For law abiding citizens; it is important to know your rights when dealing with law enforcement.  Some law enforcement officers will try and use fear or unethical tactics to get around the law; so don’t be fooled.  Keep the following in mind.

  • Your rights are always in place.  Exercise the right to remain silent when it is in your best interest.
  • You may ask why an officer is present and what they want but do not volunteer information.  Let them do the talking since anything you say prior to them reading you your miranda rights can be recorded, documented and used at trial.  Again it is best to remain silent.
  • If a law enforcement officer knocks on the door of your home you are under no obligation to answer.  If you need to inquire why they are there speak to them through the door.  You do not have to allow them physical or visual access to your property unlesss they have a search warrant or an arrest warrant.  If they demand access without these documents advise them through the door, in a nice manner, that without a warrant you are exercising your 4th amendment rights and you would appreciate it if they would kindly leave your property.
  • Opening a door or window to them is a tacit agreement to a visual inspection; this subjects you to policies of items in plain sight which can then give them probable cause for a warrant.
  • You are under no obligation to accept their invitation to step outside and speak with them. Exiting your home now puts you on their turf.  Trumped up charges can then be made that you resisted arrest or obstructed an investigation.  Again do not go outside with them.
  • If you feel harassed contact your lawyer imeediately.
  • Officers do not have to inform you of your rights before asking you questions.  Any information you provide freely could therefore be used against you in a court of law.  Exercise your rights to remain silent.

You can get a free preview of my first zombie fiction book or my first five post apocalyptic fiction survival books by clicking on the book cover images to the left of this blog post, on my blog page, which will take you to the Amazon.com website. Then you can click on the look inside option which will give you a free preview.  If my zombie or survival fiction books interest you; then consider purchasing them.  Book titles include Biohazard Redacted Book 1 of the Zombie Apocalypse, American Rebellion Book 1 of the Revolution, American Rebellion Book 2 of the Revolution, American Rebellion Book 3 of the Revolution, American Rebellion Book 4 of the Revolution and American Rebellion Book 5 of the Revolution.  Make your purchases before it’s too late.

DD573

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Comments
  1. Brittius says:

    Basically, all true. Keep in mind that laws are time/date sensitive, and in many cases, changing or being modified in some way. If a person has concerns, it would be best for them to consult with their attorney, before they need to place themselves into a situation where they might definitely need and want a lawyer. Also have attorneys prepare a file that documents which laws were discussed, and at what length, and what duration of time allocated for what specific item and the total times. If ever called before a Bench, at the very least, it would give the attorney something to fight with. But it doesn’t end there. If the interior of your premises or dwelling are visible from the outside or street, then law enforcement can use the Plain View Doctrine to gain access. Also, any spouse, domestic partner, or anyone domiciled or inside your premise or dwelling may, invite law enforcement to enter, and that consent, has been upheld by the US Supreme Court in many cases.
    Remember: You have questions – Your lawyer, has answers.

    • rmactsc says:

      Excellent advice. I also suggest in dealing with law enforcement that using a respectful tone of voice works much better than an arrogant one.

      • Brittius says:

        That, is the Best advice. Be civil. Be respectful. Be polite. If the matter is discretionary, or a coin toss, a little respect goes a very long way, in your favor. Many times, judges asked me, what I thought of someone, and I had it all in my notes and on the paperwork. Helped out people that truly made a mistake or got involved in something, but were good people. I spoke the truth about them. Their behavior played a role in an outcome that really could have been bad.
        Of the times when I knew the person was former military or active military, I pulled rank on them military style and they immediately knew where I was coming from. Three stripes on my sleeve. I wore an American flag until too many people complained about the pin. I was ordered to remove it because it was not part of the official issue uniform. I replaced it with a USMC globe and anchor. Nobody ever complained about it. Nobody ever said anything about it. When I worked patrol, I never tolerated nonsense. People could see that, and would behave civilly. It’s a two-way street, and I then looked to help them as best I could.

      • rmactsc says:

        You are correct about it being a two way street. Although like any other profession there are instances where law enforcement will abuse their power for the most part I think law enforcement in general tends to be a decent bunch. But in the event you run into one who is not; it’s worthwhile remembering you still have rights even if they are abused by the officer.

  2. Duncan says:

    From personal experience, law enforcement doesn’t like it when you exercise your 4th admt rights. I had an argument with a deputy about not letting him search my car. Even though he was trying to trick or scare me into letting him search it, I wouldn’t yield. He didn’t take it well. Although I didn’t have anything to hide (to the best of my ability, I’m a law abiding citizen), I wasn’t about to surrender my rights for no reason. All that being said, I was once a law enforcement officer myself and understand that it is a tough and dangerous job. My advice, do your best to be friendly, respectful, and helpful – without giving up any of your rights.

  3. shay says:

    i was young once and unfortunately got into some trouble and had to go to d.o.c. however I was released in 2003 and have only had traffic tickets in 11 years. but as soon as I come in contact with law enforcement where I am always a passenger in a car as soon as they run my identification all hell breaks loose they want consent to search the vehicle and they say it is because im narcotics. no 11 years ago I was caught with narcotics not one charge in 11 years how can I stop this harrassment

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