Wednesday, July 12, 2017

STOPPED BY POLICE IN AMERICA? ... Tips for GAIN in the GAME ... and to Avoid PAIN when being DETAINED ... The "NO Fight or NO Flight" Edition ... (POLICE BRUTALITY PT.29)- (CITATION VIOLATION NATION PT.14)

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This posting will serve the "Police Brutality" and "Citation Violation Nation" series of this journal/ blog. It will focus on what to do if you are pulled over by police, detained, etc, for criminal and citation type stops, offenses and questioning, armed or unarmed on foot or in a vehicle ... instead of highlighting one specific case and individual. Texas you can carry a gun in your motor vehicle or watercraft WITHOUT a gun carry permit (SmartGunLaws). The reason for the post is because of the current tensions, excessive force, deaths, and those I've talked to here in my community and neighbourhood, several that are young people that are not that well informed on law or their rights who asked me a few questions, etc. Another reason, is because I seen a growing amount of videos on YouTube for example that are advocating for especially young people to take more of a "libertarian" or "sovereign citizen" type approach when dealing with police that stopped you in a vehicle or on foot it seemed to me, which I DO NOT recommend, that is not wisest, especially in urban America. But I'll explain that when I add my part after the 2 videos below and link to read as far as a safer approach ... the NOLO link is very importante to read too. You may think that it's a shame that we would have to know all this in a country that prides itself on things like freedom, democracy, justice, and innocent until proven guilty ... but understand ... this is the current reality in America, and tensions between citizens and law enforcement agencies are increasing like never before in my lifetime (I'm age 61). Until you have legislators (politicians) state, federal and the courts change use of force policies (deadly and otherwise) and officers training in this country, and actual justice/ convictions for the few bad cops served ... we will have many more dead citizens and officers, and maybe even a few politicians. What you know and how you deal with these things on the street right now can save lives, deescalate tensions, miseries, and injuries to the citizen and the officer. I chose these 3 pieces below out of many, because I feel they are the most balanced and hopefully helpful advice.

What to do if you get pulled over by police ... Thanx to Business Insider

***** NOLO: Police Stops: What to Do If You Are Pulled Over | What you do and say during a traffic stop can be big ... (legal advice)

How Philando Castile could have informed Officer Yanez he was carrying a handgun and live! ... Thanx to Luke Soderling





Thomas Hudson Pickering/ Ranch Chimp

Some video I seen on YouTube giving advice on what to do when stopped or detained is straight up dumb and an invitation to escalate tensions or even get an asswhipping if you run across the wrong cop. I also hear from folks all the time, that "profiling" (usually in the case of race) is illegal ... sure, it's law on paper, but dont count on that ... that is basically only good in the court for defense ... dont mean shit on the street. I dont see how you can even survive long on the street whether you are a cop or a criminal without profiling ... like even an animal in the jungle or forest needs to profile to survive. A cop is alwayz profiling on the street, what a person wears/ how they dress, their tattoos, personal hygiene, their walk, their driving, the vehicle and condition of the vehicle, if the vehicle is in compliance, etc. Look at it like any other 8 to 5 job/ occupation with job requirements and responsibilities ... their job is to enforce laws, serve the public and to keep the peace. Sure, it is good to know and exercise your rights, but sometimes it's better to exercise them in the court ... I mean, I exercise every right I can. I see folks in the heat of the moment start yelling at cops that they have rights and know their rights, etc, etc ... that dont even know their rights off hand if the cop were to ask them ... know your rights before you jump with them, be polite as possible, and dont volunteer information you dont need to. A teen (Santos) I know here in the neighbourhood told me that a cop cant do this or that because of your rights. I asked Santos what the 4th Amendment was, he didnt know, I then asked him for the 5th, 3rd, he didnt know ... I asked him if he knew the "Our Father" or "Hail Mary" prayer? (knowing he's from a catholic latino familia and looking at the gold cross on a gold chain around his neck) ... he looked confused and said he knows the prayers ... I told him to learn the Bill of Rights first up, it will do you more good as far as law and liberties than any prayer. Even if a cop is a little on the edge and had a bad day or whatever, dont try to feed it or push the cop. If you dont get your rights right there, let it ride and chill ... use them in court or any legal proceedings later that you pursue. Do not run your mouth about ... "I'm gonna sue you!", "do this or that!" etc ... get released from the detainment situation, then if you have legal grounds and reason ... act on them ASAP, not talk ... dont let the cop see you coming or threaten them talking about what you will do, just do it ... later.

When you are being pulled over or just stopped on the street walking to be questioned, you are usually by yourself, or with a friend or two ... understand, it is not like at a public gathering, demonstration/ protest where cops have that crowd control detail with dozens or hundreds of witnesses around ... the detail (job duties) of the cop is different. Stop at the officer's request as soon as you can, if night and you can find a more lighted area, or an area with people even better. Face the officer eye to eye when talking, dont keep looking away, the cop will sense you are trying to hide something. Relax and try not to be nervous, if you're nervous, a cop can make that quicker than anyone from experience ... and if you are nervous, that makes the cop nervous. Answer questions the best you can with as little words as you can ... the objective is to satisfy the officer's questioning and to move on ASAP, so that the officer can get on to doing his/ her job and finishing up their shift, and you to get on with what you need to do ... DO NOT waste the officers time ... and most importantly, DO NOT waste your time. One of the most importante things also if in a vehicle, is making sure your hands are visible to the officer at all times, as I was explaining to a couple neighbours the other day, both about 20 years old (Gabriel and his buddy Miguel) who asked me why is that so importante if you are in your vehicle, being your vehicle is your property? You are out on the public street in that vehicle, and it doesnt matter if on the street or with officers in your own home for that matter, when an officer is at a call or stop and there is question as to violation of any laws, he has to see what a person is doing with their hands, it's for not only the officers safety as far as weapons, but importantly for your safety too. Do not have your hands in your pockets, or especially in the back of your waist/ pants, leave them at ease at your side. Many folks try to act casual when standing, putting their hand or thumb on/ in their pocket to use their fingers to try to slip out illegal drugs while talking to the officer and flick them away, looking the officer eye to eye and talking to distract them ... the cop knows this better than you, and knows most the tricks for that matter, what they dont know that may be a new trick, they get briefed on in a later roll call. Never use the same trick repetitiously (over and over), or tricks you hear about in street or jailhouse talk, you will get made ... at least be creative. If you have pending warrants, assume/ expect that they already know when they either ran your tags, or when they run your ID/ license ... accept you got busted and utilize the courts and laws, dont contest the cops on the spot ... the officer is not a court.

In some cases regardless of what any law sayz which varies from state to state, county to county, etc ... assume that a cop will search you and alwayz expect it if you are in a high crime area, driving late night from a nightclub or even from work. Most people will not question a search, and the cops know this, is why they flex search methods and standards, but you do not have to consent to it. There is a chance depending on the kind of suspicion of the officer and if the officer feels probable cause, that they will also call in other officers/ units or even K-9 (dog) to search or back them. You can protest it ... but if they have cause they'll proceed, dont volunteer info pertaining to it, besides your verbal decline that once and chill. If you're lucky and have witnesses or recording, etc of rights violations in question ... take care of it later. You can ask the officer if you're free to go, they will let you know. If you have LEGAL prescription drugs on you or vehicle anywhere in America, they MUST be in the script bottle with your ID/ license matching name on bottle/ package ... if not they will make the bust/ charge you, and you will have to go to jail, make bond, and prove it in a court at a later date that they're legal. Cell phone searches, it's a hit and miss thing and depends on the stop and cop, one court sayz one thing, another court something else. When  arrested/ detained under suspicion of a crime, they will most likely search it ... if you get taken in to jail, they are almost certain to look at it when checking in your property as well as going through everything you have thoroughly from your hat down to your shoes, expect it ... dont get the red-ass (angry). If the stop is suspicion of drug transactions such as in a known drug area ... they will search your phone immediately hoping to score on messages you sent or received, they cross check names on their lists and codes used for delivery/ transport they got from other busts. That is why so many dealing in dope use throwaway no contract phones, flip phones, etc, and delete everything right after they used it, and they keep their smart phones out of it and separate from their deal phone ... if they are "smart" themselves. Cops learn just as much shit now from searching phones, than what they can get from a computer check/ run in their unit ... be aware of this, and what you store and do on your phone, and the type of phone that you use for what.

Recently another young man here in Dallas (Felix) who is 16 and on summer break from school and just got his drivers license ... asked me since we have marijuana laws in Dallas (and that is Dallas County ONLY in the DFW Metroplex) that allow you to have up to a quarter pound of marijuana without being charged/ arrested, can he and his girlfriend just sit in the car parked and chill, smoke a joint, etc? Felix said he dont like to smoke at home, because his dad aint cool with it, and worries that if he did, his dad may be questioned, or it may get his dad in trouble because his dad dont have papers (from Mexico). My advice is this, regardless of the law to have up to 4 ounces, etc ... still try to keep any public smoking of pot on the low if you can, cops look at parked cars and even run tags, lots of abandoned stolen cars and car break- ins. If Felix happens to be questioned by a passing officer who may be just passing making rounds randomly and the officer spots Felix and his girlfriend, he could stop and question them, even if the car is not running. Felix being 16, means the cop can insist on contacting his parent(s) ... therefore this would bring contact with his dad and the officer anywayz ... try to keep it on the low. You also dont want to take any chances on losing your license right after you just got it. Also, these states that have recreational marijuana legalized ... be aware that there are already tests that they can give drivers to read marijuana THC levels, or other drugs like meth, cocaine, or even legal opiates in your system on the spot ... San Diego (CA) and other states/ cities are currently using this one (San Diego Union- Tribune), and you should have expected this ... I mean, once they legalize recreational pot, they are going to be testing left and right to see if you have it in you, and have a list of other violations to get you on. In Texas you CANNOT buy marijuana legally, starting September 1st of this year, you will be able to get medicinal marijuana with low THC levels only legally with heavy restrictions (KSAT/ San Antonio). When it comes to suspicion of drunk driving in Dallas, people say you can refuse the test and/ or breathalyzer ... sure you can, but if you do, they can also take your license on the spot and detain you to take you in for a blood test, so my advice is to take the Field Sobriety Test (FindLaw) ... a better chance of passing that than a blood test if you're sharp.

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When/ if you are informed that you are arrested, there is a chance they wont read your Miranda rights to you there if it's a low level felony or misdemeanor, you can request that they give them to you verbally ... when it comes to the "waiver part", I suggest that you say that you "heard" the rights ... however, dont say you "understand" the rights, and that you need counsel before you can say anything else ... you will also receive more rights from a judge after booking at your court arraignment. Another thing, cops will use all kinds of talk to try to get you to talk more or consent, as the classic ... "if you're not guilty or have anything to hide" pitch, or "admit and tell the truth and I'll be straight with you" pitch ... NEVER admit to a crime without counsel, and court/ DA deal. DO NOT fall for it, unless you actually feel you need to talk or feel if you do they may cut you some slack on charges, there is so many trick lines they use, too many to list here ... but if you dont know your shit, dont go there. Feel free to simply remain silent and politely say you're sorry and cannot talk any further. When getting handcuffed, it is most importante to let your arms relax and do exactly what the officer sayz when applying them, the officer will move your arms the way he needs to, leave them totally relaxed. Twisting your arm in discomfort can make it worse, or can be mistaken for resisting, and can result in another charge, if it hurts or too tight, simply inform the officer, and they will usually be easier ... do not resist at that point, some resistance can technically fall into assault category towards an officer ... look at it like using coupons at the supermarket, they have many laws (coupons) and their codes memorized, and will use all they can making an arrest. Do not fight or go into flight and try to run, chances of getting away are very slim, they have more tools and units to apprehend than you have wayz to get away ... take your fall, shut up, and take care of it later in the courts with counsel ... then you lay what you need on them later. Dont fall for the talk that they will make it easier on you in court if you talk, the cops have nothing to do with the courts unless they are summoned to the trial phase, anymore than the courts have anything to do with the prison/ jail you're sent to and their rules, or the rules of the probation/ parole departments, they all do their separate work and pass one to the other ... you're simply on like an assembly line, and can deal with each individually, use "your tools and rights wisely" and deal with all agencies individually. A closing video below with some humour from comedian/ actor Chris Rock, funny, but truth.

Word Out ....

Chris Rock- How not to get your ass kicked by the police! ... Thanx to InsaneNutter


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***** RCJ MUSIC/ ART'S HONOUR ROLL SOCIETY (my hand- selected music/ arts picks)


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