What are the most important legal citations (or principles) to memorize and adhere if stopped by LEO?
For instance, I hear alot about asking about RAS. What's the specific case to cite?
Any others that have to do with a stop, a search, reasonable suspicion or being detained?
You want to separate the after-action report analysis from the list of stuff to do during an encounter. Its two separate subjects.
Cops generally aren't going to pay attention to much of anything you cite during an encounter. And, we've got plenty of reports of cops outright refusing printed materials being handed to them during an investigative encounter.
Where the two separate lines cross--cites and things to do/say during an encounter--is that the rights a fella exercises during an encounter are supported by law. All the rest is pretty much after-action analysis of the legality of the cops' actions. Don't get me wrong, it helps tremendously with confidence if you know this stuff cold; but, you wouldn't be using it during a police encounter.
For example, there is a US Supreme Court case that limits which areas of a car a cop can search for a gun for officer safety. But, you don't need to know the details because you're going to refuse consent to search the car period. You're not going to be telling the cop, "I consent to searching the passenger compartment but not the engine, trunk, or rocker panels."
Thus, the main things to know during a police investigative encounter are your rights. And, you don't need the cites to exercise them:
1. Right to refuse consent to searches and seizures. (verbally, not physically. And, politely is recommended.)
2. Right to silence (modified by any state law compelling the investigated person to identify himself).
Asking the cop about RAS can be used for argumentative purposes or to collect info for later use in a formal written complaint or lawsuit, but you're usually not going to use the information during the encounter. See why at the link below.
The only other reason to know all your cites cold is to set up the cop. If you know this stuff really well, you can lead a questionable cop into deeper trouble. For example, lets say a cop demands ID. Now, in most jurisdictions, even those with stop-and-identify laws, there is no requirement to show an identity document during a police investigative encounter (distinguished from a traffic stop where you are required to show your license for the licensed activity), so Officer Demanding just proved he's willing to make demands for which he has no authority. Now you can give him some rope. "I suppose you want my social security number, too?" "Darn right I do, buster. Gimme it!" He just violate federal law requiring government agencies to disclose how the SSN will be used, whether you giving it is voluntary, and the statute authorizing the government agency to demand it.
Otherwise, you can go a very long ways just exercising your rights and not being thrown off by the cops questions or his verbal sparring.
The cop can do pretty much anything he wants during the encounter; there's not much you can do during the encounter about illegal actions by the cop--save it for after the encounter. And, take a cue from the wily cops--just pretend to be oh-so polite and a little naive. Let him do or say whatever illegal stuff he wants without protest--just keep up the refused consents: "Gee, officer, I don't think I would consent to that." And, "Gee, officer. I don't think we're supposed to answer questions without an attorney." Act like you don't know beans. Then, after the encounter launch an unexpected flying kick with a formal written complaint or lawsuit.
Some suggested general things to say/ask:
I don't consent to an encounter, officer. (This instantly removes the whole encounter from the realm of being consensual.)
Am I free to go? (Repeat occasionally)
I want to leave, officer. (A clearer version of ask if you're free to go)
I won't answer any questions without an attorney.
I don't consent to any searches or seizures, officer.
Why am I being detained? (This is basically asking for his reasonable, articulable suspicion.)
I've been compiling links to court cases and instructional videos. See the reference thread linked below.
1. Reference thread:
http://forum.opencarry.org/forums/s...Your-4th-and-5th-Amendment-Resources-Here!!&&&
2. Cops, OCers, and RAS:
http://forum.opencarry.org/forums/s...-Correctly-Determine-Whether-the-Cop-has-RAS&
