When Detained By Cops: Ask If You're Free To Go
"Unless you say you want to leave, the law considers the encounter voluntary," says Flex Your Rights Associate Director Scott Morgan. Morgan discusses how to deal with the some of the situations that can develop after you initially refuse consent to a police search.
Learn more about your rights when dealing with the police in traffic stops and in general by watching this video:
Another video from the same people (on traffic stops):
I'm not sure whether he should have answered the Tek9 question.
James Duane, I think, would argue against that.








Something like this happened to me a couple of weeks ago.
I was given a citation, started to leave, and was then asked if I would stay and answer a few more questions. "Officer am I being detained"? He said no so I told him I was going to leave and started walking back to my car. I am then told that I was now being detained, because my refusal to answer questions or have my vehicle searched was "suspicious".
To be fair I was a California resident driving through Des Moines, so I must have some kind of Scarface/Breaking Bad operation going on, right?
bs123 at January 24, 2013 3:42 AM
I am then told that I was now being detained, because my refusal to answer questions or have my vehicle searched was "suspicious".
This is a question I have, and I'm writing something for my book about this right now. Just interviewed a cop from Washington State yesterday. I could tell on the phone that he's just a great guy and fair, and not every cop is like that of course.
Apparently, Bill Gates, when stopped, just cracks the window and slides his papers through and a car saying he's been advised not to say anything by his lawyers.
This officer said it's your Constitutional right to decline a search -- but others may not be so respectful and may be of the notion (erroneous and awful that I hear from too many people): Why would it matter that you're searched if you have nothing to hide?
From law prof James Duane's video, Why You Should Never Talk to The Police, anything you say to a police officer can be used against you in court:
http://www.youtube.com/watch?v=CkZf6_jK3Zs
Officer George Bruch of the VA Beach Police Dept - said everything Duarte said was true:
Amy Alkon at January 24, 2013 5:36 AM
Why would it matter that you're searched if you have nothing to hide?
Heh. On the advice of my lawyer, I'm going to have to insist my lawyer be present before I waive any rights.
I R A Darth Aggie at January 24, 2013 6:26 AM
I'd recommend that all your readers go to the Flex Your Rights site, buy all their videos, and watch them repeatedly until they internalize the principles. Have your kids, especially, do the same.
The nice cops who look for the real criminal like on TV really do exist, but they aren't all like that.
Grey Ghost at January 24, 2013 8:22 AM
I would also recommend the book "Arrest Proof Yourself" by Dale C Carson.
Available through Amazon (remember to buy through Amy's Mall link)
John Paulson at January 24, 2013 10:43 AM
Amy Alkon
https://www.advicegoddess.com/archives/2013/01/when-detained-b.html#comment-3578621">comment from John PaulsonThanks, John -- I'm actually quoting from it in my next book. Here's a link: Arrest-Proof Yourself: An Ex-Cop Reveals How Easy It Is for Anyone to Get Arrested, How Even a Single Arrest Could Ruin Your Life, and What to Do If the Police Get in Your Face
Amy Alkon
at January 24, 2013 11:10 AM
Thanks Amy- I watched all 4 parts just as a refresher course. I wish they would teach this in every high school civics class.
Eric at January 24, 2013 12:20 PM
Then there is the video for open carry.
Jim P. at January 24, 2013 10:17 PM
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