I was going to post this as a comment, but it was in an anarchism community, and I figured some sections of it might be unacceptable there. Hence, new post.
Here's a guideline of how to interact with cops. There are more or less three modes, depending on your read of the situation. Cops are not always the enemy or the maniacal whole-job-is-making-evil thugs that Lemmy sometimes makes them out to be. It really is bad for people to get mugged or their cars broken into, and they're the solution our society has come up with to minimize the amount of it that happens. It's not always a bad thing.
If you find yourself talking to the cops, there are more or less three ways:
- They're there to solve a real problem. Someone's car got broken into, someone got beat up. Just talk with them. Tell them what you know, help them figure out the situation. In almost all of the US, their effect on the problem will be positive, and it'll be a lot more positive if they have a good grasp of what happened. If, in your opinion, the person they're trying to catch really did do something that warrants a law enforcement response, then give them a hand. Use your judgement as to whether that's warranted of course, and your impression of the justice level in your local area, since it varies quite a lot in the US.
- They're there for you. Shut the fuck up. Don't say a goddamned word. It doesn't even matter if you didn't do it. Don't explain. Shut the fuck up. Be polite, obey lawful orders, definitely don't fight them or you'll get a felony and might also get injured or worse, but tell them that if you're suspected of a crime, then you'd like to talk to a lawyer, and you have nothing else to say. And then, shut the fuck up and cooperate. Maybe you want to go as far as "Were you shoplifting?" "What? No. That wasn't me, man." But any further explanation than that, just leave it alone. Definitely don't make something up on the spot, to make yourself sound innocent, if you did do it. For the love of God, don't do that.
- They're there for someone who didn't do anything wrong. The reason for this post is, anything and everything with ICE and immigration falls into this category. Some things with local cops will, also. Just be unhelpful and simple. No, I didn't see anything. I don't know. I'm not sure. Be vague. Don't get creative, keep it simple, don't refuse to give your ID or otherwise antagonize them or commit minor crimes of obstruction, but just do your best imitation of someone who just fell from the sky. "So you've NEVER MET your neighbor. Your neighbor across the hall." "Nope." "Are you sure?" "Yeah, I don't know." "I mean, she gave us your name, she said she'd talked to you." "I don't know, I don't remember that." Don't embellish. Don't explain why. Just calmly let the silence linger and the pressure build up, without adding extra words.
Like I said, everything with ICE or other immigration authorities falls into the third category. No exceptions. Everything. The same applies with any type of federal law enforcement, I suspect, for the next few years.
Wrong.
Don't tell the cops "I don't know" or "I didn't see anything," or anything of that ilk. Don't try to plead innocence. Don't try to use logic. It will only ever work against you, and it will never work in your favor. Always always always always.
Just tell them you exercise your right to be silent. Over and over again, if necessary. That is all you say. Be a broken record. There is no situation where you are actually obligated (in the US) to answer any type of questions for any type of law enforcement, at any time, for any reason, ever. That's all you need to tell them. You don't answer questions. You don't answer why you don't answer questions.
This is because you can also be prosecuted for lying to them, and their grounds for accusing you of lying can be pretty shaky but you still might get convicted. You can't be prosecuted for saying nothing.
Note that this will not prevent them from lying to you, which is legal, and making spurious threats of arrest or similar to attempt to intimidate you into complying. Be aware that this is automatically bullshit. At worst the can hold you for up to 48 hours (-ish, state laws vary on that point somewhat) without charging you with anything and even if they do, you still don't have to say anything to them.
If this happens, lawyer up immediately. You can sue them afterwards if it comes about that they violated any of your civil rights in the process.
In light of all of the above, I don't deal with the police at all.
Name and if necessary, driver's license. That's it. That's all I'm legally obligated to provide in my state, and even then only in specific circumstances. If they're on my actual property they can pack sand; No warrant, interaction. I won't talk to them, I won't even answer the door. If they want to try to bust in illegally, what happens after that is on them.
I will further never, ever call the police for any reason. They simply can't be trusted. If I have a problem with someone or something, I will solve it myself. The cops in my area have near as makes no difference to a 0% clearance rate for nuisance crimes, assault/battery, thefts, and burglaries anyway. Unless you need a report for insurance purposes it's useless, and at that rate I'll have my attorney call them on my behalf. They are not in the business of helping you. So don't even expect that they will.
TL;DR: Don't talk to the police.
"What day is it? IT'S SHUT THE FUCK UP FRIDAY!"
I am so happy to see this. I posted one of the videos below.
It is always Friday.
This is correct answer, never speak to the police. They can and will use anything you say and try to make you guilty of SOMETHING.
...And even if you are not the perpetrator, that doesn't matter. The police are pressured to arrest somebody. At the end of the day it really doesn't matter to them who it is, and the perp got a way while in the meantime you're standing right here. It's much easier to harass you.
Do you have warrants? Are you sure? Do you have parking tickets? Is your name similar to someone else they want for something else? Do they smell weed? Are you black? Etc., etc., etc.
It's not worth it. Don't interact.
This part, I definitely know is wrong. Some cops do have a particular stick up their ass about liking to arrest people for marginal reasons. The majority of cops, in any given interaction, dislike arresting people, because it's paperwork, and they get paid the same either way. They're not looking to arrest some random person if they can't find the actual perpetrator. With very rare and corrupt exceptions, it'll wind up being a massive waste of resources when they have to be released, or go to trial and get off because there is literally 0 evidence, and if someone shows a consistent pattern of that, it'll be a problem.
I used to think that you lived in a part of the US where the cops are bad, and we mostly just have a difference of experience. That still might be true, but I more strongly suspect now that you're basing this on not much more than your particular set of prejudice.
Wow, just like the police! What a coincidence.
Lol. Lmao, even.
I agree with this. In the US you can only be compelled to answer questions if you are given immunity, which will almost never happen.
Wrong.
Everyone thinks they have rights until there's a gun in their face.
When the fascists knock on your door you do what you must to survive and never throw anyone else under the bus.
In that scenario, my people have an ancient and traditional saying:
It is on, son.
usa sounds like a nightmare
You don't actually have the right to remain silent as pertains to other people's crimes. You could be compelled to testify, if it comes to that, and in theory you could be prosecuted if you lie, although it's very unlikely to happen.
There are situations where what you're saying is accurate: Every single cop who might answer the call for service is the enemy, or you might get a really bad outcome for "snitching," or simply stonewalling with mild hostility is better for some reason than "I don't know her." My advice was general advice for most of the US, not applicable to every situation someone might find themselves in.
You can be subpoenaed to testify in court. You cannot be compelled to talk to the police.
Correct. I was mostly responding to your use of "right to remain silent" when asked about your neighbors. It just doesn't work that way. You could go with "I don't want to tell you" or "I don't have to tell you," but if you had to pick one general answer to recommend, I'm a lot more comfortable going with "I don't know" or "I don't remember" instead of those options.
There is no US law requiring you to talk to cops. About crimes you might have committed or witnessed. You could be forced to testify in court but never to a police officer.
Completely correct. I was mostly just responding to the use of the phrase "right to remain silent" about someone else's crimes. Using legal terminology wrongly with the cops is a bad idea.
This is false