Lucas First thing is "always".."I do not consent to an investigation".
Why is this so hard for so many to realize? Not being arrogant, just
that I've posted this a zillion times & still see people NOT using
it at the onset.
Ok so "why" you ask? Because of "commerce".
Police have the "legal right" to "assume" a Superior standing on the highways, initially. It is impossible for them to "tell" if you are a "private traveler" or a "commercial driver". So they have this legal right to "assume" you are a "driver".
What is the first thing they do? They ask you either "license and registration, please" -or-" Do you know why I pulled you over?" Usually. So what does this mean? ALL of it is nothing but them doing an investigation of a commercial activity.
As they assume you are in COMMERCE, they then PROCEED, "as if" you are in FACT a commercial driver UNLESS you say otherwise. Assumption, if not rebutted, stands as fact.
Now the REASON you say "i do not consent to an investigation" is
because IF you answer a question and then AFTER that refuse, you just
"hindered an official investigation".
You started to be under
his jurisdiction, then you stopped, hence he is right in taking you to
jail, if he so chooses.(though we know this is b.s.)
"do not consent" FIRST, then you are STARTING from a place not UNDER his
investigation.NOTICING him of YOUR STANDING and that it is IN LAW.(The
5th-your now using it-he knows this..)
The next thing you could
say is, "I am not for hire and I am not DRIVING as defined by the
Supreme court of Federal definition, under the motor vehicle code, I am
Now he CANNOT ASSUME.
You rebutted his assumption and he has NO FACTS or MERITS to warrant satisfying his "initial COMMERCIAL query" of .....?
"WTF are you doing with an "expired tag, blown headlight, loud muffler,
speeding, renning a red light",....you commercial DRIVER you.? " lmao
If you do not SPEAK UP then you are under his jurisdiction by assumption.
If you hand him your "commercial drivers license & commercial
registration' then you are SAYING TO HIM, by YOUR ACTIONS that you are
in FACT, the commercial person , he ASSUMED you to be initially
You have a RIGHT to travel and a privilege to do commerce. So WHICH "person" are you?
You CANNOT say I am ONE person, this is not true. It is ONLY true in
your ignorance that there are REALLY, TWO systems in play on the roads.
One is traveling privately and one is driving "for hire", or in commerce.
Another thing that gets me is when they say.. "Could you please step out of the vehicle..?" CAN you see this...?? WORDS have LEGAL and LAWFUL ..? MEANING..!!!!
A vehicle is a "commercial term" and when you step out then you just admitted the car/truck etc is in FACT a "vehicle".
Ok so what if he asks,"Could you step out of the car, please?"
First: He is asking and you are not being told to do anything.
Second: If you step out you just walked into his jurisdiction, abandoning your car on the road, it is now subject to seizure. You also, by agreeing are CONSENTING to HIS investigation, again. Worse still you JUST ADMITTED the car, truck etc is in FACT a MOTOR VEHICLE....sigh
Unless he INITIALLY TELLS you to do something, you do not have to do it.
I see videos all the time where the cop ASKS them to get out and the
person is knowledgeable enough but makes the ERROR to ASK the
officer.."Are you telling me to get out?"
This is ENTIRELY STUPID AS HELL. WHY in the world would you ask him that?
First: By asking it shows you are afraid of what he MIGHT do, before you make your choice.
Second: This shows HIM, you do not REALLY know your rights. Otherwise
you wouldn't ASK him what are your options, or what CAN he do as you
would KNOW the law.
Thirdly: You would do as you should do and
say something like, "Again officer, I am traveling privately & have
no BUSINESS standing on the road and unless your accusing me of a real
crime, I need to be on my way."
In any case if he TELLS you to
get out of the car. Get out, lock the doors, put the keys in your
pocket, then look at him and say IF you do a TERRY patdown , as the law
provides FOR your safety ( This lets him know that YOU know the Law)
Then say,..and as the law states... DO NOT GO INTO MY POCKETS."
Then remain silent and do not say ANYTHING, silence is best as he only
has about 15-20 minutes to harass you and he usually WILL harass you,
threaten you, yell at you, etc..He will even call in backup to threaten
you, tell you it is SERIOUS and it is CRIMINAL.....but this is ALL TOTAL
BULLSHIT. It is a freaking driving offense if anything, which is NOT CRIMINAL It is administrative. On any question, simply say at this point...am I free to go? but don't over do it...he now KNOWS you want to go and the best thing..is to STFU and WAIT.
WHY is it so hard for people to just WAIT? Quit interrupting his ass
and trying to make drama. He knows NOW that YOU know the law and he know
the law (enough at least) ...so CHILL
He cannot just break the
law and he damn well knows it, if you respect him as well, he will
usually see you as sane and it'll be over quicker for you. If he breaks
the law don't let it be because you were giving him REASON to do so.
If he tells you to shut up then do so and remain silent.
Silence is your 5th amendment right and once you say "I do not consent"
at the onset, then WHY would you try to talk IN HIS investigation
Do not CONSENT. IT means YOU have to NOT consent.
It means NO. IT means YOU KNOW THE LAW and the LAW defends you, despite what he says or does.
NEVER answer his questions, always ask him are you free to go...as you
have ALREADY told him, noticed him, that YOU-DO-NOT-CONSENT, which means
you WILL NOT answer his questions as they are in FACT HIS
investigation. ( sigh...)
If he breaks the law during the stop or harms you then you can sue him. Provided you live to tell about it.
ALSO... If he tells you to put your hands on the car, does the terry pat-down and THEN tells you to STAY in that position, do so.
He is doing this for HIS safety (not really but that is his excuse) and he has a right to do so UNTIL the stop is over.
WHEN you disobey, then you show that you are "threatening" to an officer and that is when he turns it into a criminal activity.
When you do this, he then has reason to believe you are "right then" starting a new crime, against him.
Every LITTLE change in talk or physicality of a stop, determines the
--------"NATURE"------- of HOW the POLICE sees YOU and how he can or
cannot PROCEED against you.