However, the police do not have absolute authority and they are as subject to the law as you and I am.
To help protect you from being walked over by the cops, here is a statement you can make to the officer that pretty clearly states your wishes and that they need to allow you representation as the law requires if you ask for it. And do not, under any circumstances, allow the police to tell you what is best for you. They are not paid to look out for your best interests, your lawyer is. And don't allow yourself to be persuaded by the old ridiculous saw "If you've got nothing to hide then you should allow me to search your car". That's crap and it presupposes guilt which is the antithesis of the American Way (you know, innocent until proven guilty).
So here we go.
I refuse to consent to any search of my premises, the location of my arrest, my car or effects. I wish to exercise my Fifth and Sixth Amendments to remain silent and to have my attorny present during any questioning or lineup. If you ignore my exercise of these rights and attempt to procure a waiver, I wish to confer with my attorney prior to any conversation with the law enforcement agenst on the subject of the waiver.
The Fifth Amendment pertains to Due Process and the Sixth Amendment pertains to rules for prosecution in federal courts (which I don't really see as all that applicable in the instance of a traffic stop but I didn't write the refusal to submit to search that I posted above, I got it from a local lawyer's office).
I am not advocating trying to keep the police from doing their job but I am advocating that you stand up for yourself and do not allow your rights to be circumvented by a cop trying to avoid paperwork or to get a bigger fine levied against you.
Know your rights and help to protect yourself. And there's more info you can use over at Flex Your Rights. Where they have an excellent page detailing exactly what to do if/when you get pulled over. And they invoke Fourth Amendment Rights, those that prohibit illegal search and seizure.
Tags: know your rights, police, coersion, Fourth Amendment, Fifth Amendment, Sixth Amendment
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