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Friday, July 31, 2009

How To Avoid Being Arrested

This is slight change of pace from what you may be used to. However, this is still in line with what Why Blue Matters is all about and just as thought provoking. Please read. This could prevent the unnecessary.
(Information provided by NBPA)

It Could Happen To You
  • What is your name?
  • Where do you live?
  • Have you got any identification?

These are very simple questions. They can be answered by anyone. But when a police officer asks these questions, it can cause a lot of problems both for the police officer and for YOU. Most of the time there is a reason why he is asking you such questions although it may seem to you that there isn't. He/She may be investigating a complaint phoned into the police by someone in the neighborhood. He/She may have been informed by police radio that there just has been an armed robbery. For one reason or another you may be the person he/she suspects. You may have knowledge that will help him in his/her investigation. Or may think that you are having trouble.

If You Are Stopped By The Police In Your Car

If you are driving a vehicle THE POLICE OFFICER CAN ASK YOU TO PULL OVER AT ANY TIME. You will probably be asked to produce your driver's license and registration of the vehicle. This you must do if he/she asks for them. The best thing to do in this situation is to pull over and sit tight. If you are stopped at night, turn on your dome light and show him nothing is wrong. It is best to do nothing that would give him/her a reason to search further. Having your light on and keeping your hands on the steering wheel will usually put his mind at ease. Then, when he asks you for your ID you can go about getting it.

Chances are that he is about to write you out a ticket for a traffic violation. Of course, you may start to explain at this point but that is as far as you should take it. Be careful about how you protest. He may start checking your whole car out for Vehicle Code Violations. It is unfortunate but true. A simple traffic violation stop may start costing you a fortune in fines for other violations. If you think that he gave you a bum ticket then carry your protest to Traffic Court.

If You Are Stopped By The Police On The Street

Most problems that you may have with the police can be avoided at the time they first stop and question you. Remember they think they have reason (Probable Cause) to stop you and ask you some questions.

At this point you should stop and get yourself together. Whether or not you are arrested may just depend on how calm and prepared you are at the time the officer asks questions.

There are many factors that a police officer will take into consideration when he is observing you and thinks you are up to no good. Every situation is different and he/she will consider the following factors:
  1. When you are running and a crime has just been reported in the area.
  2. If you are hanging around with some people who are under police investigation.
  3. You are near an area where a crime has just been reported.
  4. You are somewhere people have no reason to be at that time (day or night).
  5. You are acting in a way that appears to be very suspicious and act more suspicious when sighted.
  6. When he/she thinks that you have stolen property in your possession.
  7. He/She stops you walking on the street or driving in your car and you refuse to answer simple questions, give false or evasive answers or make contradicting statements.
  8. Someone has pointed you out to him/her.
  9. When you tell him/her that police are pigs or start bad-mouthing him/her.
While all these things are taken into consideration by the officer in determining whether he /she should stop you or ask more questions HE/SHE still respect your rights not to answer any question the minute the questions sound like you are being accused of anything.

If The Police Come Knocking At Your Door

If the police knock at your door and ask to come into your home you do not have to let them in unless they have a warrant that has been signed by a judge. If they do not have a warrant, ask for a copy of it first. IF IT IS AN ARREST WARRANT make sure that you look at the name on the warrant to make sure they have the right person. If it is a search warrant make sure it is for your specific address and note to see what is listed on the warrant to be searched for in your home. With this warrant, if it is proper on its face, you must step aside and let them into your home.

If the police do not have a warrant you may but DO NOT HAVE TO LET THEM IN unless they insist on coming in. Perhaps you can settle this matter at the door. If they do insist, over your objections then be careful to:
  1. Ask for a police badge.
  2. Ask them what their purpose is in coming into your house.
  3. Let them in only after they insist upon coming in.
  4. If you object then make sure you tell them you do not consent to any search of your home.
  5. Remember the badge numbers, what they look like and what time of day. Write it all down.
Whenever the police take any of your property they are REQUIRED TO GIVE YOU A WRITTEN RECEIPT for it. If the police don't offer you one then don't hesitate to ask them for it. They are not required to give you a receipt for property they intend to book as evidence such as stolen goods, guns, etc.

The police may also search without a warrant whenever they have arrested a person. They may search his/her person and the area close by where the arrest was made. If made in the home that means the room where the arrest was made.

They may also search after consent is given, so if you object be sure to make it clear that you do not agree to any kind of search. They may also search when there is an emergency (for example, someone is screaming for help inside your home or when they are chasing you or someone else into your home).

This should empower you to let you know that knowledge is power. The more you know, the more you're in control of. As much as they assume, black or white, guilty or innocent, you are now armed with the necessary tools to prevent a worse outcome. Your mastery of this information will put you 100 steps ahead of any ridiculous outlandish act from law enforcement. So again, empower yourself by memorizing this. Food for thought, comforting thoughts.

Knowledge is Power.

How Far Will You Go To Hustle For Your Dreams?


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