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#4449130 - 07/04/17 08:33 AM Legal Question: Do "Rights cards" actually "work"?
SumpChump Offline


Registered: 02/11/14
Posts: 1975
Loc: Upper Midwest by the Lakes USA
This is a LEGAL question, not political, regular officers are hired and not elected. So just to get that outta the way, legal question.

I have seen these "rights" cards lately. I prefer to have done nothing wrong so that I can talk to officers voluntarily and without concern. However, in large cities, where one doesnt know an officer, perhaps these are useful phrases?


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#4449137 - 07/04/17 08:39 AM Re: Legal Question: Do "Rights cards" actually "work"? [Re: SumpChump]
Reddy45 Offline


Registered: 08/15/08
Posts: 2955
Loc: USA
Looks mostly correct. I'm not so sure about the same sex strip search, although that would be good policy for any police dept.

As with anything else in life, how you carry yourself during the confrontation matters as well.

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#4449141 - 07/04/17 08:42 AM Re: Legal Question: Do "Rights cards" actually "work"? [Re: SumpChump]
spasm3 Online   content


Registered: 05/30/10
Posts: 8638
Loc: North Carolina
I think if you whip this card out, instead of speaking, you will draw more inquiry to yourself. What do you want the result to be, when you ask if the card will "work"?

Really the nature of why you are interacting with law enforcement to begin with matters.
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#4449142 - 07/04/17 08:43 AM Re: Legal Question: Do "Rights cards" actually "work"? [Re: Reddy45]
pbm Offline


Registered: 04/19/04
Posts: 7589
Loc: New York
Originally Posted By: Reddy45


As with anything else in life, how you carry yourself during the confrontation matters as well.



Very True....Chris Rock has a YouTube video on what NOT to do when stopped by police....it's very funny and sadly, much of what he warns against is common behavior....
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#4449143 - 07/04/17 08:43 AM Re: Legal Question: Do "Rights cards" actually "work"? [Re: SumpChump]
JeepWJ19 Offline


Registered: 09/09/15
Posts: 932
Loc: PENNSYLVANIA
Seems like a good card for anybody, regardless of where they live, who don't fully understand their rights.

The only thing that card doesn't warn them against is their psychological trickery in the phrasing of their words.
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#4449145 - 07/04/17 08:45 AM Re: Legal Question: Do "Rights cards" actually "work"? [Re: SumpChump]
HerrStig Offline


Registered: 08/24/11
Posts: 9560
Loc: Boston, MA
You hold it between the billy club and the top of your head.


Edited by HerrStig (07/04/17 08:45 AM)

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#4449153 - 07/04/17 08:48 AM Re: Legal Question: Do "Rights cards" actually "work"? [Re: SumpChump]
motor_oil_madman Offline


Registered: 11/29/09
Posts: 4838
Loc: Houston, Texas
They will just get a search warrant if you refuse. Then they will take your whole car apart.
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#4449158 - 07/04/17 08:51 AM Re: Legal Question: Do "Rights cards" actually "work"? [Re: pbm]
spasm3 Online   content


Registered: 05/30/10
Posts: 8638
Loc: North Carolina
Originally Posted By: pbm
Originally Posted By: Reddy45


As with anything else in life, how you carry yourself during the confrontation matters as well.



Very True....Chris Rock has a YouTube video on what NOT to do when stopped by police....it's very funny and sadly, much of what he warns against is common behavior....


I think that clip should be a public service announcement.
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#4449160 - 07/04/17 08:57 AM Re: Legal Question: Do "Rights cards" actually "work"? [Re: SumpChump]
exShuttlemech Offline


Registered: 05/22/17
Posts: 107
Loc: ST Augustine, FL
Those are all valid points, however, I would just choose to be diplomatic and disengage with the "traffic stop" by simply saying thank you officer. If he/she shifts to "the fishing expedition" question phase, terminate the conversation by asking if you are free to go?. If the officer doesn't respond in the affirmative, then up it to "am I free to go, or am I being detained".
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#4449167 - 07/04/17 09:00 AM Re: Legal Question: Do "Rights cards" actually "work"? [Re: SumpChump]
Vern_in_IL Offline


Registered: 06/25/14
Posts: 1882
Loc: IL
Cops don't know the laws, so if you do have a state stature, you can "inform" the cop right there, and then he has the duty to follow said stature or he is not acting in "good faith" and you got them in court.

Quote:
Although the trial court found that no violation of OCGA § 40-6-40 had occurred based on a technical reading of the statute, it upheld the traffic stop based on Officer Scott's good faith belief that such a violation had occurred. The trial court found “no evidence that [Officer Scott's] beliefs were anything but bona fide,” and “it was for the trial court, sitting as finder of fact, to gauge the credibility of the officer's testimony that he observed [Toole] commit a traffic violation.”
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#4449171 - 07/04/17 09:02 AM Re: Legal Question: Do "Rights cards" actually "work"? [Re: SumpChump]
HoosierJeeper Offline


Registered: 11/23/16
Posts: 1276
Loc: WI
I feel like if you start rattling that off word for word, the officer will resent that attitude. I think keep the concepts out and use as needed.
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#4449174 - 07/04/17 09:08 AM Re: Legal Question: Do "Rights cards" actually "work"? [Re: spasm3]
pbm Offline


Registered: 04/19/04
Posts: 7589
Loc: New York
Originally Posted By: spasm3
Originally Posted By: pbm
Originally Posted By: Reddy45


As with anything else in life, how you carry yourself during the confrontation matters as well.



Very True....Chris Rock has a YouTube video on what NOT to do when stopped by police....it's very funny and sadly, much of what he warns against is common behavior....


I think that clip should be a public service announcement.



https://www.youtube.com/watch?v=uj0mtxXEGE8

_________________________
'Journalism is Dead'

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#4449184 - 07/04/17 09:19 AM Re: Legal Question: Do "Rights cards" actually "work"? [Re: SumpChump]
5AcresAndAFool Offline


Registered: 12/18/16
Posts: 417
Loc: Indiana
I always thought those cards were mainly for use by Drunk Driving Enthusiasts so they can just crack the window open and hand them the card so the officer can't smell the alcohol on them or Drug Traffickers so the officer cant smell the bale of weed in the vehicle.

We are a nation of laws and usually the ones that follow the laws have nothing to worry about.


Edited by 5AcresAndAFool (07/04/17 09:21 AM)

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#4449190 - 07/04/17 09:25 AM Re: Legal Question: Do "Rights cards" actually "work"? [Re: 5AcresAndAFool]
spasm3 Online   content


Registered: 05/30/10
Posts: 8638
Loc: North Carolina
Originally Posted By: 5AcresAndAFool
Drunk Driving Enthusiasts



LOL
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#4449199 - 07/04/17 09:30 AM Re: Legal Question: Do "Rights cards" actually "work"? [Re: SumpChump]
DB_Cooper Offline


Registered: 10/01/07
Posts: 401
Loc: Ga
Actually that scenario goes like this:

"am I free to go or am I being detained?"

LEO replies "I am doing an investigation..you are being detained while I complete my investigation"

"why am I being detained?"

LEO "I am doing an investigation" "May I search your car?"

"No, I want a lawyer and right to silence"

LEO "no problem..turn around and I am placing you in handcuffs for your safety and mine"

"why?"

LEO "you are interfering with a police investigation..you are not under arrest at this time..may I search your car?"

"No and I want my attorney present and right to silence"

LEO "no problem..wait here till the K-9 unit arrives and we will proceed from there, you are not under arrest at this time"

LEO and K-9 find the dog "alerts" for contraband ..the K-9 always do if needed (probable cause now satisfied) and "toss" your car

My point is it never is a good idea to challenge a LEO with your knowledge of your rights..the LEO knows them too and only needs "probable cause" to search your car.

Once you are in court your attorney will debate the "probable cause" in the meantime you have been arrested if they find anything in your car.

Best solution is to be honest and don't carry contraband in your car and play by the rules. The LEO is looking for driving while impaired, drugs, guns and your and your passenger's identity for warrants..very simple.

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