What follows is opinion of the author and should not be construed as legal advice. Piece Written by Gonzo S. Patton.
Although we have lost much of our liberty, seen our freedom restricted, and are being consumed by the ever-increasing government, they still grant us the illusion of freedom, out of fear. Our government, elected officials, and the two major parties pretend that the Constitution matters while using the media to attack it, calling it a “Living Document” as if it could get up, walk around, and slap some sense into those in Washington D.C. As a result of their pretending to care about the Constitution, our government, our military, and our various law enforcement agencies must go along with the charade when one of the masses demand their rights. Your right to free speech and counsel and to be secure in your person and papers and other rights guaranteed, not granted, in the Constitution and Bill of Rights will only be granted to those who demand them. How many times have you watched a crime drama on television, an episode of Cops or some other crime show, and seen the suspect talk his or her way into jail? It happens all the time, and not just on television.
There are some things that are constants in life besides death and taxes and in this Obamanation they are:
- Anyone you do not know is a fed, ATF agent, FBI, or law enforcement agent of some type.
- All phones are tapped.
- All emails and text messages are read.
- While not everyone is a cop, you are freer and safer if you assume they are. As for the other two, the National Security Administration (NSA) monitors all communications for key words, and some of you, due to your political activities, may already be subjected to electronic monitoring and not even know it. A careful person is a free person.
One of the biggest lies in America is, “If you are innocent, you have nothing to fear from any branch of law enforcement”. Wrong. The reality is, “If a law enforcement agent is asking you questions, he or she does not think you are innocent”. To live free, be free, and remain free, there are some simple rules that everyone should adhere to, the first one being: Limit your contact with law enforcement of all types. Everyone breaks the law everyone. There are now so many laws, regulations, and codes that if the government wants to lock you up they will find a way, and, in most cases, you will help them. Avoid law enforcement always.
Sometimes an agent of the state wanders into your life, be it via a knock on the door, a speeding ticket, or some other nefarious reason, and rest assured they do not think you are innocent and they are not there to charge you with singing too loudly in church. They will not offer you your rights. You must have the courage to take them. Be prepared to stand in the face of a hurricane and demand your rights. If you are pulled over, you only have to identify yourself if you are driving; otherwise, do not engage the police. If an agent of the government shows up at your door, you do not have to engage them unless they have a warrant. If they do, demand to read it before allowing them entrance to your home, and only let them into the areas specified in the warrant. Stand strong. If you must speak to an agent of the state, stick to these tactics:
Ask, “Am I being charged with a crime or am I free to go?”
Ask, “Am I being detained or am I free to go?”
If you are told you are being arrested or detained, do not resist. If the officer states, “I’m not detaining you, but I am going to handcuff you for my safety”, simply ask, “Can I call my lawyer right now?” followed by, “What section of the law allows you to restrain me against my will when I have broken no law?” After each question you ask of the police, do not speak. The person who speaks first loses. If you are told you are free to go, then by all means go….close the door, walk away, and remove yourself immediately from the area.
The agent of the state will not like your refusal to cooperate. Bummer. He or she will try all of the tricks they are taught, including the use of silence, against you, by asking, “If you don’t have anything to hide, why won’t you answer a few simple questions” or something similar. Do not be taken in by this ruse. Any information you provide them can and will be used against you. There are many in prison who would not be if they had kept their mouths shut. You have a right to free speech, and sometimes you have to be bright enough not to use it. Fall back to the basic assertion of your freedom, “Am I being detained, or am I free to go?” If you are being detained, ask for an attorney, and do not wait to be read your rights. If you are free to go, then go. If the officer says anything that is not an answer to your question, repeat the question, differently, “Am I under arrest or am I free to go?”
Never consent to a search. Never. You may have nothing to hide, but the officer may have something to plant, or you may have something that you did not know was illegal. Tell the officer, “I do not consent to a search. Am I under arrest or am I free to go?” There is a theme to all of this: Do not engage law enforcement. If the officer insists on searching despite your refusal to consent, repeat, again and again, “I do not consent to a search of my person, papers, or property” and ask the officer, “Under what section of the law and the Constitution do you derive the authority to perform this search against my will?” Do not back down. They are not your friend and they do not think you are innocent. Innocent people do not get searched by the police; just ask one, they will tell you.
What you think are innocent statements, things you are doing to try and not be arrested or detained, are the very things the police will twist, manipulate, and use against you to take away your liberty, confiscate your property, and tarnish your reputation. You must stand strong. Refuse to bend or break. If you do, expect to crash and burn. Once assimilated into the system, you will not be the same. Never tell the agents of the state anything about you, your family, your friends, where you work, what you do, or anything about your neighbors and co-workers. Silence is golden; handcuffs are chrome. You may believe you are deflecting heat away from you by talking about other people, but you are not. You are only adding to the charges and involving others. Everything you thought you knew about the police is wrong. They are from the government, but they are not here to help you. You should know better than to say anything other than, “Am I being detained or am I free to go?”
General Gonzo S. Patton