What do you think of how this guy handled being stoped for OC? - Page 11
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Thread: What do you think of how this guy handled being stoped for OC?

  1. #101
    Join Date
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    He could have acted differently, as could the police.

    I would have done exactly what the officer said, then after they got done frisking me and debating what they really just did... I would have urged them to learn the laws they are hired to uphold. Asked for badge numbers, then went on my merry way.

    Then, made some formal complaints.
    Quote Originally Posted by Deanimator View Post
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  3. Immediate compliance with all of the officer's requests makes your case more difficult in court because the burden of proof is then upon you to prove that the encounter was not voluntary on your part. That's the reason it is better for the subject to immediately ask the officer if they are being detained under suspicion of committing a crime. The officer's answer to that question will the determine if the remainder of the encounter was voluntary or not.

    If the officer answers yes, you are being detained under suspicion of committing a crime, then the burden of proof in court falls upon the officer to prove that they had reasonable and articulable suspicion to make the detention legal.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  4. #103
    Join Date
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    Quote Originally Posted by NavyLCDR View Post
    Immediate compliance with all of the officer's requests makes your case more difficult in court because the burden of proof is then upon you to prove that the encounter was not voluntary on your part. That's the reason it is better for the subject to immediately ask the officer if they are being detained under suspicion of committing a crime. The officer's answer to that question will the determine if the remainder of the encounter was voluntary or not.

    If the officer answers yes, you are being detained under suspicion of committing a crime, then the burden of proof in court falls upon the officer to prove that they had reasonable and articulable suspicion to make the detention legal.
    Exactly.

    Other than REQUIRED notifications, such as in Ohio, the FIRST thing out of your mouth in ANY non-voluntary police encounter should be, "Am I free to leave?" If the answer is "no", your ONLY response should be, "I have nothing further to say without my lawyer present."

    If asked to consent to ANYTHING, loudly and unambiguously REFUSE CONSENT.

    Then SHUT UP.

    Where lawful to do so, use a recording device to ensure that your invocation of your right to remain silent and your refusal of consent are documented.

  5. #104
    all cops are drama queens,use to trust them (a little) now dont trust them at all

  6. #105
    I hope he ends up with a huge settlement from the city. There is no reason for a citizen to be treated that way by any public servent.

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