2 ms·

I was 13, maybe 5'8, and 100lbs soaking wet. He was probably twice my size, armed with numerous weapons. Sure I could have exercised my 4th Amendment rights, bu

by greedo 10y ago

I was 13, maybe 5'8, and 100lbs soaking wet. He was probably twice my size, armed with numerous weapons. Sure I could have exercised my 4th Amendment rights, but most judges would believe that he had probable cause. Expecting a 13 year old to be a constitutional lawyer (especially back in 1977) is a bit much.

clouddrover 10y ago
> I was 13, maybe 5'8, and 100lbs soaking wet. He was probably twice my size, armed with numerous weapons. This is the best possible reason to know your rights. Might does not make right. > Expecting a 13 year old to be a constitutional lawyer (especially back in 1977) is a bit much. No one's expecting you to be a lawyer but it's not too high an expectation to know your rights, which is the point of Duane's book. Learning your civil rights should be part of everyone's education and it's a shame that it isn't. Police exploit that ignorance, as they did to you.
- greedo 10y ago
  So I resist, get arrested, taken to jail. My folks woken up at 6am on a weekend to come pick me up. When my parents try to hire a lawyer, they'll be informed of how reasonable suspicion and probable cause work, for an hourly fee. All because a cop did his job by investigating a minor who from his perspective could have been a runaway or someone stealing junk. Now while I can foresee situations where a 13 year old could successfully resist a search of their body/property, but I can't see a lawyer counseling it in this situation. Then again, IANAL.
  - clouddrover 10y ago
    > So I resist, get arrested, taken to jail. You don't resist, you assert your rights. You fail to assert your rights and that will be exploited. If you get arrested for asserting your rights then you take them to court and you win. > All because a cop did his job by investigating a minor who from his perspective His perspective is irrelevant. Your only concern must be to protect yourself, which you failed to do.

by greedo 10y ago

clouddrover 10y ago

> I was 13, maybe 5'8, and 100lbs soaking wet. He was probably twice my size, armed with numerous weapons. This is the best possible reason to know your rights. Might does not make right. > Expecting a 13 year old to be a constitutional lawyer (especially back in 1977) is a bit much. No one's expecting you to be a lawyer but it's not too high an expectation to know your rights, which is the point of Duane's book. Learning your civil rights should be part of everyone's education and it's a shame that it isn't. Police exploit that ignorance, as they did to you.

greedo 10y ago
So I resist, get arrested, taken to jail. My folks woken up at 6am on a weekend to come pick me up. When my parents try to hire a lawyer, they'll be informed of how reasonable suspicion and probable cause work, for an hourly fee. All because a cop did his job by investigating a minor who from his perspective could have been a runaway or someone stealing junk. Now while I can foresee situations where a 13 year old could successfully resist a search of their body/property, but I can't see a lawyer counseling it in this situation. Then again, IANAL.
- clouddrover 10y ago
  > So I resist, get arrested, taken to jail. You don't resist, you assert your rights. You fail to assert your rights and that will be exploited. If you get arrested for asserting your rights then you take them to court and you win. > All because a cop did his job by investigating a minor who from his perspective His perspective is irrelevant. Your only concern must be to protect yourself, which you failed to do.