Step by Step Guide: How to manufacture Probable Cause

[level.eleven]

Here is a good training video on how to manufacture Probable Cause complete with how to cover it up should word get out to the public.

[ame]http://www.youtube.com/watch?v=rJqq6KCOkdM[/ame]

 

[Kirk Freeman]

Step by Step Guide: How to manufacture Probable Cause

With your own mouth.

Important take aways:

1) Do not talk to the police. It will only hurt you. The only this he should have said is "Am I free to go?" His passenger shouldn't have said a word, just smile and blow kisses. Talking to the police turns a detention, which the cops have to justify, into a consensual encounter which need not be justified. Shut up.

2) The police can lie to you. Remember the police can tell you lies and that is why you will never win an argument with them. Don't argue, don't talk, shut up.

3) Don't consent to the dog sniff. It doesn't matter but the driver consenting to the dog sniff does not help him.

4) The dog will always indicate positive; Officer Chompy always bats 1.000. A) there is no downside for the cops if the dog finds nothing, the cops will tell you that there was something there and the dog smelled what was there, B) the cops keep no records that they will admit to on false positives.

There is a legislative fix here in mandating that cops keep batting averages for Chompy and mandating the audio/video recording of dog sniffs (expanding IRE 617). That way the off camera indicating that we always see will be addressed and the dogs will be shown to be fallible.

5) I know people get mad at this, but the condition of your car matters. Keep it clean. Washed, swept up, and the dash and interior wiped down with Lysol wipes. This nullifies the "shake" excuse that I have read and heard countless times.

 

[level.eleven]

Does it matter if you sit completely quite? Isn't that just "not complying and appeared nervous"? It seems like there is nothing you can do to prevent the dog from coming out and your car from being tossed. Heck, there isn't anything you can even do avoid being pulled over. You were "swerving".

 

[Denny347]

Sounds like he is working an interdiction detail. Fishing.

 

[IN_Sheepdog]

Good Post Kirk... Even as a legal guy, I learned some things in this video...
"Officer, am I free to go?" and "no I do not consent to any search" are two of the most important phrases to keep in mind. (and to get on his tape).

One other addition... when exiting the car, ALWAYS shut the door behind you and hit the locks. Leaving the door open can/has been construed as a form of consent...

Last, I will mention the little deal of the Wiretapping Statutes in the Peoples Communist Republic of Illannoy... If you are thinking of making your OWN recording of the incident, you can NOT record a police officer without his consent. Illannoy is a two party consent state, and there is a great case going on now where a guy is facing a long prison term because he did not advise the officer of the recording...

These are the kinds of guys that give the good LEO's a bad reputation... but then again, there are more than enough lawyers out there that do the same thing. (damage to the reputation of the profession.

Thanks

 

[NYFelon]

Good Post Kirk... Even as a legal guy, I learned some things in this video...
"Officer, am I free to go?" and "no I do not consent to any search" are two of the most important phrases to keep in mind. (and to get on his tape).

One other addition... when exiting the car, ALWAYS shut the door behind you and hit the locks. Leaving the door open can/has been construed as a form of consent...

Last, I will mention the little deal of the Wiretapping Statutes in the Peoples Communist Republic of Illannoy... If you are thinking of making your OWN recording of the incident, you can NOT record a police officer without his consent. Illannoy is a two party consent state, and there is a great case going on now where a guy is facing a long prison term because he did not advise the officer of the recording...

These are the kinds of guys that give the good LEO's a bad reputation... but then again, there are more than enough lawyers out there that do the same thing. (damage to the reputation of the profession.

Thanks

Even in one party consent states like The People's Democratic Republic of New York, the police can, and have arrested individuals for recording their interactions. We, as a society, have granted the police with so much discretionary power that it is very difficult for a citizen, even one whom has not violated the laws, to fight back against any abuses of police power.

 

[Carmelbythecorn]

This question is directed at police officers...

What is the appropriate way for the person being stopped to handle this?

Is it:

• "Officer Name?"
• "Badge Number?"
• "Am I being detained?"
• "Am I free to go?"

Until such time that the officer lets you go?

Also,

Sounds like he is working an interdiction detail. Fishing.

I don't want to assume so I'm asking. Are you saying this is okay, or that this is a commonly held practice?

Thanks for the input!

 

[45calibre]

it has come to me that the k-9 might mark the vehicle automatically for a reward?

 

[PeaShooter]

just looking for money or drugs so that they can sieze them and then sell the car and keep the money (both from the car and any cash inside). This is very common where a small jurisdiction runs officers on the interstate that do nothing but this sort of fishing stop so that when they do hit on something, the jurisdiction doing the seizing can get the money. there have been cases where just having a large amount of money on you will get your cash and car siezed, with little or no recourse to get it back.

 

[eldirector]

Dogs are absolutely fantastic at reading their handlers. If the handler "wants" a hit, the dog will give it to him.

They are also pretty good at finding whatever it is they are trained to search for (drugs, dead bodies, whatever).

So, you will end up with false positives.

 

[Liberty Sanders]

Drug dogs are one of the biggest scams that threaten our liberty and they're made to order for podunk, corrupt police agencies, which this one clearly is. What kind of an agency will hire a guy who was caught perjuring himself in court?

This gentleman is extremely fortunate that this "officer" didn't plant drugs that he could "find" on camera with which to place a bogus charge.

 

[Kirk Freeman]

Drug dogs are one of the biggest scams that threaten our liberty

Agree, they are extremely disconcerting.

I do wish the General Assembly would consider my proposal. I know of no other fix.

Any suggestions from you, Liberty, or anyone else would be appreciated.

 

[rockhopper46038]

Something posted above gave me pause (interesting video, BTW, thanks for posting); if Illinois is a "2-party state, there must be an exception written into the Illinois Code to allow recording by the police, or for that matter any retail store camera, mustn't there? Why wouldn't any suspect refuse the consent to being taped, if Illinois requires consent from both parties?

 

[Denny347]

I don't want to assume so I'm asking. Are you saying this is okay, or that this is a commonly held practice?

Thanks for the input!

Not ok. But sitting on the side of the interstate and talking about the large amount of drugs that drive through there sounds like an interdiction unit. They only concern themselves with drug traffickers on the interstate. They use profiles for drug mules in stopping cars. There are ways of doing this business without violating rights but as you can see, it can be easily abused.

 

[IN_Sheepdog]

Something posted above gave me pause (interesting video, BTW, thanks for posting); if Illinois is a "2-party state, there must be an exception written into the Illinois Code to allow recording by the police, or for that matter any retail store camera, mustn't there? Why wouldn't any suspect refuse the consent to being taped, if Illinois requires consent from both parties?

Nope... No Consent by the citizen is necessary for the police to record as this is construed as being part of their evidence (read that as C-Y-A) and as a "safety measure". You can however as a citizen under the FOIA request (in writing of course) a copy of the video if you are aware they are recording it.

 

[Archbishop]

tag

 

[level.eleven]

So for those that think that "am I free to go" are magical words, how would you handle this encounter. The citizen asked, the highwayman said "Sure you are free to go, but I am detaining the vehicle." The highwayman even offered to arrange a ride for the citizen.

 

[Kirk Freeman]

So for those that think that "am I free to go" are magical words, how would you handle this encounter.

They are magic words. It precludes the cops from claiming consensual encounter.

1. Don't run my mouth, save it for debating Kirk vs. Picard.

2. Don't give consent.

3. Above all, stop talking.

The citizen asked, the highwayman said "Sure you are free to go, but I am detaining the vehicle." The highwayman even offered to arrange a ride for the citizen.

You have your answer but at that point he had talked himself into a search.

 

[IN_Sheepdog]

So for those that think that "am I free to go" are magical words, how would you handle this encounter. The citizen asked, the highwayman said "Sure you are free to go, but I am detaining the vehicle." The highwayman even offered to arrange a ride for the citizen.

Officer, may I ask what probable cause you have for a "taking" of my personal property, and additionally exposing me to a greater risk of personal injury standing along the side of a very busy highway?

or

Officer, the longer you detain me without cause along this busy highway, the greater you are placing me as well as yourself in serious personal danger. You suggest (as I recall from the video, anyway) hitching a ride, or waiting for me to get alternative transportation. Are you willing to take personal, as well as departmental responsibility for any negative consequences of your actions?

 

[level.eleven]

I'll have to give the video another view. Perhaps my timeline is skewed. I have been thinking about this while watching basketball all day. I thought it came before the tactic of - here is your warning, hey mind if I ask you some questions?

I don't know why I find this cat and mouse so fascinating, but do you think this search could have been avoided?