Cops -- to serve and protect?

[ebonyknight]

Even the warrants here have to be very specific about what's being searched. For instance, let's say I have a house with a seperated garage. If the police come up to me with a warrant to search my house, then find a huge stockpile of cocaine in my garage, they can't use it against me since they had no legal grounds to be in my garage.

Unless your garage door is open, thus placing your stockpile "in plain sight".

That would be admissible. Just as driving down the street with a dead body's arm hanging out of the trunk, would be admissible in court, if a cop stopped you.

I watched the video with the lawyer. I though it was common sense to not talk to the police, but I guess that's a "black" thing.

I wonder what a cop would say if I said, " I invoke my 5th amendment right", when he asks me if I knew how fast I was going?

[The Shadow]

I would however like to see a video demonstrating what the harm would be, if any, in allowing a search of your property if you have nothing to hide.

Why is it that this is invariably the first argument that comes out of the mouths of cops and their shills whenever this subject comes up?

Tell you what...since *you* have nothing to hide, how about this...can I come over to your house sometime and go through all your drawers, personal belongings and other private possessions? After all, you've got nothing illegal so you have nothing to hide so I'm sure you won't mind, right? Or maybe I can sit and watch you and your spouse or significant other some night while you're in bed together...and I'll have my camcorder with me which I'm sure you won't mind...since you're not doing anything illegal, you have nothing to hide, right? /sarcasm off

You may not have something to hide, but you have something to protect...your privacy. You wanted to know what the harm would be? If people don't start excercising their constitutional rights regularly and more often, the police will soon start to wonder how much they can get away with. As the old saying goes, "Give 'em an inch and they'll take a mile". Showing the cops you know your rights might make them think twice about violating them and more difficult for them to abuse their authority.

The US, Canada and the UK all have a system of checks and balances to keep governments in check and prevent them overstepping their bounds and paving the way towards becoming a totalitarian police state. A lot of people gave their lives in two world wars to protect these freedoms and I pity anyone who thinks it's OK to throw all this away just because it might make the cops job easier.

[Pedersen]

Why is it that this is invariably the first argument that comes out of the mouths of cops and their shills whenever this subject comes up?

I'm not so sure that was jayel's intent any more. I've re-read the response, and I think the intent was more "Whenever people talk about not talking to the police, they always talk about how to get away with something that they know is illegal. I know that talking to the police, even when you think you have nothing to hide, is bad. But I don't know how to show it, or how to explain it, and I wish some one would provide an answer to that so I can respond appropriately to this claim in future."

At least, I think that's what is being said. And that, at least, I can agree with. Anything I've come up with makes me sound like a loony paranoid who needs to be locked up for his own protection. I wish somebody would provide a clear answer for just that reason.

[RecoveringKinkoid]

I wonder what a cop would say if I said, " I invoke my 5th amendment right", when he asks me if I knew how fast I was going?

Well, legally, he ought to say "okay, sir."

In reality, he'd probably go batshit, but legally, there's really nothing he can do to you. Unless he wants to arrest you. And if he did that for the hell of it, you could probably sue him.

Probably the best answer would be "No sir." and leave it at that.

[The Shadow]

Just came upon this article not long ago. It's not new, but it demonstrates exactly the problems I have with cops and why many people are beginning to question the need for a continuation of policing, at least in it's current form:

http://www.karenselick.com/CL0107.html

[crazylegs]

http://www.civitas.org.uk/pubs/policeNine.php

The above link is the principles on which UK policing is ultimately based its policing by consent, rather than law enforcement, perhaps it's time for a change in style of policing in the US if enforcement isn't working...?

[Greenday]

Well, legally, he ought to say "okay, sir."

In reality, he'd probably go batshit, but legally, there's really nothing he can do to you. Unless he wants to arrest you. And if he did that for the hell of it, you could probably sue him.

Probably the best answer would be "No sir." and leave it at that.

I really, really have to disagree with that. If you were asked if you knew how fast you were going and you decided to invoke the 5th amendment, he'd probably just say "Ok" and give you your ticket. You don't have to admit to speeding to be ticketed for speeding.

Also, telling the cop you don't know how fast you were going sounds kinda reckless. I mean, driving around and never checking your speed? Cops like honesty. Being honest and straightforward when pulled over can be the difference between a ticket and a warning.

[Slytovhand]

I'm not trying to turn this into a debate.

What the..??? Someone on fratching not wanting a debate??? sheesh - what's the world coming to??

Anything I've come up with makes me sound like a loony paranoid who needs to be locked up for his own protection. I wish somebody would provide a clear answer for just that reason.

You mean you're not???


Anyway, I'm a Justice of the Peace for Queensland (state over here), and as such, I sign Search and Seizure warrants. Naturally, if such a thing gets presented to me, I would ask a stack of relevant questions - why they want it, what they're looking for, why they need to do it at such and such a time, etc. And, I also get to request to know the results of that S&S.

That being said, I have no particular reason to agree to give any information that I don't think they have a need to know. Also, as said previously, if you show your rights, they are more likely to remember exactly where they stand, and to show a bit of respect... otherwise, some can be more inclined to walk over you.

No, not all, but better safe than sorry.

Also - to me, it depends on the attitude of said cop. If they're nice and polite and all, fine. If they're going to be arrogant and officious, then they'll have it all uphill...

As for citing the 5th for being pulled over for speeding... that'd just be silly (unless you're doing a bank job ). Obviously, I don't know much of the law over there, but if someone pulled that line, I wouldn't be half surprised if the cops then looked for any reasonable reason to do a search..(oooh - is that a baseball bat in the back seat? That's a lethal weapon, sunshine!)