You've been arrested - suggestions on what to do, to avoid

[planetaryjim]

Dear Friends,

On the IRS out of Keene thread, I started offering some advice on my jailhouse experiences to Tyler.  It occurs to me that an entire thread on this topic might be very well suited to "Civil Disobedience" since being civilly disobedient may at times lead to being put in jail.

There are a number of things one can do to avoid being arrested.  The ACLU offers a card which you can put in your wallet or in your car for ordinary traffic stops.  It has good advice, like, you should say, "I do not consent to a search."  I've very little to add on that line.

If you think you may be arrested later today, put on comfortable shoes when you leave the house.  Sneakers are best.  If you can keep your shoes clean and fairly dry, try to do so.  They may be your only pillow.  If you are unfortunate enough to be wearing very uncomfortable shoes when you are arrested, you are going to be miserable in jail. 

Dress warmly.  All the jails I've ever been in have been bone chilling cold.  I believe that's deliberate, as a way to reduce inmate feistiness.

Being courteous to your fellow prisoners should come naturally.  After all, they are victims of the police state, too.  I always try to be helpful, and have written quite a large number of letters for others.  In one jail, I was possibly moved ahead in the queue because the jailers were getting tired of the large volume of very courteous letters to judges and to the jailers requesting various things, often on constitutional grounds. 

It is my suggestion to be courteous to the jailers, as well.  These tend to be people who are really unhappy with their jobs.  Police and sheriff's deputies, by and large, dislike jailers, I'm told by various cops and deputies.  Jailers are also disliked by prisoners.  Being reasonably polite may help the jailer go easier on you and on other prisoners, that day. 

Insulting the screws when you are certain that only other prisoners can hear you may get you some points with them, but you should be extremely careful.  Most jail cells are bugged and have cameras in them, especially holding cells.  Some prisoners are trustees and will pass along anything they hear, hoping to get privileges or lighter sentences.  Your right to remain silent is yours to lose.

If you are allowed paper, try to get the names of the other inmates and note them down.  You may become their only friend on the outside.  Letters are always very welcome.  You may get out within a few hours, or a few days, depending on whether the jailers bother to let you communicate with anyone.  Some in county jail are there for years - they may be prisoners from state prisons which are overflowing due to mandatory minimum sentencing guidelines, etc.

You have no friends in jail when you arrive.  The other inmates are going to be friendly if you are, and insulting if you are, and some of these people are very violent.  I've been in county lockup on minor issues with men who were serving life sentences for murder.  So, don't go with the quick-witted insult and expect the same reaction as you get from your friends and neighbors. 

Well, those are some ideas.  Perhaps others who have been arrested have different ideas, certainly anyone should have better.

Regards,

Jim

[Insurgent]

On a somewhat related note, I carry this in my vehicle at all times to hand to a cop if I am pulled over:

Officer, please understand:

I refuse to talk to you until I consult with my attorney. I also refuse to consent to any search of these premises or any other premises under my control, or in which I have a possessory, proprietary, or privacy interest, including my car, my body, or effects. I hereby demand to immediately be allowed the reasonable opportunity to obtain the advice of my attorney by telephone.

I desire to exercise all my rights guaranteed by the Constitution of the United States and the Constitution of the State of New Hampshire, to be free from your interference with my person or affairs.

If you attempt to question me, I want my lawyer present. I refuse to participate in any line-up or to perform any physical acts, or to speak or display my person or property at your direction, without first conferring with my lawyer.

If I am under arrest, I wish to invoke and exercise my Miranda rights. If you ignore my exercise of these rights and attempt to procure a waiver, I want to confer with my lawyer prior to any conversations with you.

If I am to be taken into custody, removed from my present location, or separated from my property, I request a reasonable opportunity to make arrangements to secure my own property. I do not consent to any impoundment or inventory of my property. I do, hereby, waive any claim of liability for loss, theft, or damage against you, your superiors or any other authority, and agree to hold all harmless therefrom, if I am afforded the reasonable opportunity to arrange for the safekeeping of my own property. If this reasonable opportunity is denied or is unavailable, I demand that only such intrusion occur as is minimally necessary to secure such property, hereby waiving any claim of liability for your failure to scrutinize the property or its contents prior to it being secured.

If I am not under arrest, I want to leave. If I am free to leave, please tell me immediately so that I may go about my business.

[Quantrill]

So what kind of responses do you get when pulled over, Insurgent?  Do the cops just hand you  a speeding ticket  without you speaking to them?   

As for getting pulled over:  Never consent to a search and if you have been drinking a lot sometimes it's better to refuse to take a breathalyzer test.  You will probably lose your license (in most or all states) but at least you won't have a DWI on your record.  When the cop has you follow his finger back and forth there are certain things he/she looks for.  When the cop's finger is all the way to your left or right, you'll notice he holds it there for a second or two.  Most drunks will anticipate his finger moving continuously and will start to twitch their eyes (or may do so involuntarily).  If you can zone in on the finger and make sure you follow, not lead then you should do fine.  (Not that I would advocate driving drunk but the BAC needed for conviction is so damn low if you've had more than a couple drinks in 1 hour then you prolly won't pass a breathalyzer).  I've had cops come up with some pretty silly things to do to 'prove' my soberness and I make sure they do it first so I know what they're asking me to do (walking in a line and making certain motions while doing so).

Often the cop will try to search your car (it doesn't hurt him to ask and he's all about finding more things to bust you on).  As I mentioned, say no.  His next line will be "if you have nothing to hide then you won't mind my searching."  My typical reply is along the lines of "It's because I have nothing to hide that I don't want to waste my time or yours"  or sometimes "because we live in America not China and I don't like being told I must prove my innocence." 

Apparently there are some laws about recording officers in NH that I'm not familiar with (anyone, anyone?)  But there is nothing wrong with carrying one of those cheap tape recorders from Radio Shak in your car and pulling it out when pulled over.  If you keep it in plain view and let the cop know you are taping him, I don't see how that could possibly be illegal.  It's not "wiretapping" because it's your property in your car and he is aware of what you are doing.  Even if it can't be used in a court of law, I would still record what transpires and if the cop gets out of line then I'm sure the Union Leader or a News Station would like to get ahold of it.

As far as jail, I've been there a couple times (hasn't everyone?  that's the purpose of laws.  so we break them and the poor among us spend time in jail [I'm no felon though]).  Don't mention why you're there.  Don't talk back to the jailers.  Be indifferent.  Take a hot shower any chance you get as it may not be often.  Depending on where you're at they may keep the lights on in your cell most/all of the time.  I used my blanket like a cocoon to keep the lights out of my eyes.  Learn how to play dominoes.  If you guys want I can post a recipe for Pizza that you can make with available items on "comissary"  (chips, ramen noodles, summer sausage etc...).   

[Insurgent]

I haven't gotten pulled over since I've started carrying that card, over a year ago since I lived in MN and now in NH. Looking at the back of my vehicle might cause the officer to pause and reconsider. If I do get ticketed, though I fall back on the resources of the National Motorists Association www.motorists.org to help fight the charge.

As far as jail is concerned, I've never been there. What we learned in gun-carrying class in MN, though is that you should never discuss your case with anyone as they are likely a snitch or informant.

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[Quantrill]

NICE!  (+1)   

I've used the NMA before too! 

Hey what does that sticker say - Proud ??  American?  I can't read that one...

[Insurgent]

NICE!  (+1)   

I've used the NMA before too! 

Hey what does that sticker say - Proud ??  American?  I can't read that one...

It says "Proud to be an American" and has the infamous picture of the vicious dog lunging at a Muslim prisoner in orange.

You've used the NMA before? You're a member? I push them every chance I get because they are the only motorist rights organization left. AAA has sold us down the river but the NMA is a completely libertarian organization. www.motorists.org

[error]

AAA has sold us down the river but the NMA is a completely libertarian organization. www.motorists.org

Well, mostly libertarian, anyway. Still about the best you're going to find right now.

[jaqeboy]

AAA has sold us down the river but the NMA is a completely libertarian organization. www.motorists.org

Well, mostly libertarian, anyway. Still about the best you're going to find right now.

Insurgent's being modest - If you come to AltExpo at the NHLF, he'll sign you up as a NMA member - another one of those "vote with your dollars" choices we're hawking!

[Insurgent]

AAA has sold us down the river but the NMA is a completely libertarian organization. www.motorists.org

Well, mostly libertarian, anyway. Still about the best you're going to find right now.

Insurgent's being modest - If you come to AltExpo at the NHLF, he'll sign you up as a NMA member - another one of those "vote with your dollars" choices we're hawking!

True, Jack. Anyone who drives or knows anyone who drives should consider joining the NMA for any multitude of reasons. I can sign up a new member for a discounted rate of $25 at the expo with payment upfront. I can't stress enough that this is the only motorist-rights organization who is fighting on our behalf.

Voting with our dollars is the only hope we have, so let's support those who fight for our rights.

[planetaryjim]

Yes, never discuss your case with anyone in jail.  Never solicit information about someone else's case, as they may get the idea that you are a snitch.

Asking "what are you in for" can be a sort of pleasantry.  It is not an invitation for details, though.  Give details at your own risk, and never press anyone for them. 

You are in jail until you get out.  You are not there to make friends, acquire a deep insight into someone else's business, or have any sort of epiphany.  I've made friends in jail, and I've gotten to know a lot about some of the cases of those inside, but let that happen as it may.  Don't get yourself a reputation for being inquisitive, because that spells trouble.  Just be pleasant, and let the other guy tell you what's on his mind.  Chances are, that'll be more than you wanted to know anyway.

[Insurgent]

I've been driving profesionally since I was 19. That just means that I get paid to do it, not that I'm a NASCAR driver!

A cop once tried to take a sign from me, but later ended up having to give it back. This happened a couple years ago when I shut down a speed trap in my native Minnesota.

The cops had at least six squads all parked on a traffic island at the bottom of a hill where the posted speed limit is 30mph. One officer would stand in a lane of traffic and shoot the laser at vehicles as they came over the crest of the hill then would stand there and make the vehicle stop and pull off to the right turn lane. Then the next cop would take his place and repeat. They even had a tow truck on premises so that they could tow vehicles after going on a "fishing trip."

After getting stopped and ticketed there, I went home and made a large sign that said "Speed Trap Ahead $" got on my bike and rode back to the scene of the crime. I stood on the sidewalk at the top of the hill and held the sign while motioning for motorists to slow down. For 45 minutes I essentially shut the trap down, then a Minneapolis cop came rolling up.

The big orangutang demanded to see my license, but I responded that I wasn't driving. At that he point he barked "let me see it anyways!" Since the Supreme Court had just ruled that one can be arrested for refusing to identify oneself on the street, I complied. He also demanded my sign, as evidence.

He sat in his squad for ten minutes running my license and talking to dispatch to see what they could cite me on. Eventually he came back and returned my license and sign. He said that I might be getting a ticket in the mail for "distracting traffic" but I replied that I wouldn't be receiving any such ticket as I was well within my rights to be doing this.

He remarked that I seemed disgruntled and that there were other ways to protest. I reminded him that what this speed trap was about is raising revenue for the City of Minneapolis, not about safety. He didn't like that so much; yelling that "we do this to change driving behavior!"

By that point it was getting dark and it looked like the cops were wrapping it up, so I left. In that span of 45 minutes I figure that I "cost" the City of Minneaplois at least $5,000 in lost revenue based on the number of cops , the number of motorists they had pulled over and looking at the officer's log book.

The only way we can fight this is to make them lose money. Money is what it is all about.

The NMA is here to help, on a number of issues; check them out at http://www.motorists.org

[error]

I swear I've heard that story somewhere before.

[Insurgent]

I swear I've heard that story somewhere before.

You have heard that story before because I may've posted something like it before. I honesty believe that an uprising of motorists will shut down the current situation since only 5% of motorists who are ticketed fight their tickets; of those 50% win. Yes, you read that right. We have nothing to lose by fighting our tickets.

[lordmetroid]

Just keep your mouth shut and don't even respond with body language... Don't say anything until you are in court!

[Kat Kanning]

Re: cold - I was sorry that I gave up my sweatshirt when they asked me to take it off.  Then I was just stuck in a t-shirt, and I was cold.  I wouldn't take off anything voluntarily again.

I liked this site that was floating around here earlier.  Russell was reading it when the feds came in and threw him down.

http://goingtojail.embassyofheaven.com/