There are only two *generally* safe things to say to a cop: "Am I being detained?" and "I want a lawyer." - ThreadSky

toygunhitman.bsky.social • 109 days ago

There are only two *generally* safe things to say to a cop:

"Am I being detained?" and "I want a lawyer."

Comments

Four things:

"Am I being detained?"
"Am I free to go?"
"I am exercising my right to remain silent." (It's always best to verbally assert your right to remain silent. Simply *being* silent can be construed as obstruction.)
"I want a lawyer."

wicked-lizzie.bsky.social•109 days ago

"I do not consent to a search" is also good

alttag.bsky.social•109 days ago

One more: “I’m invoking my right to silence.”

Because law in this country is perverse, you actually have to say you’re being quiet.

toygunhitman.bsky.social•109 days ago

At least in my state, saying you want your lawyer is legally invoking your right to silence.

Your mileage may vary.

socialistdogmom.bsky.social•109 days ago

this is an important point!! the courts have held that merely BEING silent is insufficient evidence that you were exercising your right to remain silent. say out loud that you are invoking your right to silence and that you will not speak without an attorney present. then shut the fuck up.

dahliaiterations.com•103 days ago

This was a whole class session in law school, and the entire class was like, "Wow! That ruling is perverse ON ITS FACE." and the prof was like, "Yes, but it's the law now and it will almost certainly never be overturned."

nemopseudonym.bsky.social•87 days ago

"Am I being detained?"

"Am I free to go?"

"I am invoking my right to an attorney, and I am invoking my right to remain silent."

toygunhitman.bsky.social•87 days ago

In some states, "I want my lawyer" counts as invoking your right to silence. In others, it does not. IANAL & YMMV, as they say.

ladyfreedomrocks.bsky.social•96 days ago

And "I invoc the 5th" then no more talking.

charlesxavier.bsky.social•80 days ago

And remember, don’t say “I want a lawyer, dawg” because they can interpret it as you asking for a lawyer dog (I am not making this up)

https://slate.com/news-and-politics/2017/10/suspect-asks-for-a-lawyer-dawg-judge-says-he-asked-for-a-lawyer-dog.html

ceemq.bsky.social•80 days ago

ok ngl I might be initially ok with it if they bring me a lawyer dog! 😵‍💫😵‍💫

sffcorgi.bsky.social•79 days ago

Can I specify a corgi? ;)

catoochie.online•80 days ago

oh my fucking fuck

ladycristina.bsky.social•79 days ago

Better than most of the human attorneys in my area! 😂

cageandfish.bsky.social•105 days ago

At last, you can mention "A succulent Chinese meal"... 😉

toygunhitman.bsky.social•104 days ago

They will definitely try to use your limp penis, claims of judo headlocks, succulent meals (Chinese or otherwise), and Democracy Manifest against you in a court of law.

activeoppressor.bsky.social•109 days ago

Might we add "I don't answer questions" or similar to that list? I've seen some experts say that "I'm sorry officer but I don't answer questions" is useful. Because many people are not brave enough to just silently walk past a cop that is speaking to them. Genuine question, IANAL.

marnanightingale.bsky.social•108 days ago

"Am I being detained?" works for that. Then you leave.
If you are being detained you just keep saying "I want a lawyer" in response to every question. Don't mess with the script, it's too easy to give them an opening that way.

mjwise425.bsky.social•103 days ago

IWaL -> Miranda. Directly.
So be prepared for it.

toygunhitman.bsky.social•103 days ago

If you're being detained, you should be Mirandized anyway, so start bracing as soon as the answer to "am I being detained" is "yes." Better you prompt that response by invoking your 5th and your right to an attorney as soon you know you're in trouble.

toygunhitman.bsky.social•103 days ago

If you're not being detained, "I want a lawyer" means "the conversation" is over. The cops will no longer be able to talk to you without your attorney present. It may also focus their attention on you in the future - "if you have nothing to hide, then why are you hiding?"

marnanightingale.bsky.social•102 days ago

For Canadian purposes, it's a little different, but yes, it's important to know what's apt to occur next. I was answering more from the "how to avoid giving information away" POV, which is where "don't tamper with the script" is really important because changes to the script ARE information.

toygunhitman.bsky.social•109 days ago

The Pot Brothers At Law (who unlike me *are* lawyers) have a 25 word script:

"'Why did you pull me over?' 'I'm not discussing my day.' 'Am I being detained or am I free to go?' If the answer is yes, you say 'I invoke the 5th' and then you Shut The Fuck Up!™"

toygunhitman.bsky.social•109 days ago

* yes, you are being detained, obviously; though I wouldn't put it past the cops to say "Yes" to an "or" question.

toygunhitman.bsky.social•109 days ago

And while it assumes you're being pulled over, you can substitute a polite but pointed question relevant to your situation. (They have guns, and are known to like using them, so I try to be polite when cops bother me.)

kadelopa.bsky.social•109 days ago

We’ve been trained to answer. That’s why they say to watch the video everyday. We need to untrain ourselves.

blazewarriorwolf.bsky.social•108 days ago

📌

kimsofia.bsky.social•89 days ago

"I'm not discussing my day"

toygunhitman.bsky.social•88 days ago

Always remember The Script!

undrewsual.bsky.social•109 days ago

AND if you have a smartphone, make sure it only unlocks with a number code. If it uses face or fingerprint, cops can compel you to unlock it for them. They cannot compel you to give them the passcode without a warrant.

chronosschiron.bsky.social•108 days ago

a cop can look on my phone all they want dont care
nothing to hide

ennui.org•105 days ago

that's what you think

chronosschiron.bsky.social•105 days ago

ya it is
i never use it id like to see what he finds other then oh look his worker for disability
OH THE HORROR

dirtynerdy.bsky.social•108 days ago

dont obey in advance

chronosschiron.bsky.social•108 days ago

nothing to worry about
lol
i only used it to auth twitter
im banned there no so i dont need it no more

undrewsual.bsky.social•108 days ago

It’s not whether you have “something to hide”. It’s about finding out what your usernames are on social media. What do you have bookmarked? Who do you have in your contacts that they could try to get more info out of? Who have you called or texted?

techdudekc.bsky.social•108 days ago

There will be by the time the pig is done with it…

javamanphil.bsky.social•108 days ago

If you use biometrics on an iPhone, holding the power and a volume button for a second or two forces it into a state that requires a typed passcode. Easy to do when pulling it out of your pocket. Know the feeling.

villyne.bsky.social•108 days ago

Best solution would to simply leave the smart phone at home if you’re going somewhere where the likelihood of arrest then or later on is there and if you absolutely need a phone bringing a cheap burner phone that is cheap to destroy and dispose if necessary.

undrewsual.bsky.social•108 days ago

Well, yes, you should do that if you’re going to a protest or somewhere you might get arrested or questioned. But I’m talking about if something happens you weren’t expecting and they detain you.

undrewsual.bsky.social•109 days ago

Also, if the cop asks to search your car, you say you don’t consent to a search without a warrant.
If they ask you to step out of your car, lock the door when you exit & if they ask you to unlock it, say the above line again.
They may search anyway but nothing they find (or “find”) is admissible.

undrewsual.bsky.social•109 days ago

Sane goes for if they ask to come inside your house. And if you have friends over, make sure they know that, too.

activeoppressor.bsky.social•109 days ago

I've read that cops need a warrant signed by a judge, but will try forcing their way in with a cop warrant or something.

toygunhitman.bsky.social•109 days ago

The usual excuse is "probable cause." Basically, the police are permitted to enter and search if they can see a crime happening right in front of them. Like if the cops came to your door, and they can see a dead person on the floor behind you, they're not coming back with a warrant.

toygunhitman.bsky.social•109 days ago

The most typical "probable cause" is that they "smelled pot" or "saw paraphernalia."

sffcorgi.bsky.social•79 days ago

Question: My car is fairly new, so has electronic locks and ignition. If I step out and lock the car, it's as easy as taking the fob and pressing a button to unlock again. How could they not take the fob?

toygunhitman.bsky.social•79 days ago

Realistically, you can't stop them from doing so. You can't really stop them from taking anything on your person from you, because they have authority and a gun. This is why they don't like being filmed, because then there's evidence of them overstepping their authority and violating your rights.

sffcorgi.bsky.social•79 days ago

Good to know.

undrewsual.bsky.social•79 days ago

It’s about making sure that can’t claim you “consented” to the search. If they have to unlock it themselves, you didn’t consent. Look at local laws to see what they can & can’t order you to give them. IANAL, after all. Just passing on what I’ve heard from other lawyers.

sffcorgi.bsky.social•79 days ago

👍

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