OT: How Do Deal With Police

[CountyMounty]

When I first saw this post I thought oh great another post dissing law enforcement but then I read all the replies and thought well everyone seems to be on the right track. While most of what that card says is true I'm thinking that most people that are using it are ending up in more trouble then they would have otherwise. I often encourage people to exercise their Miranda rights and to please remain silent.



I particularly like the part of not wanting the vehicle removed, impoundent, inventoried etc and the waving of liability. I someone handed me that card and I did end up arresting them I would kindly leave their vehicle right there on the side of the road and just see how much is left of it when they get out of jail.



Everyone was correct on the DUI stuff except that refusing a sobriety test in and of itself does not necessarily get you arrested. I recently experienced a drunk driver just like this. He refused to exit the vehicle, refused to answer my questions about where he was coming from where he was going, how much he had to drink etc, refused any field sobriety, and untilmately refused to take the intoxilyzer. I based my arrest on his poor vehicle operation and visual observation of him in the vehicle. He also got charged with resisting arrest when I had to "help" him out of his truck. The guy was hammered I have no doubt and I am certain he will get a much greater penalty from the judge then if he had complied.



If you are not doing anything wrong then stand up for yourself, if you are doing wrong then except the consequences.

 

[Thomas Rogers]

Firedog, I posted this originally, and I have never and doubt that I will ever diss the police. I was hoping to start a discussion the merit of using such a card with such verbiage, and if people here thought it was likely that IF stopped by a policemen and then you handed him this card, like a mute, if it is possible that you are in for a world of hurt and more trouble.



TJR

 

[CountyMounty]

Yes TJR I did note that you posted it and that is why I said that at first (first glance) I thought it might be another post bashing police then I realized that was not the case. It started a very good discussion. I had never seen or heard of this card so it was very interesting to see. Now I wont be caught off guard when I see one and I'm sure some day it will make its way here. RichardL makes a very good point about a mute person, I have never experienced this on a traffic stop but have had to communicate in writing a couple of times with people while fielding complaints.



AdamCKach your info about the vehicle search summarizes that best. It is what is refered to as the Carroll Doctrine.

 

[Richard L]

I think that card would be better than just ignoring the officer's questions or telling him "where you are coming from and where you are going". Afterall it really is none of his business, but you do have the obligation to protect your rights.



I'm sure many officers would become more suspicious of you, but the card lets him know that you only protecting your rights and not disrespecting him.



As comedian Ron (Tater) White once said after getting arrested in New York city, "I had the right to remain silent, but not the ability" :lol:



...Rich

 

[CountyMounty]

The reason for asking the where are you coming from and where are you going question is not to be nosey it is just part of the initial field interview for an OUI stop. Of course it is not required that they answer that question and often the answer is a lie anyway. It is just a matter of building the probable cause for arrest and I dont think anyone can fault an officer for trying to get a drunk driver off the steet. I do agree that being handed the card would be better then the person just sitting there and saying nothing at all at least the officer would know what he was dealing with.



A lot of drunks seem to lack that ability to be silent. :lol:

 

[Fudged Undies]

And naturally what would a thread be without an immaterial correction....

Rich L it's Ron "Tater Salad" White.

 

[Richard L]

Thanks Spiff, Yes it is Ron White not Bob.:wacko: I made that correction.



Firedog,

I fully support the police in taking drunk drivers off the road. The real problem is keeping them off the roads. Most drunks involved in traffic fatality accidents have had 3 or more convictions for DUI. It should never get to that point.



As for the questions the police ask. Police ask these same questions even if you are stopped for a minor traffic violation and there is no suspicion of DUI. They are only fishing for probable cause.



I agree that most drunks can't be silent unless they are passed out, even with the card they would probably just blabber all the way to jail :lol:



...Rich

 

[Thomas Rogers]

I think this guy has it figured out:



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