▲ 325 ▼ With new law taking effect next year, California police must tell drivers why they’re being stopped (1ft.io) submitted 2 years ago by DougHolland@lemmy.world to c/thepoliceproblem@lemmy.world 51 comments fedilink hide all child comments Original link
[–] Nougat@kbin.social 25 points 2 years ago (3 children) In case anyone needs a reminder: I decline to answer any questions without legal counsel. I do not consent to any search. permalink fedilink source parent hideshow 6 child comments replies: [–] ares35@kbin.social 19 points 2 years ago (1 child) nowadays that's just implied consent to a beat-down. permalink fedilink source parent hideshow 2 child comments replies: [–] Nougat@kbin.social 6 points 2 years ago (1 child) I'm not saying to go full sovereign-citizen-fringe-flag-maritime-law-Moorish-American. It is always your right not to answer questions without legal counsel. It is always your right not to consent to a search. permalink fedilink source parent hideshow 2 child comments replies: [–] winterayars@sh.itjust.works 2 points 2 years ago (1 child) It is, but the cops will also fuck you up for it if they feel like it. permalink fedilink source parent hideshow 2 child comments replies: [–] Nougat@kbin.social 1 point 2 years ago You're also free to waive your rights if you so choose, but you're more likely to get fucked up for that. permalink fedilink source parent [–] ReverendIrreverence@lemmy.ml 1 point 2 years ago And add "Am I being detained?" and "Am I free to leave?" permalink fedilink source parent [+] JustSomePerson@kbin.social -9 points 2 years ago (1 child) Or you could choose to not immediately have a hostile and confrontational attitude. "No" is also a valid answer to “do you know why I stopped you?” permalink fedilink source parent hideshow 2 child comments replies: [–] Nougat@kbin.social 11 points 2 years ago* (1 child) "No," depending on why the officer stopped you, could be an admission of negligence (edit: or evidence of your level of intoxication,"He was so intoxicated he didn't know why I'd pulled him over after he'd smashed into a guardrail"), if you "should have known." Exercising your rights is not "hostile and confrontational." permalink fedilink source parent hideshow 2 child comments replies: [–] JustSomePerson@kbin.social -4 points 2 years ago (2 children) Exercising your rights is perhaps not hostile and confrontational. Stating "I'm exercising my rights" is. permalink fedilink source parent hideshow 4 child comments replies: [–] candybrie@lemmy.world 7 points 2 years ago (1 child) For some reason, your right to silence doesn't count unless you say you're invoking your right to silence. permalink fedilink source parent hideshow 2 child comments replies: [–] Nougat@kbin.social 3 points 2 years ago (1 child) This is why. permalink fedilink source parent hideshow 2 child comments replies: [–] candybrie@lemmy.world 2 points 2 years ago The article I linked brings up the Salinas v. Texas case. My "For some reason" was more of a sarcastic nod to me thinking that ruling is wrong, that most rights don't need to be invoked, the main reason counsel needs to be invoked is because you usually need someone else to do something (e.g. give you a phone to call your lawyer), but that doesn't apply to being silent. permalink fedilink source parent [–] Nougat@kbin.social 5 points 2 years ago Stating "I'm exercising my rights" is. One, it's not. Two, where did anyone say to state that? permalink fedilink source parent
[–] ares35@kbin.social 19 points 2 years ago (1 child) nowadays that's just implied consent to a beat-down. permalink fedilink source parent hideshow 2 child comments replies: [–] Nougat@kbin.social 6 points 2 years ago (1 child) I'm not saying to go full sovereign-citizen-fringe-flag-maritime-law-Moorish-American. It is always your right not to answer questions without legal counsel. It is always your right not to consent to a search. permalink fedilink source parent hideshow 2 child comments replies: [–] winterayars@sh.itjust.works 2 points 2 years ago (1 child) It is, but the cops will also fuck you up for it if they feel like it. permalink fedilink source parent hideshow 2 child comments replies: [–] Nougat@kbin.social 1 point 2 years ago You're also free to waive your rights if you so choose, but you're more likely to get fucked up for that. permalink fedilink source parent
[–] Nougat@kbin.social 6 points 2 years ago (1 child) I'm not saying to go full sovereign-citizen-fringe-flag-maritime-law-Moorish-American. It is always your right not to answer questions without legal counsel. It is always your right not to consent to a search. permalink fedilink source parent hideshow 2 child comments replies: [–] winterayars@sh.itjust.works 2 points 2 years ago (1 child) It is, but the cops will also fuck you up for it if they feel like it. permalink fedilink source parent hideshow 2 child comments replies: [–] Nougat@kbin.social 1 point 2 years ago You're also free to waive your rights if you so choose, but you're more likely to get fucked up for that. permalink fedilink source parent
[–] winterayars@sh.itjust.works 2 points 2 years ago (1 child) It is, but the cops will also fuck you up for it if they feel like it. permalink fedilink source parent hideshow 2 child comments replies: [–] Nougat@kbin.social 1 point 2 years ago You're also free to waive your rights if you so choose, but you're more likely to get fucked up for that. permalink fedilink source parent
[–] Nougat@kbin.social 1 point 2 years ago You're also free to waive your rights if you so choose, but you're more likely to get fucked up for that. permalink fedilink source parent
[–] ReverendIrreverence@lemmy.ml 1 point 2 years ago And add "Am I being detained?" and "Am I free to leave?" permalink fedilink source parent
[+] JustSomePerson@kbin.social -9 points 2 years ago (1 child) Or you could choose to not immediately have a hostile and confrontational attitude. "No" is also a valid answer to “do you know why I stopped you?” permalink fedilink source parent hideshow 2 child comments replies: [–] Nougat@kbin.social 11 points 2 years ago* (1 child) "No," depending on why the officer stopped you, could be an admission of negligence (edit: or evidence of your level of intoxication,"He was so intoxicated he didn't know why I'd pulled him over after he'd smashed into a guardrail"), if you "should have known." Exercising your rights is not "hostile and confrontational." permalink fedilink source parent hideshow 2 child comments replies: [–] JustSomePerson@kbin.social -4 points 2 years ago (2 children) Exercising your rights is perhaps not hostile and confrontational. Stating "I'm exercising my rights" is. permalink fedilink source parent hideshow 4 child comments replies: [–] candybrie@lemmy.world 7 points 2 years ago (1 child) For some reason, your right to silence doesn't count unless you say you're invoking your right to silence. permalink fedilink source parent hideshow 2 child comments replies: [–] Nougat@kbin.social 3 points 2 years ago (1 child) This is why. permalink fedilink source parent hideshow 2 child comments replies: [–] candybrie@lemmy.world 2 points 2 years ago The article I linked brings up the Salinas v. Texas case. My "For some reason" was more of a sarcastic nod to me thinking that ruling is wrong, that most rights don't need to be invoked, the main reason counsel needs to be invoked is because you usually need someone else to do something (e.g. give you a phone to call your lawyer), but that doesn't apply to being silent. permalink fedilink source parent [–] Nougat@kbin.social 5 points 2 years ago Stating "I'm exercising my rights" is. One, it's not. Two, where did anyone say to state that? permalink fedilink source parent
[–] Nougat@kbin.social 11 points 2 years ago* (1 child) "No," depending on why the officer stopped you, could be an admission of negligence (edit: or evidence of your level of intoxication,"He was so intoxicated he didn't know why I'd pulled him over after he'd smashed into a guardrail"), if you "should have known." Exercising your rights is not "hostile and confrontational." permalink fedilink source parent hideshow 2 child comments replies: [–] JustSomePerson@kbin.social -4 points 2 years ago (2 children) Exercising your rights is perhaps not hostile and confrontational. Stating "I'm exercising my rights" is. permalink fedilink source parent hideshow 4 child comments replies: [–] candybrie@lemmy.world 7 points 2 years ago (1 child) For some reason, your right to silence doesn't count unless you say you're invoking your right to silence. permalink fedilink source parent hideshow 2 child comments replies: [–] Nougat@kbin.social 3 points 2 years ago (1 child) This is why. permalink fedilink source parent hideshow 2 child comments replies: [–] candybrie@lemmy.world 2 points 2 years ago The article I linked brings up the Salinas v. Texas case. My "For some reason" was more of a sarcastic nod to me thinking that ruling is wrong, that most rights don't need to be invoked, the main reason counsel needs to be invoked is because you usually need someone else to do something (e.g. give you a phone to call your lawyer), but that doesn't apply to being silent. permalink fedilink source parent [–] Nougat@kbin.social 5 points 2 years ago Stating "I'm exercising my rights" is. One, it's not. Two, where did anyone say to state that? permalink fedilink source parent
[–] JustSomePerson@kbin.social -4 points 2 years ago (2 children) Exercising your rights is perhaps not hostile and confrontational. Stating "I'm exercising my rights" is. permalink fedilink source parent hideshow 4 child comments replies: [–] candybrie@lemmy.world 7 points 2 years ago (1 child) For some reason, your right to silence doesn't count unless you say you're invoking your right to silence. permalink fedilink source parent hideshow 2 child comments replies: [–] Nougat@kbin.social 3 points 2 years ago (1 child) This is why. permalink fedilink source parent hideshow 2 child comments replies: [–] candybrie@lemmy.world 2 points 2 years ago The article I linked brings up the Salinas v. Texas case. My "For some reason" was more of a sarcastic nod to me thinking that ruling is wrong, that most rights don't need to be invoked, the main reason counsel needs to be invoked is because you usually need someone else to do something (e.g. give you a phone to call your lawyer), but that doesn't apply to being silent. permalink fedilink source parent [–] Nougat@kbin.social 5 points 2 years ago Stating "I'm exercising my rights" is. One, it's not. Two, where did anyone say to state that? permalink fedilink source parent
[–] candybrie@lemmy.world 7 points 2 years ago (1 child) For some reason, your right to silence doesn't count unless you say you're invoking your right to silence. permalink fedilink source parent hideshow 2 child comments replies: [–] Nougat@kbin.social 3 points 2 years ago (1 child) This is why. permalink fedilink source parent hideshow 2 child comments replies: [–] candybrie@lemmy.world 2 points 2 years ago The article I linked brings up the Salinas v. Texas case. My "For some reason" was more of a sarcastic nod to me thinking that ruling is wrong, that most rights don't need to be invoked, the main reason counsel needs to be invoked is because you usually need someone else to do something (e.g. give you a phone to call your lawyer), but that doesn't apply to being silent. permalink fedilink source parent
[–] Nougat@kbin.social 3 points 2 years ago (1 child) This is why. permalink fedilink source parent hideshow 2 child comments replies: [–] candybrie@lemmy.world 2 points 2 years ago The article I linked brings up the Salinas v. Texas case. My "For some reason" was more of a sarcastic nod to me thinking that ruling is wrong, that most rights don't need to be invoked, the main reason counsel needs to be invoked is because you usually need someone else to do something (e.g. give you a phone to call your lawyer), but that doesn't apply to being silent. permalink fedilink source parent
[–] candybrie@lemmy.world 2 points 2 years ago The article I linked brings up the Salinas v. Texas case. My "For some reason" was more of a sarcastic nod to me thinking that ruling is wrong, that most rights don't need to be invoked, the main reason counsel needs to be invoked is because you usually need someone else to do something (e.g. give you a phone to call your lawyer), but that doesn't apply to being silent. permalink fedilink source parent
[–] Nougat@kbin.social 5 points 2 years ago Stating "I'm exercising my rights" is. One, it's not. Two, where did anyone say to state that? permalink fedilink source parent