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Without you, today’s emotions would be the scurf of yesterday’s.
Say you stand by your man Tell me something I don’t understand You said you love me and that’s a fact Then you left me, said you felt trapped Well some things you can explain away But my heartache’s in me till this day Did you stand by me No, not at all Did you stand by me No way All the times When we were close I’ll remember these things the most I see all my dreams come tumbling down I won’t be happy without you around So all alone I keep the wolves at bay There is only one thing that I can say You must explain why this must be Did you lie when you spoke to me Did you stand by me No, not at all Now I got a job But it don’t pay I need new clothes I need somewhere to stay But without all these things I can do But without your love I won’t make it through But you don’t understand my point of view I suppose there’s nothing I can do You must explain why this must be Did you lie when you spoke to me? Did you stand by me Did you stand by me No, not at all Did you stand by me No way Did you stand by me No, not at all Did you stand by me No way
“Looked dead, didn’t I? But I wasn’t. But it wasn’t from lack of trying, I can tell you that. Actually, Bill’s last bullet put me in a coma. A coma I was to lie in for four years. When I woke up, I went on what the movie advertisements refer to as a ‘roaring rampage of revenge.’ I roared. And I rampaged. And I got bloody satisfaction. I’ve killed a hell of a lot of people to get to this point, but I have only one more. The last one. The one I’m driving to right now. The only one left. And when I arrive at my destination, I am gonna kill Bill.”
“THE UNVEILING OF CONSCIOUSNESS”
THE AMERICAN DREAM
“The American Dream” is a 30 min animated film that shows how we have been scammed by the most basic elements of our Financial System.
How is money created? How does banking really work? What is a fractional reserve system? Why did housing prices skyrocket then plunge? How does the Federal Reserve really function, and what are the consequences of its policies?
This cartoon takes an entertaining but hard hitting look at how the problems we have today are nothing new, and why leaders throughout history have warned us and fought against the type of Financial System we have in place today.
The Parallels of Contemporary America and Pre World War II Germany
There is an old saying that history always repeats itself.
With that in mind, I started to write a post that would contrast the collapse of communism in the 1990’s, in the late Soviet Union, with the events taking place currently in the United States (and other nations in the developed world, though the US is the epicenter of this process). I still might write that post, but concluded that a more apt comparison for the current state of America might be pre World War II Germany.
While they might not seem obvious at first, there are some very ominous parallels between the emergence of Nazi Germany in the 1930s and the emergence of socialism and globalism in the US today.
During the 1930s, the Nazi secret police, otherwise known as the Gestapo, could detain any citizen with no warrant or probable cause. They could use forceful entry into anybody’s home and arrest them for no reason at all. The argument then was that such action was taken to protect the German populace from the threat of Communism. Does that sound familiar?
If it does not, please take a look at the following headline.
TSA Pats Down 6 year old girl in New Orleans airport
Of course, this is just one egregious example of authoritarian abuse. The American TSA (Transportation Security Administration) has been linked to reports of forcing an elderly woman to remove her adult diaper to go through the screening process, depriving a mentally disabled passenger of a harmless toy, among other complete travesties perpetrated by its agents. There have been pictures of women and little children being felt up, all the while people idly stand by, seemingly helpless to do anything about such humiliations.
An entire population has basically been conditioned to arbitrary body scans and pat downs, invasions of one’s integrity that would probably have not been tolerated in the era before 9/11, a memory that grows more distant every single day. Naturally, the official party line from the US government is that this is to protect the American people from terrorism.
The truth is, since September 11th of 2001, the American people have lived in an unending cycle of fear and a corresponding expansion of government powers to ‘address’ terrorism abroad while building a police state domestically.
Consider that in 2001, just under 3,000 U.S. citizens died in the 9/11 attacks, but during that same year there were four times more people murdered by handguns nationwide.
Statistically, the likelihood of dying in a terrorist attack is about the same as that of dying of a spider bite, or peanut allergies.
However, when told that the government must have access to every citizen’s phone calls, e-mails, bank accounts and library transactions, a surprising number of modern Americans fall into line just as their German counterparts did during the ascendancy of the Nazi regime.
Another telling similarity between Nazi Germany and modern America is a growing acceptance of the practice of marginalizing and dehumanizing a targeted group of people who are blamed for the ills of the nation.
In Germany it was the Jews who bore the brunt of this treatment as German society methodically marked them for destruction, first by innuendo, then by legal sanction and finally by the direct action of rounding them up and exterminating them. Other groups including gypsies, communists, homosexuals and those with permanent disabilities were labeled as being a danger to the Fatherland and likewise targeted for elimination.
The current hysteria in America over Muslims in general is disturbingly familiar to those who have studied the methods used to dehumanize the so-called undesirables in 1930s Germany. Every day, the ‘news’ from various media sources tries to inflame public opinion against Muslims everywhere, not just those in America.
This same propaganda machine is probably the most relevant parallel between the two regimes.
Before World War II, Nazi propaganda strategy, officially promulgated by the Ministry of Public Enlightenment and Propaganda, stressed several themes. Their goals were to create external enemies (countries that allegedly inflicted the Treaty of Versailles on Germany) and internal enemies (Jews). Hitler and Nazi propagandists played on the anti-Semitism and resentment present in Germany. The Jews were blamed for things such as robbing the German people of their hard work while themselves avoiding physical labor.
One could say that the staple of Nazi propaganda could be summed up in the following quote by Joseph Goebbels:
“If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State.”
How does that relate to the current US administration and its media outlets?
The US mass media “news”, the style, content and especially the language, echoes its Nazi predecessors of 70 years ago to an uncanny degree. In both instances there are imperialist armies conquering countries, leveling cities and slaughtering civilians at will (America’s invasions include Afghanistan, Iraq, Libya, Somalia, Yemen, etc) - and the mass media outlets, private in form, state appendages in practice, disseminate the most absurd lies, in defense and praise of the invading “storm troopers”, call them the SS or the Marines.
Lastly, we must look at the people responsible for the funding of the propaganda and war efforts.
Nazi Germany was funded and aided by the same cartel that currently rules the United States and much of the world.
The most obvious ties can be traced to Prescott Bush, George W.’s grandfather. Prescott Bush was a director of the Union Banking Corporation, which the U.S. government took over in 1942 under the Trading with the Enemy Act, for financing Nazi interests before and during the war. After the seizures in late 1942 of five U.S. enterprises he managed on behalf of Nazi industrialist Fritz Thyssen, he failed to divest himself of more than a dozen “enemy national” relationships that continued until as late as 1951.
Now, seeing all the similarities and parallels described above, how can Americans possibly be now living under a totalitarian regime and not know it? And how can they not only see a police state condition but actually think they are living in complete freedom?
The answer is quite simple actually.
“When modern man is completely infantile… he does not need and does not have an understanding of the outer world. It exists for him merely as gratification or denial.” - Walter Lippman (1889-1973)
We don’t see the growing fascism in the US (and much of the rest of the World) because we don’t want to see it, and because it happens somewhat gradually, which makes it almost imperceptible to those who don’t think critically. Everything in our society - be it Nazi Germany or twenty-first century America - seems commonplace as it is happening.
I can imagine you may be thinking I am exaggerating. If that is the case, all I ask is that you watch the following video.
![Guidelines for Saying No to Police Searches
“One of the main powers that law enforcement officers carry is the power to intimidate citizens into voluntarily giving up their rights. Police are trained to believe in their authority and trained to perform their interactions with private citizens with confidence. It is their job to deal with problems and they learn to manage uncomfortable situations through strength. Most people, when confronted by police get a mild panic reaction, become anxious, and try to do whatever they can to minimize the time spent with the officer. Because of the imbalance of power between citizen and officer, when a law enforcement officer makes a strongly worded request, most people consent without realizing that they are giving up constitutional protections against improper meddling by the State in the private affairs of citizens.
A common situation is that of the traffic stop. A person is pulled over for a real or perceived vehicle violation and, after checking the driver’s license and registration, the officer asks the driver if they have any weapons or illegal drugs in their car. When the citizen answers “no”, the police officer asks (in the strongest language he can without demanding) to check that for himself. “Then you wouldn’t mind if I took a look in your trunk.” or “Why don’t you step out of your car.” Most people acquiesce to the ‘requests’ because they don’t realize they have the right to say no.”
WHY YOU HAVE TO SAY “NO” CLEARLYThe Federal Supreme Court has ruled that as long as the police do not force an individual to do something, the individual is acting voluntarily, even if a normal person would feel very intimidated and would not reasonably feel they could say no. (see Florida v. Bostick, 1991) If you do what a policeman tells you to do before you are arrested, you are ‘voluntarily’ complying with their ‘requests’. Unfortunately police will often try to push citizens to accept a search, to the point of ignoring when you say “no”. Its important to say very clearly “I do not consent to a warrantless search.” Or “This is a private event/home/place, you may not enter without a warrant.” Don’t simply answer questions about searches with a simple “yes” or “no”. See this casewhere drug police asked a confusing question and claimed they misunderstand the answer “yes” to mean they could search (October 24, 2000. Gregg County CODE officers, defendant Dockens, judge Steger, federal court, east district Texas). Until you say “No, I don’t think I’d like to do that.” you are cooperating as a peer with the law enforcement officer who is trying to make the world safer. When you say “no” to a request by a police officer, you are asserting your lawful rights as a private citizen. If the officer demands you comply, then in most cases you have little choice. Usually, however, the officer is likely to try to convince you to comply voluntarily. Until and unless you say “no” and stick to it, the police don’t even need any real authority to tell you what to do. WHAT A POLICEMAN CAN MAKE YOU DOWhat a Law Enforcement Officer (LEO) can demand of a citizen depends heavily on the context of the order. Most generally, police are allowed by the courts to act as any reasonable private citizen would. They may ask questions, look through windows that they happen to be near, walk or drive in public areas, etc. Without a warrant or any suspicion of illegal activity, they are allowed to interact with other citizens, but they have a limited amount of authority to demand compliance, search, or detain people or things.In highly volatile or dangerous situations, a LEO’s authority to require compliance is much higher than in non-threatening contexts. The Supreme Court has ruled (with Terry v. Ohiobeing one of the primary cases) that the police are allowed to protect themselves from potentially dangerous people or situations. Under the umbrella of “concern for safety” or “search for weapons” the police have wide latitude to do what they want and to order citizens to comply with their demands.The Terry v. Ohio case created the “weapons search”, “terry search”, or “terry pat” exception to the 4th Amendment ‘probable cause requirement’ for searches. The court ruled that if a police officer “[has] reasonable cause to believe that [someone] might be armed” they can require they submit to a quick patdown. What this has meant is that it is now standard practice to pat down anyone that a LEO wants to, without the need for arrest, probable cause, or even suspicion of a crime.Many police use weapons pats as a way to intimidate and harass citizens, since it is a power the courts have allowed them to use with little justification. Often a LEO will find something during their patdown which is clearly not a weapon which they would like to see, but this is beyond their Court-approved authority ( see below ).Also under the ‘concern for safety’ umbrella, police are given wide latitude by courts to ask individuals to comply with simple non-intrusive commands such as “stand over there” or “wait here for a moment”, but the line between order and request becomes very fuzzy when an officer starts telling people where to go unless the situation is volatile / dangerous. There are many stories of two (or more) individuals confronted by police ( one example ) whom the police intentionally separate to try to intimidate or to compare stories. This is generally a ‘fishing’ maneuver which would not fall under the ‘concern for safety’ umbrella. ( see below )During a stop for a traffic violation, police have the power to demand a proper driver’s license and other state-required documentation (registration, insurance). In most [ed-all?] states they also have the power to demand sobriety tests [ed - do they need reasonable suspicion of intoxication ?]. The courts have also given police the power to frisk a driver based on the Terry v. Ohio decision (the police should have some reason to think there is danger) and some decisions have even allowed an officer (with no suspicion or cause) to search the area around the driver’s seat. [ed-citation for this?] When a private, law abiding citizen encounters police, the amount of intrusion a Law Enforcement Officer is allowed to demand is limited. Some areas have laws against “disobeying a police officer” or “obstructing an officer from their duties”, but the bounds of what officers can reasonably require someone not suspected of any other criminal activity in a peaceful situation have not been clearly drawn by the courts. If someone interferes with a police officer engaged in an arrest or investigation, police tend to have very little patience and will quickly threaten or implement detainment or arrest. Generally, courts give police wide latitude in executing their duties and disobeying a “reasonable” direct order from an officer could be prosecuted in most jurisdictions.As an encounter proceeds, the police gather data that they can use to formulate ‘reasonable, articulable suspicion’ or (stronger) ‘probable cause’ that the individual has contraband or is involved in a crime. As the level of suspicion rises, so does the LEO’s authority to intrude into a person’s affairs. Once the level rises to ‘probable cause’ to believe that there is contraband in a vehicle, the Supreme Court has made some very disturbing decisions allowing the police broad power to search in certain cases, including the power to search closed containers without a warrant. (see United States v. Ross, 456 U.S. 798 (1982) )In a recent decision (Wyoming v. Houghton, April 1999), the Supreme Court ruled that even passengers’ belongings, if left in the car, may be searched thoroughly if the driver is suspected of a crime.In most states, you are not required to identify yourself or show the police your ID (unless you are in a vehicle). We have been unable to confirm that in Nevada that police try to charge people with obstruction of justice for people who refuse to identify themselves to police. However, if you choose to identify yourself, you are required to tell the truth. It is a crime to lie to federal police agents and it is a crime to give false identification to police in many areas [ed- find a cite for this?].The Supreme Court has said: “A brief stop of a suspicious individual, in order to determine his identity or to maintain the status quo momentarily while obtaining more information, may be most reasonable in light of the facts known to the officer at the time.” Adams v. Williams, 407 U.S. 143, 146 (1972).If you want to avoid long and unpleasant interactions with police, do not give them any reasons to suspect you of criminal activity. Courteously decline to participate in ‘fishing expeditions’ or any other actions you do not wish to perform.Police may search you ‘incident to arrest’: after or while arresting someone, police are allowed to search the body of the person being arrested. Recent decisions by the Supreme Court have also allowed the police to do exhaustive searches of any vehicle the arrestee was in and any containers therein. The Supreme Court held “that the police may examine the contents of any open or closed container found within the passenger compartment, ‘for if the passenger compartment is within the reach of the arrestee, so will containers in it be within his reach.’” 453 U.S., at 460 (footnote omitted). See also Michigan v. Summers, 452 U.S. 692, 702 (1981).In Pennsylvania v. Mimms, 434 U.S. 106 (1977), the Supreme Court “held that police Officers may order persons out of [463 U.S. 1032, 1048] an automobile during a stop for a traffic violation, and may frisk those persons for weapons if there is a reasonable belief that they are armed and dangerous.”WHAT A POLICEMAN CAN NOT MAKE YOU DO
Police are not allowed to frisk for anything except weapons. If, during a weapons pat, an officer discovers something ‘suspicious’ you don’t have to show it to them.Although the police have been given a lot of leeway to ‘check for weapons’, the Supreme Court has ruled (in the key decision Minnesota v Dickerson, 1993) that a weapons search may not be used as a pretext for a more general search. In Minnesota v Dickerson, a man was stopped coming out of a ‘notorious crack house’ and was patted down in a ‘Terry Stop’. The officer noticed something in the man’s pocket which he said ‘felt to be a lump of crack cocaine in cellophane’. He reached in the defendant’s pocket and found some crack-cocaine. The Supreme Court ruled that in order to determine whether the item was crack or not required a further, unwarranted search was necessary which was not acceptable by 4th Amendment standards.
Police are not allowed to search everyone (see Ybarra v. Illinois, 444 U.S. 85 (1979). In Ybarra v. Illinois, a man was patted down in a bar where the police were arresting a bar owner for selling heroin. An officer identified “a cigarette pack with objects in it” in the man’s pocket during the pat down and decided to search Ybarra. The High Court ruled that the officer overstepped his authority by searching everyone in the bar, even though they had a warrant to arrest the bartender and search the bar for evidence of drug sales.A common situation where police attempt to search many individuals without probable cause is a raided party. Sometimes police tell people to ‘empty your pockets’ or they pat everyone down as they are leaving or they target a few people based on appearance for a full blown search. Most raids on parties are done without a judge-issued warrant and are based on noise complaints, city ordainances about event sizes, etc. In these cases, most searches will be citizens ‘voluntarily’ complying with requests except in the case of violence, extreme intoxication, or obvious criminal activity. Be polite and considerate of the difficult job the LEO’s have, but do not consent to any warrantless search and do not offer information to the police regarding any criminal activity they suspect you of.
HOW TO SAY NO
So, when a policeman says “Empty your pockets for me?” or “Why don’t you step over here for a moment?” What does a reasonable, law abiding citizen say if s/he doesn’t want to? Unfortunately there may be no simple answer to this. Because of the nature of most police-citizen interactions, tensions can be high and LEO’s may interpret any dissent as hostility or ‘suspicious behaviour’.
Stay Calm. Speak calmly and slowly and don’t be surprised if the officer becomes irritated, angry, or belligerent. Move slowly.
Ask Questions. One way to Say No is to ask questions in return: “Is that a request or an order?” “Am I under arrest?” “Am I free to go?” “Why do you want me to *whatever*?” “Am I a suspect in a crime?”
Say No. Another way to Say No is to very clearly say no: “No, I would like to leave.” “No, I do not consent to any warrantless searches.” “You do not have my permission to search me / my car / my belongings.”
Defuse Tensions. Do everything you can to defuse the tensions and seem peaceful. If an LEO thinks you might be dangerous, the courts have ruled that they have a greater authority to force you to comply.
Do not Resist. Do not Argue with a Cop. Do not Touch a cop. Don’t Run. Don’t complain or threaten an officer legally.
Comply when Required. Knowing when you are required to comply can be difficult (see What You Must Do and What You Don’t Have to Do ) The moment an LEO pulls a gun, do what they say. If they make you do something through force, your Constitutional Rights are not as important as staying healthy and alive. You can challenge the arrest in court if your rights are violated.
Give the Cop a Break. Remember that police have a very difficult job to do and most cops are doing their best to try to keep their communities safe. When it comes to dealing with unusual or strange individuals or confronting drug issues, officers (and many people in the world) make some bad snap judgements. But most cops think of themselves as the Good Guys, so try to let em know you’re on their side.
Ask for a Lawyer. As soon as its clear you will be arrested, ask for a lawyer and then keep quiet. Police will try to get you to talk. Don’t.
CAN SAYING NO GET ME IN MORE TROUBLE?The short answer to this is, of course, yes and no. A lot is dependent on your rapport with the individual officer(s). Saying No to a police officer should be done gently to avoid enraging them so you don’t get beaten up. Saying No to a warrantless search may cause a police officer to harass you further to try to get you to comply. Saying No, however, isalways the best idea when it gets to the point of arrest and prosecution. It is never in your interest to cooperate with the police in helping them collect evidence against you. If you do say No and a policeman searches anyway, evidence can sometimes be suppressed (thrown out). If you agree to a search, you have no grounds to dispute the evidence.It is common to have an officer ‘ask’ forcefully first and if the suspect gives any indication of saying No, they threaten to arrest them and take them to the station. They say things like “if you don’t open your trunk/pocket/whatever for me, I can arrest you and we can open it up down at the station”. Often officers will imply that if the suspect cooperates, the cop will go easier on them. While it is true that a police officer controls whether you are arrested or not, very few police officers will overlook anything illegal they find in a search (including very small amounts of cannabis).](http://25.media.tumblr.com/7deb3ddf426d851f2dc80c170ed9d4c1/tumblr_mmk2yg580R1qgeekco1_500.gif)
Guidelines for Saying No to Police Searches
“One of the main powers that law enforcement officers carry is the power to intimidate citizens into voluntarily giving up their rights. Police are trained to believe in their authority and trained to perform their interactions with private citizens with confidence. It is their job to deal with problems and they learn to manage uncomfortable situations through strength. Most people, when confronted by police get a mild panic reaction, become anxious, and try to do whatever they can to minimize the time spent with the officer. Because of the imbalance of power between citizen and officer, when a law enforcement officer makes a strongly worded request, most people consent without realizing that they are giving up constitutional protections against improper meddling by the State in the private affairs of citizens.
A common situation is that of the traffic stop. A person is pulled over for a real or perceived vehicle violation and, after checking the driver’s license and registration, the officer asks the driver if they have any weapons or illegal drugs in their car. When the citizen answers “no”, the police officer asks (in the strongest language he can without demanding) to check that for himself. “Then you wouldn’t mind if I took a look in your trunk.” or “Why don’t you step out of your car.” Most people acquiesce to the ‘requests’ because they don’t realize they have the right to say no.”
WHY YOU HAVE TO SAY “NO” CLEARLY
The Federal Supreme Court has ruled that as long as the police do not force an individual to do something, the individual is acting voluntarily, even if a normal person would feel very intimidated and would not reasonably feel they could say no. (see Florida v. Bostick, 1991) If you do what a policeman tells you to do before you are arrested, you are ‘voluntarily’ complying with their ‘requests’.
Unfortunately police will often try to push citizens to accept a search, to the point of ignoring when you say “no”. Its important to say very clearly “I do not consent to a warrantless search.” Or “This is a private event/home/place, you may not enter without a warrant.” Don’t simply answer questions about searches with a simple “yes” or “no”. See this casewhere drug police asked a confusing question and claimed they misunderstand the answer “yes” to mean they could search (October 24, 2000. Gregg County CODE officers, defendant Dockens, judge Steger, federal court, east district Texas).
Until you say “No, I don’t think I’d like to do that.” you are cooperating as a peer with the law enforcement officer who is trying to make the world safer. When you say “no” to a request by a police officer, you are asserting your lawful rights as a private citizen. If the officer demands you comply, then in most cases you have little choice. Usually, however, the officer is likely to try to convince you to comply voluntarily. Until and unless you say “no” and stick to it, the police don’t even need any real authority to tell you what to do.
WHAT A POLICEMAN CAN MAKE YOU DO
What a Law Enforcement Officer (LEO) can demand of a citizen depends heavily on the context of the order. Most generally, police are allowed by the courts to act as any reasonable private citizen would. They may ask questions, look through windows that they happen to be near, walk or drive in public areas, etc. Without a warrant or any suspicion of illegal activity, they are allowed to interact with other citizens, but they have a limited amount of authority to demand compliance, search, or detain people or things.
In highly volatile or dangerous situations, a LEO’s authority to require compliance is much higher than in non-threatening contexts. The Supreme Court has ruled (with Terry v. Ohiobeing one of the primary cases) that the police are allowed to protect themselves from potentially dangerous people or situations. Under the umbrella of “concern for safety” or “search for weapons” the police have wide latitude to do what they want and to order citizens to comply with their demands.
The Terry v. Ohio case created the “weapons search”, “terry search”, or “terry pat” exception to the 4th Amendment ‘probable cause requirement’ for searches. The court ruled that if a police officer “[has] reasonable cause to believe that [someone] might be armed” they can require they submit to a quick patdown. What this has meant is that it is now standard practice to pat down anyone that a LEO wants to, without the need for arrest, probable cause, or even suspicion of a crime.
Many police use weapons pats as a way to intimidate and harass citizens, since it is a power the courts have allowed them to use with little justification. Often a LEO will find something during their patdown which is clearly not a weapon which they would like to see, but this is beyond their Court-approved authority ( see below ).
Also under the ‘concern for safety’ umbrella, police are given wide latitude by courts to ask individuals to comply with simple non-intrusive commands such as “stand over there” or “wait here for a moment”, but the line between order and request becomes very fuzzy when an officer starts telling people where to go unless the situation is volatile / dangerous. There are many stories of two (or more) individuals confronted by police ( one example ) whom the police intentionally separate to try to intimidate or to compare stories. This is generally a ‘fishing’ maneuver which would not fall under the ‘concern for safety’ umbrella. ( see below )
During a stop for a traffic violation, police have the power to demand a proper driver’s license and other state-required documentation (registration, insurance). In most [ed-all?] states they also have the power to demand sobriety tests [ed - do they need reasonable suspicion of intoxication ?]. The courts have also given police the power to frisk a driver based on the Terry v. Ohio decision (the police should have some reason to think there is danger) and some decisions have even allowed an officer (with no suspicion or cause) to search the area around the driver’s seat. [ed-citation for this?]
When a private, law abiding citizen encounters police, the amount of intrusion a Law Enforcement Officer is allowed to demand is limited. Some areas have laws against “disobeying a police officer” or “obstructing an officer from their duties”, but the bounds of what officers can reasonably require someone not suspected of any other criminal activity in a peaceful situation have not been clearly drawn by the courts. If someone interferes with a police officer engaged in an arrest or investigation, police tend to have very little patience and will quickly threaten or implement detainment or arrest. Generally, courts give police wide latitude in executing their duties and disobeying a “reasonable” direct order from an officer could be prosecuted in most jurisdictions.
As an encounter proceeds, the police gather data that they can use to formulate ‘reasonable, articulable suspicion’ or (stronger) ‘probable cause’ that the individual has contraband or is involved in a crime. As the level of suspicion rises, so does the LEO’s authority to intrude into a person’s affairs. Once the level rises to ‘probable cause’ to believe that there is contraband in a vehicle, the Supreme Court has made some very disturbing decisions allowing the police broad power to search in certain cases, including the power to search closed containers without a warrant. (see United States v. Ross, 456 U.S. 798 (1982) )
In a recent decision (Wyoming v. Houghton, April 1999), the Supreme Court ruled that even passengers’ belongings, if left in the car, may be searched thoroughly if the driver is suspected of a crime.
In most states, you are not required to identify yourself or show the police your ID (unless you are in a vehicle). We have been unable to confirm that in Nevada that police try to charge people with obstruction of justice for people who refuse to identify themselves to police. However, if you choose to identify yourself, you are required to tell the truth. It is a crime to lie to federal police agents and it is a crime to give false identification to police in many areas [ed- find a cite for this?].
The Supreme Court has said: “A brief stop of a suspicious individual, in order to determine his identity or to maintain the status quo momentarily while obtaining more information, may be most reasonable in light of the facts known to the officer at the time.” Adams v. Williams, 407 U.S. 143, 146 (1972).
If you want to avoid long and unpleasant interactions with police, do not give them any reasons to suspect you of criminal activity. Courteously decline to participate in ‘fishing expeditions’ or any other actions you do not wish to perform.
Police may search you ‘incident to arrest’: after or while arresting someone, police are allowed to search the body of the person being arrested. Recent decisions by the Supreme Court have also allowed the police to do exhaustive searches of any vehicle the arrestee was in and any containers therein. The Supreme Court held “that the police may examine the contents of any open or closed container found within the passenger compartment, ‘for if the passenger compartment is within the reach of the arrestee, so will containers in it be within his reach.’” 453 U.S., at 460 (footnote omitted). See also Michigan v. Summers, 452 U.S. 692, 702 (1981).
In Pennsylvania v. Mimms, 434 U.S. 106 (1977), the Supreme Court “held that police Officers may order persons out of [463 U.S. 1032, 1048] an automobile during a stop for a traffic violation, and may frisk those persons for weapons if there is a reasonable belief that they are armed and dangerous.”
WHAT A POLICEMAN CAN NOT MAKE YOU DO
- Police are not allowed to frisk for anything except weapons. If, during a weapons pat, an officer discovers something ‘suspicious’ you don’t have to show it to them.
Although the police have been given a lot of leeway to ‘check for weapons’, the Supreme Court has ruled (in the key decision Minnesota v Dickerson, 1993) that a weapons search may not be used as a pretext for a more general search. In Minnesota v Dickerson, a man was stopped coming out of a ‘notorious crack house’ and was patted down in a ‘Terry Stop’. The officer noticed something in the man’s pocket which he said ‘felt to be a lump of crack cocaine in cellophane’. He reached in the defendant’s pocket and found some crack-cocaine. The Supreme Court ruled that in order to determine whether the item was crack or not required a further, unwarranted search was necessary which was not acceptable by 4th Amendment standards. - Police are not allowed to search everyone (see Ybarra v. Illinois, 444 U.S. 85 (1979). In Ybarra v. Illinois, a man was patted down in a bar where the police were arresting a bar owner for selling heroin. An officer identified “a cigarette pack with objects in it” in the man’s pocket during the pat down and decided to search Ybarra. The High Court ruled that the officer overstepped his authority by searching everyone in the bar, even though they had a warrant to arrest the bartender and search the bar for evidence of drug sales.
A common situation where police attempt to search many individuals without probable cause is a raided party. Sometimes police tell people to ‘empty your pockets’ or they pat everyone down as they are leaving or they target a few people based on appearance for a full blown search. Most raids on parties are done without a judge-issued warrant and are based on noise complaints, city ordainances about event sizes, etc. In these cases, most searches will be citizens ‘voluntarily’ complying with requests except in the case of violence, extreme intoxication, or obvious criminal activity. Be polite and considerate of the difficult job the LEO’s have, but do not consent to any warrantless search and do not offer information to the police regarding any criminal activity they suspect you of.
HOW TO SAY NO
So, when a policeman says “Empty your pockets for me?” or “Why don’t you step over here for a moment?” What does a reasonable, law abiding citizen say if s/he doesn’t want to? Unfortunately there may be no simple answer to this. Because of the nature of most police-citizen interactions, tensions can be high and LEO’s may interpret any dissent as hostility or ‘suspicious behaviour’.
- Stay Calm. Speak calmly and slowly and don’t be surprised if the officer becomes irritated, angry, or belligerent. Move slowly.
- Ask Questions. One way to Say No is to ask questions in return: “Is that a request or an order?” “Am I under arrest?” “Am I free to go?” “Why do you want me to *whatever*?” “Am I a suspect in a crime?”
- Say No. Another way to Say No is to very clearly say no: “No, I would like to leave.” “No, I do not consent to any warrantless searches.” “You do not have my permission to search me / my car / my belongings.”
- Defuse Tensions. Do everything you can to defuse the tensions and seem peaceful. If an LEO thinks you might be dangerous, the courts have ruled that they have a greater authority to force you to comply.
- Do not Resist. Do not Argue with a Cop. Do not Touch a cop. Don’t Run. Don’t complain or threaten an officer legally.
- Comply when Required. Knowing when you are required to comply can be difficult (see What You Must Do and What You Don’t Have to Do ) The moment an LEO pulls a gun, do what they say. If they make you do something through force, your Constitutional Rights are not as important as staying healthy and alive. You can challenge the arrest in court if your rights are violated.
- Give the Cop a Break. Remember that police have a very difficult job to do and most cops are doing their best to try to keep their communities safe. When it comes to dealing with unusual or strange individuals or confronting drug issues, officers (and many people in the world) make some bad snap judgements. But most cops think of themselves as the Good Guys, so try to let em know you’re on their side.
- Ask for a Lawyer. As soon as its clear you will be arrested, ask for a lawyer and then keep quiet. Police will try to get you to talk. Don’t.
CAN SAYING NO GET ME IN MORE TROUBLE?
The short answer to this is, of course, yes and no. A lot is dependent on your rapport with the individual officer(s). Saying No to a police officer should be done gently to avoid enraging them so you don’t get beaten up. Saying No to a warrantless search may cause a police officer to harass you further to try to get you to comply. Saying No, however, isalways the best idea when it gets to the point of arrest and prosecution. It is never in your interest to cooperate with the police in helping them collect evidence against you. If you do say No and a policeman searches anyway, evidence can sometimes be suppressed (thrown out). If you agree to a search, you have no grounds to dispute the evidence.
It is common to have an officer ‘ask’ forcefully first and if the suspect gives any indication of saying No, they threaten to arrest them and take them to the station. They say things like “if you don’t open your trunk/pocket/whatever for me, I can arrest you and we can open it up down at the station”. Often officers will imply that if the suspect cooperates, the cop will go easier on them. While it is true that a police officer controls whether you are arrested or not, very few police officers will overlook anything illegal they find in a search (including very small amounts of cannabis).
Once upon a time in a village, a man announced to
the villagers that he would buy monkeys for $10. The
villagers, seeing that there were many monkeys around,
went out to the forest and started catching
them..
The man bought thousands at $10 and as supply started
to diminish, the villagers stopped their effort.
He further announced that he would now buy at
$20. This renewed the efforts of the villagers and
they started catching monkeys again.
Soon the supply diminished even further and people started
going back to their farms.
The offer rate increased to $25 and the supply of
monkeys became so little that it was an effort to even
see a monkey, let alone catch it!
The man now announced that he would buy monkeys at $50!
However, since he had to go to the city on some business,
his assistant would now buy on behalf of him.
In the absence of the man, the assistant told the
villagers. Look at all these monkeys in the big cage that the
man has collected. I will sell them to you at $35 and when the man returns from the city, you can
sell it to him for $50.
” The villagers squeezed up with all their savings and bought
all the monkeys.
Then they never saw the man nor his assistant, only
monkeys everywhere!
Welcome to the ‘Stock Market’!