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Just a friendly reminder


lord_casek

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Thought you guys could use this piece of advice.

 

 

http://www.popehat.com/2011/03/18/just-a-friendly-reminder-please-shut-the-hell-up/

 

 

 

Imagine this:

It’s a dark and gloomy six in the morning. You’ve just gotten out of bed. You are fuzzy-headed, bleary-eyed, badly in need of coffee. You haven’t showered or dressed. You’re in your underwear, or pajamas.

Suddenly there’s a thunderous pounding on the door, and loud men are shouting something at you. Your heart lurches and the adrenaline jolts you. You open the door, and there is a team of FBI agents, guns prominently displayed in holsters, raid jackets open. They are large and aggressive and unfriendly. They tell you they have a search warrant for your home and push past you. Two of them grab you, bodily turn you around, and handcuff you. They’ll say later they had to do that to secure the scene and assure agent safety, and that you totally weren’t in custody or anything.

Two agents take you outside to your driveway in your pajamas or underwear. At this point your neighbors are beginning to peek curiously out of their windows. The agents push you into the back seat of a G-ride — a late-model American made sedan that smells of air freshener and despair. The two agents sit on either side of you in the back seat; a third agent climbs into the front seat. You shift uncomfortably, trying to avoid sitting on your handcuffed hands. But there’s no way to get comfortable sitting in your underwear in the back of a G-ride with your hands cuffed behind you.

The agents begin to question you about your business dealings. They don’t read you your rights first — they’ll say later they didn’t have to, because you totally weren’t in custody, despite being handcuffed in the back of a G-ride in your underwear surrounded by FBI agents in raid jackets. The agents tag-team you, switch topics rapidly, play good-cop-bad-cop, and use every law enforcement rhetorical trick to intimidate you. We have some really serious questions here, they say. But if you just cooperate, maybe we can clear all of this up.

They start to ask questions about a meeting that took place two years ago. Were you at that meeting with Mr. Smith and Mr. Jones? You say no, no I wasn’t. Maybe you say it without thinking, agitated and confused and muddle-headed from the circumstances. Maybe you don’t have a clear memory of what happened two years ago. Maybe you panic and lie. The agents move on in their questioning.

After a few uncomfortable hours, the agents uncuff you, pull you out of the car, and hand you an incomplete, inaccurate, and illegible receipt purporting to state what they’ve taken. They haul off boxes of documents, disks, disk drives, and whatever else catches their fancy. They’ll see you soon, they say.

And, relatively speaking, they do. Six months later you are indicted. You’re indicted not only for whatever matter the FBI was investigating. As a kicker, you’re also indicted under 18 U.S.C. section 1001 for lying to the FBI. That’s a felony. Your lawyer reviews the discovery, and tells you that when the FBI agents asked you whether you were at that meeting two years ago with Mr. Smith and Mr. Jones, they already knew the answer to the question. Mr. Jones recorded the meeting and is cooperating with the FBI, and they had two other witnesses who placed you there. There was no chance whatsoever that your denial — whether it was a panic-induced brain fart, or a failure of memory, or a lie — could have misled or deterred the FBI in its investigation for even a moment. But that doesn’t matter. Though materiality is an element of Section 1001, it’s a weak, diluted type of materiality. Statements to the government are deemed material if they are the sort of statements that have the capacity to influence it. Courts have come very close to creating a presumption of materiality by reasoning that if the information were not material the government would not have asked for it and you wouldn’t have offered it. There was a time when most prosecutors thought it was chickenshit to charge someone with a felony for an exculpatory denial of wrongdoing that never fooled anyone; that time is in the past.

So. By failing to shut the fuck up, you have just handed the feds a gimme felony charge that will make your case much more difficult to defend.

When the authorities ask you questions, they are not out to “clear this thing up so we can let you go.” They are not your friends. They do not want to help. They are very likely not trying to learn anything or discover anything. They are trying to make, or improve, a case against you. They are hoping that you will fall into their trap. They may be trying to make a weak case strong or turn a lesser charge into a greater one.

Is there ever a situation where, by being friendly and cooperative and answering questions, you can deflect government suspicion or satisfy their concerns without charges? Yes. Very rarely, there is. And when the government comes knocking, they count on you grasping at the hope that this is one of those times. Don’t be a fool. If there’s a chance that cooperation will satisfy the authorities today, there will still be a chance in a day or a week or a month after you’ve consulted a lawyer who understands the situation. When you answer law enforcements’ questions — especially when you do it in a stressful situation like a search — you take grave risks of substantially worsening your situation. You may say, “oh, but I won’t lie.” Sure. But can you be sure, sitting cuffed in your underwear at six in the morning in that G-ride, that you will remember events from years ago accurately? Are you sure you won’t be confused and muddled under the circumstances? Are you sure that the government won’t — fueled by claims by cooperators — believe that you’ve lied? Do you really think that if you misremember or mix up events in your head or if your memory is different than the story of a cooperator, that the government is going to give you the benefit of the doubt?

Don’t be a fool. Invoke. For God’s sake, just shut up.

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yes yes yes yes yes.

 

 

when they say "anything you say CAN and WILL be used against you" you better fucking believe they mean it. dont tell them anything they can take out of context to make you look like a bafoon, or a guilty person. even if you are indeed completely innocent, its not worth talking to them. they dont decide who is right or wrong, they are only there to see if they have enough propable cause to arrest you. whether they are right or not about the arrest is up for the courts to decide. if you are ever caught up, the only words you should be uttering is your name and the name of your lawyer.

 

 

im not saying that cops are out to get you, but if they are knocking at your door, they are probably out to get you..

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yes yes yes yes yes.

 

 

when they say "anything you say CAN and WILL be used against you" you better fucking believe they mean it. dont tell them anything they can take out of context to make you look like a bafoon, or a guilty person. even if you are indeed completely innocent, its not worth talking to them. they dont decide who is right or wrong, they are only there to see if they have enough propable cause to arrest you. whether they are right or not about the arrest is up for the courts to decide. if you are ever caught up, the only words you should be uttering is your name and the name of your lawyer.

 

 

im not saying that cops are out to get you, but if they are knocking at your door, they are probably out to get you..

 

 

 

I'll tell you guys something that I very rarely say in real life or online. I used to get the stares from cops while walking, harassed for skating, followed while driving (I'm talking cops right up on my bumper to try and spook me or whatever), etc. when I was a youngster.

 

I wore baggy clothes, acted kinda like a hoodlum (nothing too fucked up, but I was a skater and a writer. you know the deal), and was generally getting pestered by the police weekly if not daily.

 

It wasn't until I grew up that I realized a few things:

 

1) if you act mature, you get treated with a lot more respect

2) the way you dress and carry yourself has a lot to do with how people look at you

3) if you act like what you're doing is what you're supposed to be doing, you hardly get noticed.

 

Once I became a full fledged adult and started practicing these things on the daily, no more cops, no more weird stares, no more bullshit. Now I live the quiet life of an adult

and haven't had a bad encounter with the police since I was younger. I barely get noticed.

Just another guy doing his thing.

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"GOOD MORNING! My name is Investigator Holmes. Do you mind answering a few simple questions?" If you go to your door one day and are greeted with these words, STOP AND THINK! Whether it is the local Police or the F.B.I. at your door, you have certain legal rights of which you ought to be aware before you proceed any further.

 

In the first place, when the law enforcement authorities come to see you, there are NO "simple questions". Unless they are investigating a traffic accident, you can be sure that they want information about somebody. And that somebody may be you!

 

Rule number one to remember when confronted by the authorities is that there is NO law requiring you to talk to the Police, the F.B.I., or a representative of any other investigative agency. Even the simplest questions may be loaded and the seemingly harmless bits of information which you volunteer may later become vital links in a chain of circumstantial evidence against you or a friend.

 

DO NOT INVITE THE INVESTIGATOR INTO YOUR HOME!

 

Such an invitation not only gives him the opportunity to look around for clues to your lifestyle, friends, reading material, etc; but also tends to prolong the conversation. And the longer the conversation, the more chance there is for a skilled Investigator to find out what he wants to know. Never open your door to an Officer. They can shove their way in. Don't open your door with the chain-lock on, either. Police are known to kick in doors. I should add, that when you let a Police Officer into your house, then he is automatically authorized to do a weapons search (supposedly for his own protection) and this can lead to all kinds of problems!

 

Many times a Police Officer will ask you to accompany him to the Police Station to answer a few questions. Often, the authorities simply want to photograph a person for identification purposes, a procedure which is easily accomplished by placing him in a private room with a two-way mirror, asking him a few simple questions, and then releasing him. NEVER agree to go to the Police Station. Simply say, "I have nothing to say."

 

If the Investigator becomes angry at your failure to cooperate and threatens you with arrest ... STAND FIRM. He can't legally place you under arrest or enter your home without a warrant signed by a Judge. (There are exceptions to this however, as in instances where he has witnessed you commit a crime, and there are times, too, where he can enter without showing a warrant up front, known as a 'no knock' entry.) However, if he indicates that he has such a warrant, ask to see it. We've heard of Cops waving a piece of paper around, claiming it was a warrant. A person under arrest or located on the premises to be searched, generally must be shown a warrant if he requests it, and must be given a chance to read it.

 

Without a warrant, an Officer depends solely upon your helpfulness to obtain the information he wants. So, unless you are quite sure of yourself, don't be helpful. (Note: Don't fool yourself into thinking you can talk or lie your way out of the situation. Don't be smug and think, "All Cops are stupid" and you can pull a 'fast one.' Most Police are smart individuals, they're good at what they do, and the only thing you will do is talk yourself into jail.)

 

Remember, talk is cheap! But when it involves law enforcement authorities, it may cost you, or someone close to you, dearly. Remember the 5 words -- "I HAVE NOTHING TO SAY." It has worked for us many, MANY times. And it will work for you!

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Another good piece of advice for when you're in your car and are asked to step out, lock your fucking doors. Make sure the other passengers do the same when they are asked to exit. Exit, lock door, close door.

 

Always be respectful to the officer(s). yes sir, no sir. It will get you a lot further than "fuck you, pig!" Remember, these guys generally aren't out to "get you". They are doing a job that really sucks. They like to see hands. They don't like quick movements. They like being treated with kindness and respect (for the most part. there are some douchebags out there).

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flexyourrights.org is a good place to visit. it has alot of info on your civil rights and how to use them.

 

 

while i agree with you that most cops arent out to get you per se but they still shouldnt be trusted,no matter how friendly they are.but yeah.definitely be respectful but not to the point of being a kiss ass.it helps to be respectful.getting them to laugh helps alot in diffusing a situation before their is one.i learned from my mistakes. i tried to lie to a cop in an interview and it ended up biting me in the ass and i ended up spending time in jail. i got hauled in to the police officer post at highschool i think it was my senior year(or what would have been lol) and they said "we want to talk to you about the graffiti that has happened in the school lately" and i flat out said i have nothing to say and did not want to talk...and that was it.i was sent out of the room and wasnt pestered about it.i knew who was doing it,but its no use in lying.just easier to say "i dont want to get involved" and leave it at that.

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flexyourrights.org is a good place to visit. it has alot of info on your civil rights and how to use them.

 

 

while i agree with you that most cops arent out to get you per se but they still shouldnt be trusted,no matter how friendly they are.but yeah.definitely be respectful but not to the point of being a kiss ass.it helps to be respectful.getting them to laugh helps alot in diffusing a situation before their is one.i learned from my mistakes. i tried to lie to a cop in an interview and it ended up biting me in the ass and i ended up spending time in jail. i got hauled in to the police officer post at highschool i think it was my senior year(or what would have been lol) and they said "we want to talk to you about the graffiti that has happened in the school lately" and i flat out said i have nothing to say and did not want to talk...and that was it.i was sent out of the room and wasnt pestered about it.i knew who was doing it,but its no use in lying.just easier to say "i dont want to get involved" and leave it at that.

 

 

Very true. Police go through training to use psychological trickery on people. They are taught all kinds of interesting "mind games" to get one to slip with the belief that "all criminals want to confess to their crimes".

 

As you said, don't kiss their asses. They are suspicious as fuck of people who do that shit.

It's an Eddie Haskell type deal. No one believes Eddie. He's a kiss ass and a douche.

(if you don't know who that is, youtube is your friend)

 

Remember this: out on the streets, cops patrolling are taught to look at everyone as though they might be up to something. Nervousness is a giveaway, style of dress, booming bass, pimped out ride, too much flashy jewelry for your age are all signs to a cop that you may be up to no good.

 

Go people watching one day. See if you can spot a pot head, a crack head, a writer, a whore, unhappily married people, etc. They're all noticeable in their demeanor, dress,

etc, Then look for business guy, devote Christian, young father, etc. Practice acting like

normal guy/girl. Shoulders back, head up, make eye contact, smile/nod, etc. "I'm not doing anything wrong. I am supposed to be here"

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5 WORDS

 

Another good piece of advice for when you're in your car and are asked to step out, lock your fucking doors. Make sure the other passengers do the same when they are asked to exit. Exit, lock door, close door.

 

Always be respectful to the officer(s). yes sir, no sir. It will get you a lot further than "fuck you, pig!" Remember, these guys generally aren't out to "get you". They are doing a job that really sucks. They like to see hands. They don't like quick movements. They like being treated with kindness and respect (for the most part. there are some douchebags out there).

I HAVE NOTHING TO SAY
FIVE WORDS IN ACTION http://www.youtube.com/watch?v=cL_2lT8DojMtom metzger i don't agree about the racism but what he says is true
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I'll tell you guys something that I very rarely say in real life or online. I used to get the stares from cops while walking, harassed for skating, followed while driving (I'm talking cops right up on my bumper to try and spook me or whatever), etc. when I was a youngster.

 

I wore baggy clothes, acted kinda like a hoodlum (nothing too fucked up, but I was a skater and a writer. you know the deal), and was generally getting pestered by the police weekly if not daily.

 

It wasn't until I grew up that I realized a few things:

 

1) if you act mature, you get treated with a lot more respect

2) the way you dress and carry yourself has a lot to do with how people look at you

3) if you act like what you're doing is what you're supposed to be doing, you hardly get noticed.

 

Once I became a full fledged adult and started practicing these things on the daily, no more cops, no more weird stares, no more bullshit. Now I live the quiet life of an adult

and haven't had a bad encounter with the police since I was younger. I barely get noticed.

Just another guy doing his thing.

 

Truth.

 

Buy pants that actually fit, pull 'em up over your ass, ditch the backward fitted, and stop talking/walking around around like one of these plastic gangsters you see on TV... and then try and tell me you still get hassled

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