I am not a lawyer. I do not offer legal advice. I am sharing information printed on a card from a university student legal advisory board. I am relating what happened to me.
the card:
A police officer may have the right to arrest you even if you are innocent. Never resist an arrest. Do not argue with the police. You do not have to consent to the police entering your dwelling. his applies to houses and apartments. While your silence can be interpreted as giving consent, it is better to verbalize your refusal if you do not want the police to come inside. Never physically resist entry. The issue of illegal entry by the police will be determined in court.
if you consent to a search of your person, your home or your car, evidence will be used against you. You need not to consent to such searches, but do not physically resist a search.
You have the right to not incriminate yourself. This right extends to before and after talking to the police. Anything you say to the police may be used against you in court. You can be prosecuted for giving false information.
If you are in the custody of the police you have the right to remain silent and to consult an attorney. If you can not afford an attorney, the court will appoint one for you. You may invoke the right to remain silent at any time or have an attorney present at the interrogation. you can not be compelled to take a polygraph test.
my opinion: my own attorney suggested these ideas. fwiw follow the advice of your own attorney.
Be calm, speak in quiet low tones. Stand or sit still, no big sudden movements. Do not touch the police officer. ask for permission to move.
give the police your name, correct name and address do not f~~~ with the police.
you do not need to tell them what you are doing or why you are there. small talk will cause trouble. it is none of their business. they wont like your silence, too bad.
ask why you are being detained.
tell them you will comply with their orders, tell them you do not consent to searches. do not physically interfere. say nothing without an attorney present.
if you are arrested, ask if you may have some time to secure your property and papers.
Before you attempt to leave a police encounter, be sure to ask “Am I free to go?” before leaving. This is very important. You may ask to leave at any time. the sooner the better.
my experience…I was removed from my home by police. I answered my door, and identified myself, they gave me the order to vacate my property and a protection order. I read the order and told them I would comply peacefully. I spoke in low careful voice, calm as I could be, I held onto my dog. I should have asked to put the dog in another room.
My brother appeared from another room and surprise, guns drawn on him, he stopped, and raised his hands, and remained silent. He had a video game controller in his hand, he is 6’2 350 pounds, he is a gentle giant. Cops asked him a few questions, and guns were put away.
I asked if I could take some clothing and some personal items and asked a police man to go with me. If the c~~~ said I trashed the place, the cop would be my witness. I took some clothing and a box, and a stack of papers. I asked to secure my property, lock up the house.
Cops went outside while I locked up the house and exited through the garage. I closed the garage. In the order I had to surrender all house keys and car keys only. I kept the key to the box safe in my hands. not in the order to give that up.
Thank Jebus on the cross I talked to the attorney that morning. I asked if my brother and I were free to go. We were, and we left calmly.
Lurkers and anyone else, your special snowflake will consult an attorney. The attorney will know how to remove you from your house. She will make up all kinds of bulls~~~. You special snowflake will walk into a door or punch her own face to make it look like you punched her. At that point you are f~~~ed.
No matter what happens when the police arrive, do not argue, do not touch them, just shut up, and comply. let the attorney figure out how you were handled later. move calmly, speak softly.
Police go to domestic bulls~~~ and sometimes die. That is their mindset when they serve you papers. Do not give them any excuse to put holes in you. Surprising them with a game controller in your hand is a good way to get perforated.
Good luck dudes. And it is always the man who gets carted off in a domestic bulls~~~ thing. you could have a knife sticking out of your forehead and her hand jammed in your bungus, and it will be you who is removed. do not go back, ever. ever. you cannot reason with the c~~~, or the police. take the paper the cops give you, read it carefully and comply with the order. save the paper, give it to the lawyer.
I live in fear of the knock on the door when the c~~~ makes something up and calls the cops. this has happened to me several times with no repercussion to her. once it became apparent that I keep a journal and receipts, this problem went away. living 900 miles away helped too. there were nights I parked near where I lived to see if the cops were there.
good luck brothers, you are gonna need it.
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Anonymous 2 years, 8 months ago.
