Get Out of Jail Free Card

[hassysmacker]

"I found this card on an activist website, you're supposed to print it out and carry it around in your pocket when you'd rather not speak to the police (which for a lot of people is always) and if a police officer questions you about anything you're supposed to recite to them whatever you can remember from the card and ask them if you can give them the card. You don't just whip it out and give it to them without their knowledge unless you want to risk the consequences of whipping something unidentified out in such a situation. Good luck not getting shot. Anyway, the purpose of the card is to invoke all of your rights upon contact with the police officer, so that later they can't say that you gave them any information voluntarily, which is how people are usually (in my experience) arrested - tricked into saying something they shouldn't to a cop when they had the right not to, or consenting to some kind of search because they think to consent makes them look more innocent to the cop, or because they're intimidated, or whatever.

The point is that there are legal rights that we all have until we voluntarily give them up by consenting to some kind of search or by answering questions we're not obligated to answer. Of course, police often search or intimidate us to answer questions with or without our permission, but the difference is that the people who know their rights and invoke them at the outset don't have charges brought against them, or the charges are dropped. When it's without consent or probable cause a search or interrogation session is illegal and therefore any information or evidence obtained from it is inadmissible in court. Also, a lot of times it just ends the encounter with the police officer right away when you open with "I'm invoking all my rights...If I am not presently under arrest or under investigatory detention, please allow me to leave..." Lots of times they do just that. In any case, you have a better chance than by playing innocent sheep, answering questions and consenting to searches, no matter how buddy-buddy or intimidating the cop may seem. Here's the card in it's original formatting; front above the dotted line and back of the card below:

I hereby invoke and refuse to waive all of the following rights and
privileges afforded to me by the U.S. Constitution:
• I invoke and refuse to waive my Fifth Amendment right to
remain silent. Do not ask me any questions.
• I invoke and refuse to waive my Sixth Amendment right to an
attorney of my choice. Do not ask me any questions without my
attorney present.
• I invoke and refuse to waive all privileges and rights pursuant
to the case Miranda v. Arizona. Do not ask me any questions or make
any comment to me about this decision.
---------------------------------------------------------------------
• I invoke and refuse to waive my Fourth Amendment right to be
free from unreasonable searches and seizures. I do not consent to
any search or seizure of myself, my home, or of any property in my
possession. Do not ask me about my ownership interest in any
property. I do not consent to this contact with you. If I am not
presently under arrest or under investigatory detention, please allow
me to leave.
• Any statement I make, or alleged consent I give, in response
to your questions is hereby made under protest and under duress and
in submission to your claim of lawful authority to force me to provide
you with information.

It's supposed to fit on a business card size. Oh yeah, and don't refer to it as your "get out of jail free" card when speaking to the officer; that could be construed as probable cause - like some kind of admission of being guilty of a jail-able offense."

 

[Gudj]

You should let us know if anyone has gotten out of being hassled by using this.

The only experiences I have had with invoking my "rights" have shown that it really does help to say you do not consent to a search, and not much else while being fucked with. Especially if there is a witness present that will verify that.

 

[bote]

i said i wouldn`t consent to a search one time and got slamed on the trunk of a cop car, etc. told i might get the cavity search, etc. Better to stay away from those guys if you can.

 

[dirtyfacedan]

Wow...a card like that would prob get the shit beat out of me. I always refuse to be searched...if they can they will anyways. If they are going to arrest me...they will anyways. I never volunteer info, nor let them walk all over me. I'm also not a prick to them.... and i most often get to walk, with my stuff.

 

[Mouse]

I've heard that denying them a search can be seen as probable cause and gives them the right to search you.

liek saying "no, you can't search my car" means "I'm hiding something" so they can search it despite you saying no.

 

[veggieguy12]

Mouse, that is not true. Take it from this non-lawyer!

 

[hassysmacker]

Yes, the unoffical disorganization of non-lawyers made up of veggie and myself say that is 5000% not true...but something that the cops of the world would love to keep you believing!

They may pull some ludicrous bullshit, but something like that as a reason for search specifically would never hold up in court!

 

[yarn and glue]

I think I'm with dan and mouse on this one.

While searching a detainee's gear after the detainee states, flat-out, that they don't consent to a search, is not constitutionally legal . . . it has been known to happen on occasion. And when you're in the middle of nowhere with no witnesses, the actual legal facts don't matter as much as the maxim: don't be aggravating to a cop on a power trip.

I'm not saying that I wouldn't invoke and refuse to waive my rights, in certain situations . . . but only after the exchange has already escalated to a point where I no longer have the option of "appeasing" the cop through less aggressive tactics. In my experience, bringing up rights upon merely being questioned about anything is, as has already been pointed out, HIGHly suspicious.

That being said, the card and the information contained on it isn't necessarily useless -- it's a good card to hold, as long as you have a conservative strategy for when and where you play it -- not just any time a cop questions you, ever.

Especially useful when there are witnesses present.

 

[Dameon]

Easiest just to know what rights you have and know when to strategically invoke them, I think, than to immediately present an aggressive front to a cop by reciting a memorized spiel the instant the cop tries to say anything to you. If I have nothing to hide, and a cop has a good reason (ie, they can find a law I'm breaking) to run my ID, I'll let them. I'll generally consent to a search of myself if I'm not carrying anything I shouldn't, but never to a search of my pack (and I've never had it searched, even while I'm being arrested). It's unfortunate that we have to submit to their power plays and harassment, but frankly, it's be smart about it or get arrested/ticketed for anything they can think of, and occasionally, get your ass kicked.

 

[Gypsybones]

ok so I used to be in the army and every time I come into a situation that I have to deal with the po po I just revert back to army mode.
I stand at the position of parade rest, answer every question with "yes/no officer" make sure your letting the cop know he is fully (and I cant stress this enough) in charge. no matter how much your in the right or how much of an asshole he is make him feel he has full power over you.

copping and attitude will get you into trouble and is pointless!!!
now knowing your rights is the right idea but don't just start resiting them and refuse questions right off the bat. your wits are everything.

and as formerly stated don't volunteer info, just go with the yes/no officer and only answer questions as asked. now if you where doing something wrong word it differently or if your not good with thinking on your feet just act too dumb to be any kind of threat.

if you got drugs on you thats your fault and if their gonna bust you there is nothing you can do about it. if they ask just admit you got a bag of some shake on you (cause we all know the will search you no matter what if your not in a public place) most of the time they will (if your not an ass and/or have controlled the situation) they are just gonna take it and throw it down a gutter or something.
(oh and if you got junk fuck you get busted you fucking fucks)

 

[mksnowboarder]

Everyone should know those rights, but like others have said, flashing that card and reciting your spiel is just going to appear confrontational.

Best method for dealing with cops:

1. Officer stops you and says something.
2. Ignoring whatever the officer said, you reply, "I'm in a hurry right now. Am I being detained, or am I free to leave?"
3. The officer, by law, must tell you if you are being detained. If you are not, just walk away.

mike