cop: (Reads the Statement of Rights form Relating to the Chemical Test for Intocation, as well as advises rights to refuse breathalyzer)
(after 15 minute observation)
I'm going to give you with the opportunity to provide a breath sample.

Drunk: Nope.

Cop: Ok. (Calls duty judge on the desk, 5 minutes later has warrant in hand)
Come on lets go to the hospital.

Drunk: Nope.

Cop: No choice. (Drives drunk to hospital, has blood drawn from drunk per warrant's orders, and is placed in a Blood Draw Evidence Kit, then drives drunk to jail. Gives blood to evidence custodian with copy of a Request for Scientific Analysis form)


I've done over 100 DWI's in the past three years. Havent lost a case yet with or without a breath or blood test. It's all about how you articulate your reports.
 
I know if a lot of times where the driver has handed the police officer their concealed weapons permit along with everything else and the officer asks are you carrying right now? Driver says yes and the officer just tells the person to have a nice day. This works even better when women do it!
 
I know if a lot of times where the driver has handed the police officer their concealed weapons permit along with everything else and the officer asks are you carrying right now? Driver says yes and the officer just tells the person to have a nice day. This works even better when women do it!

I hate getting a woman home just to find out that she's got something concealed. :(


Sent from my GT-I9300 using Tapatalk
 
I know if a lot of times where the driver has handed the police officer their concealed weapons permit along with everything else and the officer asks are you carrying right now? Driver says yes and the officer just tells the person to have a nice day. This works even better when women do it!

Happens quite often.
 
Apline - the whole "Miranda Rights" part of that image really bothered me too. I really can't see how who ever created the image really thought it would work out that way in real life.

I really can't tell if they created the image for laughs or if they thought they are really passing on good info.

I know if a lot of times where the driver has handed the police officer their concealed weapons permit along with everything else and the officer asks are you carrying right now? Driver says yes and the officer just tells the person to have a nice day. This works even better when women do it!

I've been pulled over one time since I've had my CCW permit for speeding coming from Kentucky to Indiana and just crossed the Indiana line. Gave the cop my id, permit and told him where the firearm was when he approached the truck. Asked if he wanted the gun or for me to unload it, he said no just don't make any sudden movements. Moments later he came back joking about my Indiana University decal on my truck while living in Lexington, KY and told me to have a good day. If I recall correctly not even a written warning.
 
These things are popping up everywhere. It's a big part of the sovereign movement (which are many times considered domestic terrorists).

If I feel that the stop will be going past a simple talking encounter or a ticket, I Mirandize early on in the stop.

When someone refuses search, and I feel that I need to get in that vehicle, I handcuff (detain) and call a dog. So the answer to the question in the section "if you refuse consent I'll call for a dog" and they ask "am I free to go, or are you detaining me?" The answer is "dumbass, why would I call for a dog if your free to go. Turn around with our hands behind your back." (Handcuffed and stuffed)
 
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How designers of the poster thing its going to go:

Cop: (Reads Rights per Miranda) I detect the odor of an alcoholic beverage emitting from your person, have you had anything to to drink tonight.

Drunk: Nope

Cop: Ok, well have a good night.


Full scenario with how it REALLY would go with the dumbass from the poster (Taken from some of my personal experiences):

Cop: I detect the odor of an alcoholic beverage emitting from your person, have you had anything to to drink tonight.

Drunk: Nope.

Cop: Well based on my observations I suspect that you have been drinking. I'm going to ask that you submit to a series of Standard Field Sobriety Tests.

Drunk: Nope.

Cop: Thats fine, turn around and place you hand behind your back, your under arrest for suspicion of DWI.

Drunk: You can't prove it.

Cop: Ok.

(Minutes later at the station)

Cop: (Reads the Statement of Rights form Relating to the Chemical Test for Intocation, as well as advises rights to refuse breathalyzer)
(after 15 minute observation)
I'm going to give you with the opportunity to provide a breath sample.

Drunk: Nope.

Cop: Ok. (Calls duty judge on the desk, 5 minutes later has warrant in hand)
Come on lets go to the hospital.

Drunk: Nope.

Cop: No choice. (Drives drunk to hospital, has blood drawn from drunk per warrant's orders, and is placed in a Blood Draw Evidence Kit, then drives drunk to jail. Gives blood to evidence custodian with copy of a Request for Scientific Analysis form)


I've done over 100 DWI's in the past three years. Havent lost a case yet with or without a breath or blood test. It's all about how you articulate your reports.

Are you sure he didn't say while wearing a label on his forehead, "I wasn't drinking, ociffer. I'm on the patch." :D
 
Best way to avoid arrest is to not break the law.

Seriously, ask a cop -any cop- how many people have talked their way out of being arrested on an arrestable offense. Your answer will almost certainly be zero.

The only arrestable offense I can think of where people do get away with only a citation is speeding in excess of a certain amount (here in CO, it's 20+ over the limit). And in those cases, being polite and cooperative is the way you'll avoid the inside of a jail cell, not challenging the officer's constitutional and legal knowledge. Get mouthy with a cop after being pulled over doing 86 in a 55, I guarantee your vehicle is being impounded and you're riding in the back. Be very polite and honest, good chance he'll write you for something like 74 in a 55 and let you carry on about your business.
 
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I'm not 100% sure but I think all offenses are arrestable offenses....as in it doesn't have to be excessive speeding to be arrested.
 
Yeah, SMaxxin in computer terms it is referred to as an ID-10T or PEBKAC error. (Problem Exists Between Keyboard And Chair)
 
I'm not 100% sure but I think all offenses are arrestable offenses....as in it doesn't have to be excessive speeding to be arrested.

The signature on a citation is your bond.
 
The signature on a citation is your bond.

^^^This.

Refuse to sign, and yes, you will be arrested. What I meant was offenses in which a on-the-spot PR bond in the form of a citation signature is not an option. That would be any Felony and generally misdemeanors of class II/class B or higher, sometimes class III/C. Class IV/D misdemeanors or petty offenses are generally a citation and fine, maybe community service, but usually not arrest/jail time.
 
Citations are for traffic offenses.
Misdemeanor summons are for criminal.
Felony must go to jail.

CAN go to jail for first two.
 
Citations are for traffic offenses.
Misdemeanor summons are for criminal.
Felony must go to jail.

CAN go to jail for first two.

Right.

<-------Not an attorney, cop, judge, but has some understanding of the system.

Correct me if I'm wrong, but a citation simply means that you can pay the fine or go to court and contest the charge, whereas a summons is a mandatory court appearance. I know it varies by jurisdiction, but in these parts, some petty offenses or low level misdemeanors do, in fact, give the recipient the option of paying a fine rather than appearing in court.

For example, careless driving here is a misdemeanor traffic violation, but it is not a mandatory court appearance. Technically a criminal offense, but you can simply pay the fine by mail. DWAI, on the other hand, is also a misdemeanor, but it will be an arrest and mandatory court appearance.
 
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