Legal Question: Do "Rights cards" actually "work"?

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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?

 
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.
 
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.
 
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....
 
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.
 
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.
 
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".
 
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.”
 
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.
 
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
 
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.
 
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Originally Posted By: 5AcresAndAFool
Drunk Driving Enthusiasts



lol.gif
 
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.
 
Those cards are for idiots. As I police officer, I was handed similar cards on occasion. I would say on average I ticketed about 10% of the cars I stopped, but everyone that hands me a card like that gets SEVERAL citations and a full complimentary vehicle inspection to include checking the tint with a tint meter, the tire tread left on the tires, and all the running and brake lights. Also a call to the insurance company to verify that the coverage is still in effect, because 90% of the folks that hand out these cards honestly dont have a valid insurance policy either.

Basically, they are a full proof way to draw unwanted attention to yourself. Traffic stops are simple. Be polite, smile, "How are you doing officer", have a nice day, and definitely dont argue on the side of the road, etc.

As to the card and the "right to a lawyer without delay", that is a nice fantasy, but not in practice. In almost every jurisdiction in America, you can call a lawyer once you are processed into jail, but dont expect a phone call in the early stages of an investigation, or while handcuffed, or while in the back of a cop car, or while in the initial jail holding cell, or in the early stages of jail booking. Once all the administrative functions are completed, you can usually call a lawyer. Basically if you are in the free to go arena (am I being detained), you can call a lawyer.
 
Originally Posted By: DB_Cooper




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.





Ding! Ding! Ding!

Winner!

Most Police officers are just trying to do their job and they dont make the laws, just enforce them.

It is illegal to drive around with a bale of weed in your vehicle. The officer is enforcing the law, its not up to them to decide which laws they want to enforce.

I haven't been pulled over since 2005, and the reason I did then is because I broke a traffic law. I treated the officer with respect and he let me go with a warning. I made no excuses. I broke the law.

I haven't been pulled over since then in great part because I dont drive like an idiot anymore.
 
Originally Posted By: bubbatime
Those cards are for idiots. As I police officer, I was handed similar cards on occasion. I would say on average I ticketed about 10% of the cars I stopped, but everyone that hands me a card like that gets SEVERAL citations and a full complimentary vehicle inspection to include checking the tint with a tint meter, the tire tread left on the tires, and all the running and brake lights. Also a call to the insurance company to verify that the coverage is still in effect, because 90% of the folks that hand out these cards honestly dont have a valid insurance policy either.

Basically, they are a full proof way to draw unwanted attention to yourself. Traffic stops are simple. Be polite, smile, "How are you doing officer", have a nice day, and definitely dont argue on the side of the road, etc.

As to the card and the "right to a lawyer without delay", that is a nice fantasy, but not in practice. In almost every jurisdiction in America, you can call a lawyer once you are processed into jail, but dont expect a phone call in the early stages of an investigation, or while handcuffed, or while in the back of a cop car, or while in the initial jail holding cell, or in the early stages of jail booking. Once all the administrative functions are completed, you can usually call a lawyer.


Bubba,

Don't forget about the 'minority card' lots of people use and try to say cops are going out of their way to give them a hard time.
smirk.gif
 
Originally Posted By: spasm3
Originally Posted By: 5AcresAndAFool
Drunk Driving Enthusiasts



lol.gif



Around here many people still dont understand that alcohol impairs your ability to drive. Its a game to them almost to the point that its a sport to them, and it will be continue to be until the punishment becomes severe enough to make people take notice.

These drunks crash and kill someones family and then its the same old story "I didn't mean too, I have a family to support...ect.. What about ME!?" A few years in jail for murdering a family is a slap on the wrist in my book.

Should have thought about that before you drove impaired.
 
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Originally Posted By: 5AcresAndAFool
I always thought those cards were mainly for use by Drunk Driving Enthusiasts


lol.gif
Thanks for a good laugh.
 
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