Time: Mon Aug 11 19:35:57 1997 by usr08.primenet.com (8.8.5/8.8.5) with SMTP id RAA13906; Mon, 11 Aug 1997 17:26:43 -0700 (MST) Date: Mon, 11 Aug 1997 17:25:37 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: Just say NO to the Police (fwd) <snip> > >--------------------- Forwarded Message --------------------- >From: Shirley Friar (Dixie Rose), >Editor/Publisher ><whtruths@memphisonline.com> > >We Hold These Truths [http://www.vdim.com] > >The following article is from a leaflet that has been distributed by the >Libertarian Party in New Jersey. Written by an attorney, it deals with the >subject of talking to police or other government agents. > > ************************************************************* > **** DON'T TALK TO COPS **** > ************************************************************* > >By ROBERT W. ZEUNER, Member of the New York State Bar > >"GOOD MORNING! My name is investigator Holmes. Do you mind answering a few >simple questions?" If you open your door one day and are greeted with those >words, stop and think! Whether it is the local police or the FBI 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 require you to talk with the police, the FBI, or the 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. > >Many times a police officer will ask you to accompany him to the police >station to answer a few questions. In that case, simply thank him for the >invitation and indicate that you are not disposed to accept it at that time. >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 at the station, asking him a few innocent >questions, and then releasing him. > >If the investigator becomes angry at your failure to cooperate and threatens >you with arrest, stand firm. He cannot legally place you under arrest or >enter your home without a warrant signed by a judge. If he indicates that he >has such a warrant, ask to see it. A person under arrest or located on >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. > >Probably the wisest approach to take to a persistent investigator is simply >to say: "I'm quite busy now. If you have any questions that you feel I can >answer, I'd be happy to listen to them in my lawyer's office. Goodbye!" Talk >is cheap. But when that talk involves the law enforcement authorities, it may >cost you, or someone close to you, dearly. > >P.S. "This leaflet has been printed as a public service by individuals >concerned with the growing role of authoritarianism and police power in our >society. Please feel free to copy or republish." > <snip> ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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