5 votes

"UPDATED" Legal Rights Card at Checkpoints

After a lot of reading and researching; I have decided on a business card of the following for DUI Checkpoints and etc....As soon as the police officer begins asking questions that you do not plan to answer; I would wait for a pause and then read the card (front & back). After reading it; look at your watch and say what time it is "out loud". Once again you ask "Am I Free To Go"; I believe the police have so much time that he can detain you and then he must let you be on your way or charge you with something. If he ask for the standard stuff (DL, proof of insurance, & registration; give him a copy of the card you read...

What do you all think now???

Police encounters are becoming more intrusive for liberty minded people like us!!!

http://files.wnd.vphosted.com/rest/objects/4a8438f1a546c70b0...

FRONT OF CARD...

Attention Law Enforcement:

Under the Constitution of the
United States of America;
supreme law of the land, I
wish to remain silent. I do
not want to answer any
questions. I do not want to
participate in any lineup.
I do not consent to any
search of my person,
property, or possession
under my control or in which
I have an interest.

Back of Card...

Attention Law Enforcement:

I'm a united states citizen and I
have nothing further to say at this
time. I wish to know what I am being
charged with or am I free to go. If I
am not free to go then I wish to
speak to my lawyer now.

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Find a criminal defense attorney now...

even if you never commit a crime you should already have a relationship with one.

My attorney gave me his business card which I carry at all times right behind my drivers license. On the back is clearly printed the following statement.

"I refuse to consent to any search of my premises, the location of my arrest, my car or effects. I wish to exercise my rights under the Fifth and Sixth Amendments to remain silent and to have my attorney 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 agent on the subject of waiver."

Simply hand this card with your license and along with car registration and proof of insurance if asked.

Your Right to remain silent is best exercised before you get questioned not after you already opened your mouth. Bottom Line is you are never required to answer ANY question from law enforcement without your attorney. That means have an attorney. Spend an hour and find one. They are everywhere!

This message is intended as a public service announcement from FreedomFighter

Thanks for your imput...

Greatly appreciated!!!

"First they ignore you, then they laugh at you, then they attack you, then you win!"
GANDHI

"The belief is worthless if the fear of social and physical punishment overrides the belief."

Miranda Warning...

The Miranda Warning is only given when a criminal suspect has been arrested and is in police custody or in a custodial interrogation.

I'd suggest removing the words "Miranda Rights." I don't have a suggestion as what to replace it with, but it's my understanding that a stop at an inland border patrol checkpoint does not qualify as either an arrest or a custodial interrogation. I could be mistaken.

The three types of peace officer encounters are:

1. A consensual encounter - you're voluntary talking to them
2. An investigative detention, or a Terry Stop - they have reasonable suspicion that a crime is, has been, or will be committed, and a reasonable person feels he cannot voluntarily leave
3. An arrest

I believe we're legally required to stop at a border checkpoint (can someone cite the case law?), so it's not a consensual encounter. Therefore it has to be a Terry Stop, and in a Terry Stop, the peace officer must be able to articulate suspicion of criminal activity before stopping you.

US vs. Martinez-Fuerte is the Supreme Court case that said it was NOT a violation of the 4th Amendment and thus approved of fixed, inland border checkpoints.

http://en.wikipedia.org/wiki/United_States_v._Martinez-Fuerte

But, I just don't see how that is accurate because if inland border patrol checkpoints are conducting investigative detentions without any suspicions of criminal activity, they are indeed a violation of the 4th Amendment.

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

Yes

I agree with your legal analysis.
Congress is vested with the power via art 1 sec 8 to deal with foreigners but it is restricted in how it uses this power by the 4th amendment. So, on its face these inland border checkpoints are unconstitutional, except if you take into account a possible nuance...

where the art 1 sec 8 power gives them power to check, but once american citizenship is obtained and the 4th amendment invoked then the restrictions kick in.

How about...

Front of card...

Under the "Constitution of the United
States of America"; supreme law of
the land, I wish to remain silent.
I do not want to talk or answer any
questions to law enforcement. I do
not want to participate in any lineup.
I do not consent to any search of my
person, property, or possession
under my control or which I have an
interest.

Back of card...

Mr. Police Officer:
I have nothing further to say at this
time. I wish to know what I am being
charged with or am I free to go. If I
am not free to go then I wish to
speak to my lawyer now.

"First they ignore you, then they laugh at you, then they attack you, then you win!"
GANDHI

"The belief is worthless if the fear of social and physical punishment overrides the belief."

Can you render the sentiment symbolically for those cops

who cannot read?

I they had been able to read and comprehend the Bill of Rights, which would seem to be a reasonable requirement before enforcing laws, then you probably wouldn't need to show them a card.

looks good

!

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Never be caught off guard...

Police are trained to get as much information as possible to make their case more solid. The best defense is silence...

"First they ignore you, then they laugh at you, then they attack you, then you win!"
GANDHI

"The belief is worthless if the fear of social and physical punishment overrides the belief."