** i did not search so stfu if u already seen it




i recommend everyone to read this




It is reasonable and legal for a cop to approach you and ask you questions. Cops on patrol and beat cops (cops walking a foot path) can stop you in what’s called a “terry stop.†Cops do these sorts of stop when someone “looks funny†(reasonable suspicion) – if you swerve when you drive or look out of place in some way when on foot (yes, some times this involves discrimination) the cop can stop you.


HOW TO DEAL WITH A TERRY STOP:

Part 1: Questioning and interrogation.

During a terry stop the cop can ask you anything he wants such as:

“Where are you going?â€
“Where are you coming from?â€
“Where do you work?â€
“What school do you go to?â€

Even if the cop seems friendly or like he’s making idle chat he’s not. He’s actually interrogating you and it’s something they are trained to do. By asking these and other questions the cop is hoping that you’ll slip up and volunteer some sort of information which he can further use to question and ultimately build reasonable suspicion.

For instance, if you tell the cop that you’ve just came from a party at a friend’s apartment not only have you opened yourself up to further questioning (“How much did you have to drink at your friend’s party?â€) you’ve also just implemented other people.

Other lines of questioning may assist the cop in running a background check on you. Again – if you have warrants out for your arrest or prior convictions on your record this will bring the cop closer to cuffing you and hauling you off.

You can not be arrested simply for not identifying yourself – but IF the cop is able to establish reasonable suspicion that you’ve committed a crime (you’re drunk, there is fresh vandalism nearby, etc) he can haul you in and hold you until you’ve been identified and possibly charged.

It’s best to simply provide the cop with your name and address (verbally). You do not have to produce any ID (unless you were stopped while driving) or give the cop other information such as your social security number.

More on what to say to a cop below.



Part 2: Searches.

During a terry stop the cop may only search your person (pat you down, frisk you) if he feels that you may pose a threat to him. This search is ONLY on the outside of your clothes supposed to be for weapons. For instance, the cop can pat you down and “feel†an object in your pocket, but unless it feels like the barrel of a gun or the handle of a knife he cannot empty your pockets. He’s not even allowed to remove items from your pockets that do not feel like weapons. (Course, this is a moot point – obviously if the cop “feels drugs†or whatever he’s going to pull them out and charge you – but it will stand up in court that the cop did not have reasonable suspicion to search your FOR drugs and your lawyer can pressure the judge to throw the case out.)

If you’re calm, polite and appear to have your senses about you the cop isn’t not constitutionally allowed to search you.

NEVER submit to any search from a police officer. Sometimes when you’ve been pulled over in your car or are stopped on the street the cops will ask, “May I search your car,†or “Would you submit to a search?†No matter how innocent or drug and weapon free you might be, ALWAYS decline a cop search. The cop may become hostile. He may something like, “What have you got to hide?†Stick by your guns and don’t let him wear you down into submitting to a search (they will try several times to talk you into it.)

Trust me – if the cop has even the slightest reason (probable cause) to search you HE WILL. If he asks to search first it’s because he’s trying to get you to relinquish your rights in the hopes that he will find something with which to incriminate you with. When they ask, that means they have nothing to go on. Asking to search you is their last straw at finding some reason to arrest you.


Part 3: Exercise your rights.

During a terry stop a cop cannot detain you for more than a reasonable amount of time for him to establish suspicion of a crime.

Obviously the circumstances weigh heavily on what is a reasonable amount of time. For instance if you’re at the scene of a shooting or some other serious crime then it’s reasonable for the police to hold you until they are able to ascertain that you had nothing to do with the crime. In this case the balance of suspicion falls in their favor. If you’re just walking down the street, minding your own business a cop has a much smaller window of time in which to stop and talk to you before allowing you to move on.

Be polite. Be firm.

If you are approached by a cop and asked to identify yourself, state very firmly, but politely that you are in a hurry and do not have time to talk with them. If he persists in wanting you identify yourself then comply by showing him your id or telling him your name and address (your not required to produce ID unless driving a car).

If he tries to ask you questions (such as where you’re going, etc) reiterate that you are in a hurry and do not have time to speak with him. Say, “I’m sorry officer, but I really must be on my way.â€

If the cop tries to keep interacting with you (asking questions, sizing you up) ask him if you are under arrest. Asking a cop if you’re under arrest is the MOST legitimate question you can ask the cop. It’s your right to know what your “status†is when interacting with the police and they are required to inform you. (This is why they announce when they are placing you under arrest and read you your Miranda rights.)

The cop may come back with some question or comment of his own like, “Do you think I should arrest you,†or, “How would you like me to arrest you?†Ignore his comments and ask again, “Officer you did not answer my question: Am I under arrest?â€

The cop will have to admit that you are not in fact under arrest – this is when you ask the cop if you’re free to go. Continue to ignore the cop’s questions and ask if you’re free to go until he eases up and agrees that you’re free to go.

It’s also effective to ask the cop if he has observed you doing anything wrong. If he admits that he didn’t see you break any laws then you’re free to go.

Ultimately interacting with cops is about defending your rights. So many people never know how to address cops and wind up incriminating themselves and others.

FWIW, don’t be cocky and say something like, “I know my rights!†Trust me – the cop is going to know your rights way better than you will (he’s trained to nullify your rights) and you’ll just piss him off.

The cop isn’t required to let you know your rights until you are placed under arrest (This is when you’re read your Miranda rights and told that anything you say can and will be used against you.) By knowing exactly what you’re required to say to the cop as he’s doing his “terry stop†you can better defend your rights.

A cop is always less likely (and able) to mess with those people who exercise their rights when interacting with them. If the cop sees that you’re not a push over and that you’re just trying to look after your rights (rather than be standoffish) he’ll let you go on your way.

The ACLU has more information about interacting with cops here:
http://www.csuchico.edu/pot/bustcard.html