When dealing with the police, keep your hands in view and don’t make sudden movements. Avoid passing behind them. Nervous cops are dangerous cops. Also, never touch the police or their equipment (vehicles, flashlights, animals, etc.) – you can get beat up and charged with assault.
The police do not decide your charges; they can only make recommendations. The prosecutor is the only person who can actually charge you. Remember this the next time the cops start rattling off all the charges they’re supposedly “going to give you.”
Interrogation isn’t always bright lights and rubber hoses – usually it’s just a conversation. Whenever the cops ask you anything besides your name and address, it’s legally safest to (respectfully) say these Magic Words:
“I am going to remain silent. I want to see a lawyer.”
This invokes the rights which protect you from interrogation. When you say this, the cops (and all other law enforcement officials) are legally required to stop asking you questions. They probably won’t stop, so just repeat the Magic Words or remain silent until they catch on.
Remember, anything you say to the authorities can and will be used against you and your friends in court. There’s no way to predict what information the police might try to use or how they’d use it. Plus, the police often misquote or lie altogether about what was said. So say only the Magic Words and let all the cops and witnesses know that this is your policy. Make sure that when you’re arrested with other people, the rest of the group knows the Magic Words and promises to use them.
One of the jobs of cops is to get information out of people, and they usually don’t have any scruples about how they do it. Cops are legally allowed to lie when they’re investigating, and they are trained to be manipulative. The only thing you should say to cops, other than identifying yourself, is the Magic Words: “I am going to remain silent. I want to see a lawyer.”
Here are some lies they will tell you:
“You’re not a suspect – just help us understand what happened here and then you can go.”
“If you don’t answer my questions, I’ll have no choice but to arrest you. Do you want to go to jail?”
“If you don’t answer my questions, I’m going to charge you with resisting arrest.”
“All of your friends have cooperated and we let them go home. You’re the only one left.”
Cops are sneaky buggers and there are lots of ways they can trick you into talking. Here are some scams they’ll pull:
Good Cop/ Bad Cop: Bad cop is aggressive and menacing, while good cop is nice, friendly, and familiar (usually good cop is the same race and gender as you). The idea is bad cop scares you so bad you are desperately looking for a friend. Good cop is that friend.
The cops will tell you that your friends ratted on you so that you will snitch on them. Meanwhile, they tell your friends the same thing. If anyone breaks and talks, you all go down.
The cops will tell you that they have all the evidence they need to convict you and that if you “take responsibility” and confess the judge will be impressed by your honesty and go easy on you. What they really mean is: “we don’t have enough evidence yet, please confess.”
Jail is a very isolating and intimidating place. It is really easy to believe what the cops tell you. Insist upon speaking with a lawyer before you answer any questions or sign anything.
The Golden Rule: Never trust a cop.
The Miranda Warnings
The police do not have to read you your rights (also known as the Miranda warnings). Miranda applies when there is (a) an interrogation (b) by a police officer of other agent of law enforcement (c) while the suspect is in police custody (you do not have to be formally arrested to be “in custody”). Even when all these conditions are met, the police intentionally violate Miranda. And though your rights have been violated, what you say can be used against you. For this reason, it is better not to wait for the cops â¤” you know what your rights are, so you can invoke them by saying the Magic Words, “I am going to remain silent. I want to see a lawyer.”
If you’ve been arrested and realize that you have started answering questions, don’t panic. Just re-invoke your rights by saying the Magic Words again. Don’t let them trick you into thinking that because you answered some of their questions, you have to answer all of them.
There are three basic types of encounters with the police: Conversation, Detention, and Arrest.
When the cops are trying to get information, but don’t have enough evidence to detain or arrest you, they’ll try to weasel some information out of you. They may call this a “casual encounter” or a “friendly conversation”. If you talk to them, you may give them the information they need to arrest you or your friends. In most situations, it’s better and safer not to talk to cops.
Police can detain you only if they have reasonable suspicion (see below) that you are involved in a crime. Detention means that, though you aren’t arrested, you can’t leave. Detention is supposed to last a short time and they aren’t supposed to move you. During detention, the police can pat you down and go into your bag to make sure you don’t have any weapons. They aren’t supposed to go into your pockets unless they feel a weapon.
If the police are asking questions, ask if you are being detained. If not, leave and say nothing else to them. If you are being detained, you may want to ask why. Then you should say the Magic Words: “I am going to remain silent. I want a lawyer” and nothing else.
A detention can easily turn into arrest. If the police are detaining you and they get information that you are involved in a crime, they will arrest you, even if it has nothing to do with your detention. For example, if someone gets pulled over for speeding (detained) and the cop sees drugs in the car, the cops will arrest her for possession of the drugs even though it has nothing to do with her getting pulled over. Cops have two reasons to detain you: 1) they are writing you a citation (a traffic ticket, for example), or 2) they want to arrest you but they don’t have enough information yet to do so.
Police can arrest you only if they have probable cause (see below) that you are involved in a crime. When you are arrested, the cops can search you to the skin and go through you car and any belongings. By law, an officer strip searching you must be the same gender as you.
If the police come to your door with an arrest warrant, go outside and lock the door behind you. Cops are allowed to search any room you go into, so don’t go back into the house for any reason. If they have an arrest warrant, hiding won’t help because they are allowed to force their way in if they know you are there. It’s usually better to just go with them without giving them an opportunity to search.
Reasonable Suspicion vs. Probable Cause
Reasonable suspicion must be based on more than a hunch – cops must be able to put their suspicion into words. For example, cops can’t just stop someone and say, “She looked like she was up to something.” They need to be more specific, like, “She was standing under the overpass staring up at some graffiti that hadn’t been there 2 hours ago. She had the same graffiti pattern written on her backpack. I suspected that she had put up the graffiti.”
Cops need more proof to say they have a probable cause than to say they have a reasonable suspicion. For example, “A store owner called to report someone matching her description tagging a wall across the street. As I drove up to the store, I saw her running away spattered with paint and carrying a spray can in her hand.”
Never consent to a search! If the police try to search your house, car, backpack, pockets, etc. say the Magic Words 2: “I do not consent to this search.” This may not stop them from forcing their way in and searching anyway, but if they search you illegally, they probably won’t be able to use the evidence against you in court. You have nothing to lose from refusing to consent to a search and lots to gain. Do not physically resist cops when they are trying to search because you could get hurt and charged with resisting arrest or assault. Just keep repeating the Magic Words 2 so that the cops and all witnesses know that this is your policy.
Be careful about casual consent. That is, if you are stopped by the cops and you get out of the car but don’t close the door, they can search the car and claim that they though you were indicating consent by leaving the door ajar. Also, if you say, “I’d rather you didn’t search,” they can claim that you were reluctantly giving them permission to search. Always just say the Magic Words 2: “I do not consent to this search.”
If the cops have a search warrant, nothing changes – it’s legally safest to just say the Magic Words 2. Again, you have nothing to lose from refusing to consent to a search, and lots to gain if the search warrant is incorrect or invalid in some way. If they do have a search warrant, ask to read it. A valid warrant must have a recent date (usually not more than a couple of weeks), the correct address, and a judge’s or magistrate’s signature; some warrants indicate the time of day the cops can search. You should say the Magic Words 2 whether or not the search warrant appears correct. The same goes for any government official who tries to search you, your belongings, or your house.
Infiltrators and Informants
Undercover cops sometimes infiltrate political organizations. They can lie about being cops even if asked directly. Undercover cops can even break the law (narcs get hazard pay for doing drugs as part of their cover) and encourage others to do so as well. This is not legally entrapment.
FBI and other government agents
The essence of the Magic Words “I’m keeping my mouth shut until I talk to a lawyer” not only applies to police but also to the FBI, INS, CIA, even IRS. If you want to be nice and polite, tell them that you don’t wish to speak with them until you’ve spoken with your lawyer, or that you won’t answer questions without a lawyer present. If you are being investigated as a result of your political activity, you can call the National Lawyers Guild at (415) 582-1055; they will help you find a lawyer you can talk to.
Whenever you interact with or observe the police, always write down what is said and who said it. Write down the cops’ names and badge numbers and the names and contact information of any witnesses. Record everything that happens. If you are expecting a lot of police contact, get in the habit of carrying a small tape recorder and a camera with you. Be careful – cops don’t like people taking notes, especially if the cops are planning on doing something illegal. Observing them and documenting their actions may have very different results; for example, it may cause them to respond aggressively, or it may prevent them from abusing you or your friends.
People deal with police in all kinds of circumstances. You must make an individual decision about how you will interact with law enforcement. It is important to know your legal rights, but it is also important for you to decide when and how to use them in order to best protect yourself
Cameron Park, CA – Nearly a year to the date after losing their Soviet style show trial for self-aggrandizing publicity against, Dan Dellinger, a government relations and political consultant often on opposite political sides of the District Attorney and Auditor-Controller, Joe Harn and Vern Pierson are at the center of a lawsuit filed this week in El Dorado County Superior Court. In this lawsuit, officially filed as “Dan Dellinger v. Joe Harn, et al” and assigned the number PC 20150251, Dellinger is seeking to collect $12,000 still owed him for work successfully completed for the Pioneer Fire Protection District in 2011and recovery of his expensive legal bills resulting from Harn and Pierson’s two year long bad faith prosecution of Dellinger. Joe Harn, the County of El Dorado, and the Pioneer Fire Protection District are named as defendants in the lawsuit; however, the complaint makes it clear that Harn has ignored the Fire District’s instructions to pay Dellinger.
“I want everyone to understand that the Pioneer Fire Protection District has acted honorably throughout my struggle to get paid by Joe Harn who is supposed to pay all of the bills authorized by the District,” said Dellinger, “so I included the District in the lawsuit very reluctantly and only on advice of legal counsel”.
“Before resorting to this lawsuit I tried to settle this matter with the County”, explained Dellinger, “but my own representative of the Board of Supervisors, Brian Veerkamp, refused to meet with me and the County’s high priced risk management office sent me an incorrect last minute form letter denial that makes me think they didn’t even bother to look into my payment requests”.
In addition to Breach of Contract against Harn, El Dorado County, and PFPD, the lawsuit alleges seven other civil charges or “torts” against just Harn and El Dorado County including Conversion, Deceit and Bad Faith, Abuse of the Grand Jury Process, and Bad Faith Prosecution.
Under California State law, the County would be prohibited from reimbursing Harn for any punitive damages awarded against him by a jury, however, as a District Attorney Pierson has absolute immunity from personal liability.
Dellinger had been falsely charged by Pierson and Harn of expending public money and public resources for express advocacy, receiving or granting a gift of public funds, and engaging in unfair business practices while assisting the Pioneer Fire Protection District place the Measure F parcel tax on the November 2011 ballot. Measure F successfully passed with a near 80% approval vote.
On May 22, 2014, a jury took only 47 minutes to return a unanimous 12-0 verdict clearing Dellinger of any wrongdoing.
Dellinger has a long history of political clashes with El Dorado County District Attorney Vern Pierson and his political ally EDC Auditor-Controller Joe Harn including helping elect EDC Sheriff John D’Agostini and others over Pierson and Harn’s strongly backed candidates.
SOUTH LAKE TAHOE, Calif. (MyNews4.com & KRNV) — The South Lake Tahoe Police Department is reminding motorists to Click It or Ticket. As part of a national seat belt enforcement campaign, law enforcement agencies around the country are stepping up enforcement May 18 through 31 — and will include one of the busiest travel weekends of the year.
“Every day, unbuckled motorists are losing their lives in motor vehicle crashes,” said Sergeant Shannon Laney, South Lake Tahoe Police Department. “As we approach Memorial Day weekend and the summer vacation season, we want to make sure people are doing the one best thing that can save them in a crash, buckling up.”
According to the National Highway Traffic Safety Administration, nearly half of the 21,132 passenger vehicle occupants killed in crashes in 2013 were unrestrained. At night from 6 p.m. to 5:59 a.m., that number soared to 59 percent of those killed who were unrestrained. That’s why one focus of the Click It or Ticket campaign is nighttime enforcement. Participating law enforcement agencies will be taking a no-excuses approach to seat belt law enforcement, writing citations day and night. In California, the minimum penalty for a seat belt violation is $161.
California statistics reveal that 500 unrestrained vehicle occupants died in 2013. Almost twice as many males were killed in crashes as compared to females, with lower belt use rates too. Of the males killed in crashes in 2013, more than half (54%) were unrestrained. For females killed in crashes, 41 percent were not buckled up.
“If you ask the family members of those unrestrained people who were killed in crashes, they’ll tell you—they wish their loved ones had buckled up,” added Sgt Shannon Laney. “The bottom line is that seat belts save lives. If these enforcement crackdowns get people’s attention and get them to buckle up, then we’ve done our job.”
For more information on the Click It or Ticket mobilization, please visit nhtsa.gov/ciot.
A El Dorado County sheriff’s narcotics deputy assigned to South Lake Tahoe has been jailed on felony drug charges after Douglas County authorities were called to his home Tuesday regarding a domestic dispute.
Arrested was Mark Zlendick, 47, a deputy with the El Dorado County Sheriff’s Office assigned to the South Lake Narcotics Enforcement Team, also known as SLEDNET, said Douglas County Sheriff’s Sgt. Pat Brooks.
After an investigation that led officers to a residence in the 1300 block of Centerville Lane, Zlendick, of Gardnerville, was booked into the Douglas County Jail on charges of possession of a controlled substance, trafficking methamphetamine, conspiracy and possession of paraphernalia. His bail was set at $55,640.
During the subsequent investigation, deputies located narcotics and paraphernalia.
Beware: The SLTPD is CORRUPT as SHIT, especially Sargent Shannon Laney who lies in court and get caught. We are calling for the corrupt DA to press perjury charges, but that is unlikely since the corrupt DA Vern Pierson and the corrupt cops are on the same team!
Always see if there is good cause to file a Pitchess hearings