To Protect & To Serve – a Misnomer
by The Militant Libertarian
http://www.MilitantLibertarian.org
Contrary to popular belief, police forces in America do not exist to “protect and to serve” the people. In reality, they exist to enforce law: whether the law is “good” or “bad.” Police are not bodyguards and usually show up after the crime has occurred, not during or before. So they do not protect us.
In many ways, it can be contended that the police do not necessarily serve us, the people, but instead serve the government, which may or may not be of the people. To be technical about it: the people (supposedly) form the government, which writes the laws, which are enforced by the police. Therefore the police serve the government that serves the people. Break any of these links, and the police are not serving the people…
Now, before you begin thinking that this is some kind of anti-cop diatribe that expounds crime-filled anarchy over civility, let me make sure I’m clear about my intentions. This article is meant as a short primer to get you interested in your rights when the police become involved in your life (and trust me, at some point they will: through traffic tickets, domestic disputes, political rallies, etc.).
I have read many books, articles, etc. on the subject of dealing with the police, court system, etc. when you become entangled in legal matters as Average Joe Citizen. I have, myself, been arrested, jailed, “let off with warnings,” etc. as well. So I’m not just an academic on this subject.
One of the best sources of information, if you’re interested in getting more in-depth than this article can, is Boston T. Party’s “You & the Police” (pictured here).
Academically, you need to know a few things: what are “Terry Search,” “Detention,” and “Arrest.”
A Terry Search or Terry Frisk is based on the Terry v. Ohio (1968) which found that given reasonable and articulable suspicion, an officer of the law can pat you down for weapons if s/he thinks you may pose a threat. CCW carriers, beware that you’d better have your documents to “prove” your right to carry! They won’t accept the Constitution…
Detention is when the officer has deeper suspicions that are reasonable and can be articulated (this is usually called RAS or “Reasonable and Articulable Suspicion”). At this point, an officer may detain you up to about thirty minutes (give or take, it’s up to a judge to decide what was “too long” if you challenge it in court) to ask questions of you. At this point, the police officer still cannot search your personal property without your express consent. You can, however, be handcuffed “for your and the officer’s safety.” At this point, mentioning the Bill of Rights is probably detrimental to your chances of gaining immediate freedom…
Arrest is what happens when the police officer has reasonable proof that you’ve committed some kind of crime and therefore can charge you with said crime. At this time, you and your immediate property can be searched as part of the investigation, but the officer cannot break into locked containers, search rooms in your house beyond the area you currently are occupying (meaning where you are standing), or the trunk of your car. So a locked briefcase in your car is off limits without a warrant.
There are, of course, many, many more details involved in these situations, but this covers your basic rights.
When confronted by a police officer on the street, at the mall, etc. when you have done nothing wrong, it is your right to refuse to talk and to leave the scene. Unless the officer has RAS, s/he cannot stop you or detain you further. Since the police officer’s job is to investigate crimes and arrest suspects, anything you say can and will be used against you, no matter how innocuous you think the comment was at the time. Confessing that you were just at Wal-Mart and on your way home may implicate you in a crime which may have just happened at or near that Wal-Mart, for instance…
Definitely, under no circumstances, should you argue Constitutional law or legalities with a police officer. Until you are in a court of law with a judge presiding, you are in no position to argue your case; in fact, you may give your defense away prematurely doing so! Police officers are not judges or lawyers, and are not experts at understanding the law. They have a modicum of training to teach them how to spot crimes or possible crimes, but they are not students of the law itself!
Three simple rules to live by when being pulled over in traffic, stopped while walking down the street, or when the cops show up on your front porch:
Shut up!
Know your rights!
Do only what’s required of you!
Meaning: keep your mouth shut and answer only specific questions to you and only give the bare minimum in facts, if anything at all; know what your rights are and whether or not you are free to walk away; do only the bare minimum required of you by law (present papers, demand an attorney) and nothing more – never, ever “consent” to anything!
I’d highly recommend reading “You & the Police!” by Boston T. Party if you want more in-depth information for the layman on your rights during a confrontation with the police. There is more to know than just the Constitution in today’s legal climate, so being informed is important.
Note: The author is not a lawyer and the information in this article is meant as a basic primer on legal rights and is not definitive. Your use of this information is at your own discretion and the author carries no legal liability for your use or misuse of the information herein.
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The Militant Libertarian (aka Aaron Turpen) posts daily to a web log at http://www.MilitantLibertarian.org. For liberty and freedom-oriented commentary, visit his website and read more!