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Fresh
Antiprohibitionist
Joined: 15 Jun 2007
Posts: 40
Location: Do or Die Jersey
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 Posted: Thu May 08, 2008 10:18 am Post subject: Questions for my man Barry |
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whats going on Barry how you doing.. thanks for the dvd man its much appreciated ..i just got some real quick questions i need some answers to.
1. if a cop stops you on the streets do you have to give your name or address of where you live
2. are you required to answer any questions they ask such as "where you coming from" or "what are you doing around here"
3. i know police can't search you with out probable cause.. but what if they ask you to empty your pockets are you required to comply with that request what happens if you say no?
4. do they have to tell you what their detaining you for and how long are they allowed to do so
like always thanks for the answers Barry your always quick at responding and its very helpful not just to me but to everyone who visits this forum |
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shortyflow
M.I.A.M.I
Joined: 24 Apr 2008
Posts: 577
Location: Porter Pot in Brazil
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| Posted: Thu May 08, 2008 7:38 pm Post subject: |
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| actually those are some alright questions man. i am gonna try to google some answers. |
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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 1135
Location: Sittin in a cave, high as hell......
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WildChild
NGB Staff
Joined: 14 Sep 2007
Posts: 360
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| Posted: Thu May 08, 2008 8:22 pm Post subject: |
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It's never a bad idea to exercise your right to remain silent.
-andrew  |
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Fresh
Antiprohibitionist
Joined: 15 Jun 2007
Posts: 40
Location: Do or Die Jersey
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| Posted: Fri May 09, 2008 1:07 am Post subject: |
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| thanks for the reply's everybody..Still..I feel we need further insight.. |
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Fresh
Antiprohibitionist
Joined: 15 Jun 2007
Posts: 40
Location: Do or Die Jersey
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| Posted: Fri May 16, 2008 4:00 pm Post subject: |
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| Any Answers Barry??? |
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alpPDCjr12
Antiprohibitionist
Joined: 06 Apr 2008
Posts: 17
Location: Southwick, MA
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| Posted: Mon May 26, 2008 1:41 pm Post subject: Re: Questions for my man Barry |
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| Fresh wrote: | whats going on Barry how you doing.. thanks for the dvd man its much appreciated ..i just got some real quick questions i need some answers to.
1. if a cop stops you on the streets do you have to give your name or address of where you live
2. are you required to answer any questions they ask such as "where you coming from" or "what are you doing around here"
3. i know police can't search you with out probable cause.. but what if they ask you to empty your pockets are you required to comply with that request what happens if you say no?
4. do they have to tell you what their detaining you for and how long are they allowed to do so
like always thanks for the answers Barry your always quick at responding and its very helpful not just to me but to everyone who visits this forum |
They can't make you tell them anything, you have "the right to remain silent".
If you refuse to empty your pockets they could probably find a way to get what's in there anyway, by making up probable cause (saying they smelled marijuana, etc.). I think I saw that on NeverGetBusted vol.1.
If you are in jail I know they have to tell you what they arrested you for. I think they have 24 hours to detain you without actually saying they are arresting you for something specific, IDK exactly.
peace, man... don't get caught |
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Barry
CEO/NeverGetBusted.Com
Joined: 03 Apr 2007
Posts: 539
Location: Texas
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| Posted: Tue Jun 03, 2008 7:00 pm Post subject: |
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| Quote: | | 1. if a cop stops you on the streets do you have to give your name or address of where you live |
Yes. You must identify yourself or you will usually be charged with Fail to Identify. The police are suppose to have "reasonable suspicion" before they try to identify you but the courts have forgotten this. You will lose if you do not identify. You may win if you identify. I advise to always identify.
| Quote: | | 2. are you required to answer any questions they ask such as "where you coming from" or "what are you doing around here" |
You're never required to say anything but it can make things more miserable for you if you don't. If the officer is reacting to a call of a suspicious person prowling the neighborhood, then he has the legal right to ask you those questions. If it is merely a traffic stop, he does not have the right to your information (where you are going and where you are coming from). You may refuse to answer these questions. In Texas, you may be arrested for the traffic offense if you use this tactic. The Texas police can arrest for any traffic violation except Speeding, take you to jail and search your car under the "police must inventory autos before having them towed" doctrine.
| Quote: | | 3. i know police can't search you with out probable cause.. but what if they ask you to empty your pockets are you required to comply with that request what happens if you say no? |
Police are allowed to do a "pat down" and can retrieve items in pockets if the "pat down" feels like a weapon. Basically, if a cop pats you down, he can say he thought he felt a pocket knife and then retrieve whatever item is in your pocket. If the item retrieved is not a knife but drugs, you're busted because courts have ruled if cops are acting under good intentions and discover evidence, it can be used against the citizen.
A cop asking you to empty your pockets is a search you can refuse. Citizens have an expectation of privacy to their pockets. Said another way: We don't wear see-through pockets because we expect the privacy! However, if you refuse to empty your pockets, the cop can then perform a pat down. It's damned if you do and damned if you don't! Sorry.
| Quote: | | 4. do they have to tell you what their detaining you for and how long are they allowed to do so |
They must tell you why you are not free to leave so "yes" is the answer to the first question. Police are allowed to detain you as long as they are actively seeking and/or gaining evidence and can explain why they believe detaining you will produce more evidence. For instance, I kept some motorist tied up for 10 to 12 hours as I removed their auto to a station with a lift so I could drop the fuel tank to check for drugs. I could explain it was necessary because I could articulate the reasons why I was doing it:
Traveling on major highway
driver story did not match passenger's
k-9 alert
odor of marijuana
I could also explain why the lengthy detention might lead to evidence:
My training taught me marijuana is often hidden in fuel tanks.
During the search, I am not allowed to eat a Big Mac and then return to search more. I must actively be seeking the evidence. If an officer meets this criteria, he can keep you there 'till whenever!
Hope this helps a bit. These are very good questions.
Barry |
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