Flex your rights!

[Montanya]

Just FYI I know some people have seen the site but might not have ordered the DVD, youtube has the whole video here. Some of it may seem cheesy but with those of us that open carry or carry at all, we may at some point have an encounter with police and knowing your rights is never a bad idea.

http://www.youtube.com/watch?v=yqMjMPlXzdA BUSTED: The Citizen's Guide to Surviving Police Encounters

http://www.flexyourrights.org

[XD45]

on the first example, when the kid declines a search all the officer has to do is arrest him then he could search it anyhow, they shouldn't have used an arrestable offense on that.

[Montanya]

Originally Posted by XD45

on the first example, when the kid declines a search all the officer has to do is arrest him then he could search it anyhow, they shouldn't have used an arrestable offense on that.

I don't think even going 20mph over the speed limit is arrestable. It is still a traffic offense and not criminal. He's just trying to intimidate the kid into submitting. Some cops like to make you think they are your buddy or that they can arrest you if you con't cooperate.

[angus]

Originally Posted by Montanya

I don't think even going 20mph over the speed limit is arrestable. It is still a traffic offense and not criminal. He's just trying to intimidate the kid into submitting. Some cops like to make you think they are your buddy or that they can arrest you if you con't cooperate.

I don't know how it shakes out in PA law, but the SCOTUS says that LEO's can arrest for minor traffic violations. Check out Atwater vs City of Lago Vista some time.
http://www.law.cornell.edu/supct/html/99-1408.ZO.html

Sorry to resurrect an old thread, but I thought that people might want to be aware of that. I am not sure about PA law, and IANAL.

[MarcS]

Originally Posted by XD45

on the first example, when the kid declines a search all the officer has to do is arrest him then he could search it anyhow, they shouldn't have used an arrestable offense on that.

A) Police are allowed to lie to you

B) most police won't put themselves through hours of processing and paperwork just to be dicks.

C) If they're asking your permission to search, it's because they don;t have a good reason to do so without it.

[XD45]

Originally Posted by MarcS

A) Police are allowed to lie to you

B) most police won't put themselves through hours of processing and paperwork just to be dicks.

C) If they're asking your permission to search, it's because they don;t have a good reason to do so without it.

A- no bearing, everyone knows they like to play mind games. big whoop in the end they will do what they have to do

B- well thats the reason they would ask, because 95% of people say sure here ya go so why arrest them on something stupid just to release them with a summons later and give yourself the paperwork when you can just ask knowing they will most likley say yes.

C- Answer to B is the reason they would ask.

[Montanya]

Originally Posted by angus

I don't know how it shakes out in PA law, but the SCOTUS says that LEO's can arrest for minor traffic violations. Check out Atwater vs City of Lago Vista some time.
http://www.law.cornell.edu/supct/html/99-1408.ZO.html

Sorry to resurrect an old thread, but I thought that people might want to be aware of that. I am not sure about PA law, and IANAL.

I would think if they arrest you for something like speeding that does not give them probable cause to search your vehicle. What part of me speeding made you think I had drugs in my car? Where is the probable cause? I think any lawyer who passed the bar should be able to get that evidence tossed out.

[larrymeyer]

Originally Posted by Montanya

I would think if they arrest you for something like speeding that does not give them probable cause to search your vehicle. What part of me speeding made you think I had drugs in my car? Where is the probable cause? I think any lawyer who passed the bar should be able to get that evidence tossed out.

All he has to say is I believe I smelled MJ or alcohol in the car. And he has probable cause to search. Or to get a search warrent

[Montanya]

Originally Posted by larrymeyer

All he has to say is I believe I smelled MJ or alcohol in the car. And he has probable cause to search. Or to get a search warrent

That was one of the good suggestions in the flex your rights video that when the officer comes up to the window open the window wide enough to hand him your paperwork and to talk. If you get out of the car at his request, wind up the windows and lock the door. That makes it really hard for him to say he smelled anything if it ends up going to court.

[sjl127]

great video, funded by a bunch of pot activists, though (MPP Foundation).