Absent Mindedness...

Monday I saw one of the most absent minded things I've seen in a long time. A blind man was walking through Baltimore Penn Station. After his white cane accidentally bumped a lady in the leg. He then proceeded to politely ask her a question.

Blind Man: "Excuse me, could you show me where the coffee shop is?"

Lady: "Yea... It's right over there!" [she then proceeds to point the direction]

Absolutely Horrible!!

I know I haven't blogged in a while. I have been really busy.

I came across this article, today, and had to share it.... What a horrible thing to do!!

http://www.glamour.com/health-fitness/2008/10/she-said-she-had-breast-cancer-but-she-lied

She should be ashamed of herself!!

Sign Your Ticket!

I was recently speaking to my brother-in-law about my last post; Know Your Rights. He posed a very good question about why police officers ask you to signing a ticket after they issue it to you. I didn't have an answer for him then but I felt it was a very good question, so I looked it up.

A traffic ticket is a summons to appear in court. By signing the citation, you are not admitting guilt. By signing, you are saying you will appear in court on the date indicated on the citation to defend yourself against the charge. In a sense, the signature works as an 'Own Recognisance' bond, if you refuse to sign, you can be arrested. You are then presenting yourself, to the court, in lieu of presenting a signature. You can avoid court by, pleading guilty and, paying the fine in advance.

If you feel that a police officer is violating your rights, do not get confrontational with them; file a formal complaint, sight their actions to the court or file a motion to dismiss any charges brought against you. In any case, any grievance you have, with a police officer, should be argued in court; and never on the side of the road.

Know Your Rights

While police officers are sworn to uphold the law, most police officers don't know what the law actually says, they, merely, uphold what "seems to be" the law. Police officers are trained to follow "Procedure", not "The Law", it is important to understand that while procedure, generally, conforms to servicing the law, they are not the same thing.
Police are also trained to be very authoritative. This is done in order to control a situation and ensure their safety. For most people, the authoritative nature of the police is very intimidating and in many situations, including routine traffic stops, citizens, unknowingly, waive the rights that are guaranteed to them by our Constitution and "Bill of Rights".

It is important to know that when being pulled over there are certain actions that can be taken, on your part, to ensure your rights are not violated.

1) Hide your stuff. Anything of yours that you feel is private (legal or illegal) should be out of sight! Police do not need a search warrant in order to confiscate any illegal items that are in plain view.

2) Only roll down your window a few inches. Police will often use a fully rolled down window to peer their head into a car to try and see if anything is out of the ordinary (see rule 1), or to try to get a whiff of any smells that are in the car (e.g. Pot, alcohol). If a cop says, that he believes, he smells Marijuana in the car, then he gains "Probable Cause" to search your car without a warrant. You do not have to give a police officer an opening to exercise a probable cause search. You only have to roll down your window enough to hear what the officer is saying and to hand him your drivers licence and registration.

3) When the Police officer first approaches the vehicle, they tend to ask "Do you know why I pulled you over?" This is a trick question! Because if you say "Well, I guess I was speeding!" You have just admitted guilt, and have just waived your 5th Amendment right, not to incriminate yourself! This is bad, if you have any interest in fighting the traffic citation in court. If asked that question, always say "I don't know officer, why did you pull me over?" But the best approach is to immediately ask "Why did you pull me over officer?" as the officer approaches your window, in order, to avoid this mind game the police like to play.

4) If the officer asks you to step out of the car, do so, but, make sure to roll your window up and lock your doors, an open car door can be an invitation for a police officer to weasel their way into performing a search (see also, rule 2).

5) If all of these precautions are taken and a Police Officer says "I'm going to need to search your vehicle!". You need to understand that THIS IS A REQUEST! You have every right, under the 4th Amendment, to say "NO!" If he says something like; "You don't have anything to hide, do you? So, there's no problem with me checking your car?" You still don't have to consent to a search! Simply say; "I do not consent to any searches, of my private property!" People tend not to realize that, a Police Officers 'Hunch', that you're up to no good, is NOT enough Probable Cause to conduct a search. And It would be unlikely that he would get a warrant based off of a hunch either. (In this instance, the Police officer WILL attempt to bully you into allowing him to conduct a search)

6) After the officer realizes that you will not consent to a search, ask the Cop; "May I leave officer, or am I being detained?" You have the right to terminate an encounter with a police officer unless you are, officially, being detained under police custody or have been arrested. In which case, you have the right to know why your being detained. In this case, you should then proceed to exercise your right, not to say another word until a attorney is present.

7) Never disrespect a police officer, Never fight back or run from an officer, Never raise your voice to an officer. Show your identification if it's requested. Be respectful and non-confrontational. Refer to the police as "Sir," "Ma'am," or "Officer." Remain calm and quiet while the officer is reviewing your documents. If the officer writes you a ticket, accept it quietly and never complain. Listen to any instruction on paying the fine or contesting the ticket, and drive away slowly.