Results 1 to 11 of 11
  1. #1
    Sr. Member
    Join Date
    Nov 2018
    Posts
    726
    Thumbs Up
    Received: 765
    Given: 195

    Exclamation Some common legal myths and misconceptions of the US


    0 Not allowed!
    1. A police officer does not have to reveal that they are an undercover cop if you ask them in any state of the USA, when they're undercover. There is no such law mandating them to do that. It defeats the purpose of being undercover. I'm seriously tired of kids and some adults constantly not giving it much thought regarding this or searching it up in google.

    2. You cannot shoot anyone in your property if you ask them to leave and they stay on your property. Rather, call the cops. Self defence is a proportional thing. You cannot decide to shoot someone unless your own life is threatened and there are few statistical probabilities that such a thing will happen so don't shoot or be trigger happy at the opportunity when someone is being a jerk. House breaking are valid reasons to shoot someone but again, not if the person is fleeing and not if someone is arguing with you on your front porch or lawn or driveway and doesn't threaten your life. Only those situations that bring up a reasonable apprehension of death justifies you using force to save your life. Also unlike cops which are indeed very much and very statistically trusted more by judges or judges and juries are less willing to convict, a private citizen being trigger happy even in the right situation would entail in the long legal process of proving justified use of the gun. Best to avoid using a gun unless and until you're at home and someone may break into your house.

    Those who are easily frightened and anxious when others confront them should not wrongly view situations as justifying them to shoot or get aggressive with guns. Take care of your mental health before trying to be stupidly macho with a gun.

    3. Don't argue with a cop or start being aggressive when they ask you to comply with their orders to search your person (your body and pockets and bags) or even your car or house. Although when searching properties (houses and land), cops do come with a search warrant to avoid legalities, search warrants are not required in all scenarios. When a cop has a reasonable suspicion that a crime is immediately about to be committed or when he is in hot pursuit or when they have a reasonable suspicion that crime is being concealed or even taking place at that current time or that evidence of a crime may be destroyed soon, they can force entry into any property or land. Don't act over smart or start saying that they need to talk to your lawyer. They also know the law, a bit of it to the extent that helps them do their duty.

    4. Cops should not and cannot stop you from recording them in public, unless in a high security zone like near a military base or cantonment or unless you are the person being arrested and they need to handcuff you. In the market area or highways, if cops get aggressive by you filming them when they're making an arrest of someone else, and they get aggressive and try to take your camera away, please tell them that you'll not only sue them but also file charges of crime against them. I don't know why is it that quite a number of americans keep using the word sue. That is a civil suit. To get money. The guilty cops will get suspended and not a dime from their pay may even go to your money even if you win the case. It'll come from the departmental money and tax payers.

    Nothing wrong with trying to capitalize on the wrong done to you but instead of just using the word 'sue', say it out loud that you'll file charges of crime against the cop. And actually do that if they do end up assaulting you or the camera you hold, if you're ready to follow up on the legalities. That'll scare them as that makes the cop personally liable under crimes. Civil suits just lead to a large sum of money being dished out from the department's account. You can simultaneously file charges and file civil suits. Usually though, what will happen is that if you are surely going to win, they'll ask you for a settlement to drop charges in crime and take a lumsump amount of money for the wrong done to you by the cop.

    Okay, that's about enough for today and I think I've covered some major points here.

    I am not going to give any free legal advice for more technical issues and for any person accused of a crime. I just wanted to give some general legal points.

  2. #2
    Sr. Member
    Join Date
    Nov 2018
    Posts
    726
    Thumbs Up
    Received: 765
    Given: 195

    0 Not allowed!
    Also, always be calm and cool and talk politely when dealing with a cop. You don't have to kowtow or butter them up like a shameless sycophant or a sly double faced person but just be normal, unassuming, calm in facial expression and body language and be stoic. Trust me, some cops are also emotional wrecks or quick to anger and irritation and unintentionally antagonizing them with words or body language is stupid. If you run or don't comply, it means you have something to hide. The cop isn't going to explain or reason with you on the spot. They've been trained to act in a jiffy and acting in a jiffy with haste can lead to mistakes. They're not going to tell you that you have something to hide and thus, shouldn't run. They'll just tackle you to the ground and handcuff you. They won't be easily charged too because what they did was in exercise of their duty. Unless they do something that can't be considered a part of their duty but don't take your chances.

  3. #3
    Hero Member bnm73's Avatar
    Join Date
    Dec 2014
    Posts
    1,597
    Thumbs Up
    Received: 2,208
    Given: 178

    0 Not allowed!
    Wow. Some of what you wrote is generally correct, some of it is sometimes incorrect (depending on the jurisdiction, especially re: the so-called "castle doctrine," for exapmple), some of it is not the kind of advice anyone with a J.D. would actually give a client, and some of it would compromise 4th, 5th, and 6th Amendment claims for illegal police activities.

  4. #4
    Sr. Member
    Join Date
    Nov 2018
    Posts
    726
    Thumbs Up
    Received: 765
    Given: 195

    0 Not allowed!
    Quote Originally Posted by bnm73 View Post
    Wow. Some of what you wrote is generally correct, some of it is sometimes incorrect (depending on the jurisdiction, especially re: the so-called "castle doctrine," for exapmple), some of it is not the kind of advice anyone with a J.D. would actually give a client, and some of it would compromise 4th, 5th, and 6th Amendment claims for illegal police activities.
    Castle doctrine is subject to reasonable restrictions. It is a concept that can be invoked but there are other concepts that are applicable too. All this, stand your ground concept, whether adopted in your state or not and all that are subject to also not provoking the other side, and use of deadly force always always comes with restrictions. Self defence, if not proportional may entail in legal complications and you may get rejected for private jobs or even in the govt sector later on. Be cautious. I gave general advice applicable everywhere. Your best bet is to follow it to avoid legal complications. And no, it won't violate this or that amendment, it all depends on the facts and circumstances. Trust me, all this doctrine and that doctrine are never absolutes. Never. You cannot shoot someone in your property if they refuse to leave, unless the circumstances threaten your life. Some incidents you've read about in the news may have given the wrong impression because the reports don't follow up on the case, but you'll see that some trigger happy people were convicted or punished in some way later on.

    Trust me, there are some situations, that you're better off calling the cops instead of banking on unwritten doctrines or concepts that you wouldn't want to go through with so many other legal complications.

    Oh yes, about illegal police activities, unless you have a good way of pointing out malice in law, cops will hide behind the legal doctrine of having done certain things "as part and parcel of the exercise of their duty" which is again, something you'll have to prove against unless, you're lucky and what they did was blatantly and out rightly unnecessary.

    Remember, there isn't a absolute yes or no, in the legal field. As some tiny facts and circumstances can turn a case around and when giving legal advice, one can't possibly foresee every loophole or legality so I've given the best general advice there is, to follow. Sometimes this or that, would be bringing in new facts and circumstances which changes the situations I've spoken about.
    Last edited by albertin; 21st January 2021 at 06:37.

  5. #5
    Hero Member bnm73's Avatar
    Join Date
    Dec 2014
    Posts
    1,597
    Thumbs Up
    Received: 2,208
    Given: 178

    0 Not allowed!
    Sorry, but I'm not gong to be advised by someone who thinks it's a good idea give up their constitutional/civlil rights and duties, including those involving privacy, the right to be secure in one's person and papers, the right to counsel, etc., like your original post indicates. In US law, failing to invoke your rights means you waive them. I get that you might be trolling, but it's dangerous trolling if that's the case.

  6. #6
    Hero Member dynoman's Avatar
    Join Date
    Jun 2013
    Posts
    1,948
    Thumbs Up
    Received: 2,679
    Given: 1,484

    0 Not allowed!
    America; home of the brave and free of consequences!
    He hates me, I like that

  7. #7
    Sr. Member
    Join Date
    Nov 2018
    Posts
    726
    Thumbs Up
    Received: 765
    Given: 195

    0 Not allowed!
    Quote Originally Posted by bnm73 View Post
    Sorry, but I'm not gong to be advised by someone who thinks it's a good idea give up their constitutional/civlil rights and duties, including those involving privacy, the right to be secure in one's person and papers, the right to counsel, etc., like your original post indicates. In US law, failing to invoke your rights means you waive them. I get that you might be trolling, but it's dangerous trolling if that's the case.
    I never implied giving up any of those. I'm just giving a word of caution. Also, there are times when if one acts resists a search, that shows you have something to hide and constitutional rights and duties are never absolutes. Remember that. Police officers also have constitutional right and duty of search and seizure. The videos where you see a police officer just keep quiet or let a person go, after they start mentioning about this or that right, is because the cop has gotten fed up and doesn't think you're worth arresting or much of a threat or having anything worth to hide.

    Don't get agitated. Always be calm and collected when dealing with a cop. Being agitated and defensive at the wrong time, in body language and words, will only trigger the cop's training to find out more about you by searching you or even arresting you.
    Last edited by albertin; 22nd January 2021 at 04:46.

  8. #8
    Member trick_of_light's Avatar
    Join Date
    Feb 2007
    Posts
    440
    Thumbs Up
    Received: 523
    Given: 455

    2 Not allowed!
    A bit oversimplified, but good, old, tried and true advice from a lawyer (confirmed by a cop after approx. 26 minutes). And, yes, it's one reason to be glad you live in the USA (as the cop mentions).




  9. #9
    Newbie
    Join Date
    Feb 2010
    Posts
    2
    Thumbs Up
    Received: 0
    Given: 0

    0 Not allowed!
    I'm a newbie oldie that has actually been here B.PH. (Before PornHub). I lot of what you're espousing is just not correct. And I'm not a lawyer and won't debate you. But it would good advice to follow the postings of different legal "experts" on YouTube. IMHO, "Audit the Auditors" is the best and his advice is rooted both in law and common sense.

  10. #10
    Jr. Member
    Join Date
    Oct 2007
    Posts
    53
    Thumbs Up
    Received: 109
    Given: 24

    0 Not allowed!
    It is almost meaningless to talk about "the U.S" unless you are only going to discuss Federal Law, since each state has its own laws and those laws vary considerably.

  11. #11
    Sr. Member
    Join Date
    Nov 2018
    Posts
    726
    Thumbs Up
    Received: 765
    Given: 195

    0 Not allowed!
    Quote Originally Posted by md4753 View Post
    It is almost meaningless to talk about "the U.S" unless you are only going to discuss Federal Law, since each state has its own laws and those laws vary considerably.
    Well true up to an extent but I wouldn't say it is meaningless. I've given the best general advice possible for every place. Although I must admit, police and cops constantly checking up and taking up the time of Blacks, Native American Latinos can become very frustrating and borders around unethical racial profiling.
    Last edited by albertin; 8th February 2021 at 03:29.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •