5 ms·

If they try make sure you assert that you do not consent to searches, and would like to be on your way.. Then when they try to hold you ask them if the detentio

If they try make sure you assert that you do not consent to searches, and would like to be on your way.. Then when they try to hold you ask them if the detention is inline with `Rodriguez v. United States` which specifically forbids cops from delaying a driver so that they can get dogs to the scene.

klyrs 2y ago
Does it forbid the tactic in a way that results in negative consequences for the perpetrating officers?
- giantg2 2y ago
  Your right has been confirmed in that case. It then has the basis for a civil rights case.
  - klyrs 2y ago
    But Rodriguez is way past the qualified immunity deadline. What incentives the cop not to do this?
    - giantg2 2y ago
      How so?
godelski 2y ago
This sounds nice until a cop throws you against a car anyways. You're right to give the advice because this is what should happen but that's not the reality because the whole premise is based on what already should not be happening. You'd only need that line against a cop abusing their power. They're almost always going to continue abusing their power
- giantg2 2y ago
  Many cops just try to trick you or are ignorant. Providing this info and asking for a supervisor is the best basis for any potential future legal recourse (especially if recording). Of course none of that matters in the moment, but it can make a big difference in getting that $800 back or not having it seized in the first place.
  - godelski 2y ago
    Well in my experience (given in another comment) this is not the case. With a judge, sure, but a cop no. (Fwiw, I'm white) It's worth a shot, yes, but it's also unlikely to change the tables. Because again, the only time you would need to utilize such information is when you're encountering a cop who is actively abusing their power. My point is that in such situations, the information has a chance to de-escalate, be neutral, or escalate the situation. It's hard to tell on the Internet what the intent is because well intended seemingly good advice can also be noise. I'm just trying to convey that the picture isn't black and white. I mean if things happened they way they should, we wouldn't need to call a supervisor or remind a cop of the law, right?
    - giantg2 2y ago
      "Because again, the only time you would need to utilize such information is when you're encountering a cop who is actively abusing their power." Again, this is not true. There are other situations where this info can be beneficial (ignorant cops or deceptive but not corrupt cops).
      - zmgsabst 2y ago
        My experience aligns with your advice: Most police officers will bully you within the extent of their authority and try to deceive you into complying beyond their authority, but will not physically break the law. With those police, being polite but firm is a good strategy. - - - - - Example: you’re in the parking lot of a business after hours, sitting there with a backpack; two officers in a cruiser park and get out to find out what you’re doing. 1. Well — legal or not, they’re going to detain you for a moment until they decide how to proceed 2. and they’ll pretend the only way to make that stop is let them search your bag to “prove you didn’t steal anything” 3. but if you politely repeat that you’re not consenting to any searches and would like to leave, they’ll let you go because at best they have probable cause for trespassing.
dheera 2y ago
> Then when they try to hold you ask them if In the US if you ask the cops anything you risk getting tased or having a knee on your neck.
alex_lav 2y ago
"Simply tell the cops you're leaving" is a very out of touch suggestion to make. "Simply tell the cops you're leaving because The Law" even moreso.

klyrs 2y ago

Does it forbid the tactic in a way that results in negative consequences for the perpetrating officers?

giantg2 2y ago
Your right has been confirmed in that case. It then has the basis for a civil rights case.
- klyrs 2y ago
  But Rodriguez is way past the qualified immunity deadline. What incentives the cop not to do this?
  - giantg2 2y ago
    How so?

godelski 2y ago

This sounds nice until a cop throws you against a car anyways. You're right to give the advice because this is what should happen but that's not the reality because the whole premise is based on what already should not be happening. You'd only need that line against a cop abusing their power. They're almost always going to continue abusing their power

giantg2 2y ago
Many cops just try to trick you or are ignorant. Providing this info and asking for a supervisor is the best basis for any potential future legal recourse (especially if recording). Of course none of that matters in the moment, but it can make a big difference in getting that $800 back or not having it seized in the first place.
- godelski 2y ago
  Well in my experience (given in another comment) this is not the case. With a judge, sure, but a cop no. (Fwiw, I'm white) It's worth a shot, yes, but it's also unlikely to change the tables. Because again, the only time you would need to utilize such information is when you're encountering a cop who is actively abusing their power. My point is that in such situations, the information has a chance to de-escalate, be neutral, or escalate the situation. It's hard to tell on the Internet what the intent is because well intended seemingly good advice can also be noise. I'm just trying to convey that the picture isn't black and white. I mean if things happened they way they should, we wouldn't need to call a supervisor or remind a cop of the law, right?
  - giantg2 2y ago
    "Because again, the only time you would need to utilize such information is when you're encountering a cop who is actively abusing their power." Again, this is not true. There are other situations where this info can be beneficial (ignorant cops or deceptive but not corrupt cops).
    - zmgsabst 2y ago
      My experience aligns with your advice: Most police officers will bully you within the extent of their authority and try to deceive you into complying beyond their authority, but will not physically break the law. With those police, being polite but firm is a good strategy. - - - - - Example: you’re in the parking lot of a business after hours, sitting there with a backpack; two officers in a cruiser park and get out to find out what you’re doing. 1. Well — legal or not, they’re going to detain you for a moment until they decide how to proceed 2. and they’ll pretend the only way to make that stop is let them search your bag to “prove you didn’t steal anything” 3. but if you politely repeat that you’re not consenting to any searches and would like to leave, they’ll let you go because at best they have probable cause for trespassing.

dheera 2y ago

> Then when they try to hold you ask them if In the US if you ask the cops anything you risk getting tased or having a knee on your neck.

alex_lav 2y ago

"Simply tell the cops you're leaving" is a very out of touch suggestion to make. "Simply tell the cops you're leaving because The Law" even moreso.